Notice of meeting and agenda

Development Management Sub-Committee of the Planning Committee 10.00 am Wednesday 23 October 2013 (or at the conclusion of the Planning Committee whichever is the later)

Dean of Guild Room, City Chambers, High Street, This is a public meeting and members of the public are welcome to attend.

Contact: email: [email protected] Tel: 0131 529 4261

1. Order of business

1.1 Including any notices of motion and any other items of business submitted as urgent for consideration at the meeting.

1.2 Any member of the Council can request a Hearing if an item raises a local issue affecting their ward. Members of the Sub-Committee can request a presentation on any item in part 4 of the agenda. Members must advise Committee Services of their request by no later than 9.00am on the Tuesday preceding the meeting (see contact details in the further information section at the end of this agenda).

2. Declaration of interests

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

3. Hearing Requests from Ward Councillors

If a member of the Council has submitted a written request for a hearing to be held on an application that raises a local issue affecting their ward, the Development Management Sub-Committee will decide at this point in the meeting whether or not to hold a hearing based on the information submitted. All requests for hearings will be notified to members prior to the meeting

4. General applications and miscellaneous business

The recommendations by the Acting Head of Planning and Building Standards or other Chief Officers detailed in their reports will be approved without debate unless the Clerk to the meeting indicates otherwise during “Order of Business” at item 1 above.

4.1 Agilent Technologies, Scotstoun Avenue, South Queensferry – Modification or discharge of planning obligations – Application no. 13/03502/OBL – report by the Acting Head of Planning and Building Standards (circulated).

It is recommended that this application be GRANTED.

4.2 37 - 41 Broomhall Drive, Edinburgh – Installation of ATM to shop front – Application no. 13/03447/FUL – report by the Acting Head of Planning and Building Standards (circulated).

It is recommended that this application be GRANTED.

Development Management Sub-Committee – 23 October 2013 Page 2 of 8

4.3 376 Calder Road, Edinburgh (Site 94 Metres North Of) – Application for renewal of consent 10/00953/PPP - Planning Permission in Principle for redevelopment of site for affordable housing and housing for sale with ancillary community facilities and associated landscaping and public realm – Application no. 13/03147/PPP – report by the Acting Head of Planning and Building Standards (circulated).

It is recommended that this application be GRANTED.

4.4 179 Clermiston Road & 7 Fox Covert Grove, Edinburgh – (Confirmation of Tree Preservation Order No 171) – Application no. TPO No. 171 – report by the Acting Head of Planning and Building Standards (circulated).

It is recommended that the Tree Preservation Order be CONFIRMED.

4.5 7 Dryden Place Edinburgh – Formation of new dormer window to rear elevation; installation of new roof windows into existing pitched roof; replacement of existing bituminous felt flat roof with new warm roof construction – Application no. 13/03003/FUL – report by the Acting Head of Planning and Building Standards (circulated).

It is recommended that this application be GRANTED.

4.6 1 Freelands Farm, Freelands Road, Ratho (Land 48 Metres Southwest Of) – Erection of two semi-detached dwellings. – Application no. 13/03476/FUL – report by the Acting Head of Planning and Building Standards (circulated).

It is recommended that this application be REFUSED.

4.7 302A Gilmerton Road, Edinburgh – Remove sloping slated roofs and stepped flat roofs and replace with a new sloped slated roof, including dormer window, skylight, projecting balcony and set back french windows. – Application no. 13/02453/FUL – report by the Acting Head of Planning and Building Standards (circulated). It is recommended that this application be a MIXED DECISION.

4.8 112 Greenbank Road, Edinburgh – Extend house to side and rear, re-instate original chimney and erect flue. – Application no. 13/03150/FUL – report by the Acting Head of Planning and Building Standards (circulated). It is recommended that this application be GRANTED.

4.9 Flat 3, 2 Greenhill Place, Edinburgh – New timber sash and case windows, double glazed slimlite low E units to rear dormers and slimlite double glazed units in existing window frame to the front windows. – Application no. 13/02657/LBC – report by the Acting Head of Planning and Building Standards (circulated). It is recommended that this application be GRANTED.

Development Management Sub-Committee – 23 October 2013 Page 3 of 8

4.10 95 Harvesters Way, Edinburgh (Land 90 Metres West Of) – Proposed redevelopment of longstanding brownfield site with 183 new flatted and housing units – Application no. 13/02640/FUL – report by the Acting Head of Planning and Building Standards (circulated). It is recommended that this application be GRANTED.

4.11 39 High Street, South Queensferry – To allow the use of a public parking area as a community market with the erection of twelve gazebos on selected days in August, September and December 2013 and monthly through May to September 2014 (as amended) – Application no. (13/02603/FUL) – report by the Acting Head of Planning and Building Standards (circulated). It is recommended that this application be GRANTED.

4.12 10 Learmonth Gardens Mews, Edinburgh (Land 26 Metres South West Of) – Erection of detached house with integral garage – Application no. (13/02997/FUL) – report by the Acting Head of Planning and Building Standards (circulated). It is recommended that this application be REFUSED.

4.13 21 Moredun Park Street, Edinburgh (Site 60 Metres East Of) – Development of 54 no. new dwellings along with associated access roads, car parking and areas of both hard and soft landscaping – Application no. (13/02248/FUL) – report by the Acting Head of Planning and Building Standards (circulated). It is recommended that this application be GRANTED.

4.14 68 North Street, Ratho – Alter and change the use of existing office to residential and change of use of public green space to garden ground – Application no. (13/01160/FUL) – report by the Acting Head of Planning and Building Standards (circulated). It is recommended that this application be GRANTED. 4.15 45 Queen Margaret Close, Edinburgh – Certificate of lawfulness for a proposed use or development to remove garage door and build up opening in facing brick to match existing walls and new projecting window – Application no. (13/03317/CLP) – report by the Acting Head of Planning and Building Standards (circulated). It is recommended that this application be GRANTED.

Development Management Sub-Committee – 23 October 2013 Page 4 of 8

5. Returning Applications

These applications have been discussed previously by the Sub- Committee. The Sub-Committee instructed the Acting Head of Planning and Building Standards to report on detailed reasons for refusal or on the conditions to be attached to approval.

5.1 103 Newcraighall Road, Edinburgh (Land 335 Metres Southwest Of) – Development including new housing, potential mixed-use facilities, open space, access and services infrastructure – Application no. (10/03449/PPP) – report by the Acting Head of Planning and Building Standards (circulated). Note: The Sub-Committee, on 18 January 2012 indicated they were minded to GRANT the application.

5.2 104 Newcraighall Road, Edinburgh (Land 263 Metres South Of) – Planning permission in principle for new housing, local mixed use facilities together with open space, access and services, infrastructure, landscape and footpath/cycle provision – Application no. (10/03506/PPP) – report by the Acting Head of Planning and Building Standards (circulated). It is recommended that this application be GRANTED. Note: The Sub-Committee, on 18 January 2012 indicated they were minded to GRANT the application. 6. Application for Hearing

The Acting Head of Planning and Building Standards has identified the following applications as meeting the criteria for Hearings. The protocol note by the Head of Legal, Risk and Compliance sets out the procedure. 6.1 69A Kinnaird Park, Fort Kinnaird Retail Park, Edinburgh (Site 90 Metres North of) – Protocol Note by the Head of Legal, Risk and Compliance (circulated)

6.2 69A Kinnaird Park, Fort Kinnaird Retail Park, (Site 90 Metres North Of), Edinburgh – Erection of retail unit incorporating 5,612 square metres (gross internal retail floorspace) – Application no. 13/02381/FUL - Protocol Note and report by the Acting Head of Planning and Building Standards (circulated).

It is recommended that this application be REFUSED.

6.3 1-77 Kinnaird Park, 1-33 Lawhouse Toll, Edinburgh – Application for the modification or discharge of Planning Obligations – Application no. 13/03450/OBL – report by the Acting Head of Planning and Building Standards (circulated).

It is recommended that this application be REFUSED.

Development Management Sub-Committee – 23 October 2013 Page 5 of 8

6.4 1-77 Kinnaird Park, 1-33 Lawhouse Toll, Edinburgh – Application for the modification or discharge of Planning Obligations – 13/03451/OBL - report by the Acting Head of Planning and Building Standards (circulated).

It is recommended that this application be REFUSED.

7. Pre-Application Reports

No decisions will be taken on these applications at this meeting. Following a presentation by the Acting Head of Planning and Building Standards, members will have the opportunity to ask questions and indicate key issues they would like the applicants to consider in their eventual application/s. Members will not express a view on the merits of the proposal/s.

7.1 A8 West Edinburgh (Land North of) – report on forthcoming application by IBG Stakeholders (New Ingliston Ltd, Murray Estates Lothian Ltd, FSH Airport (Edinburgh) Services Ltd) – report by the Acting Head of Planning and Building Standards (circulated).

7.2 59 and 60 Belford Road, Edinburgh (Land at) – report on forthcoming application by AMA (New Town) Ltd. for detail proposals for demolition and redevelopment of site for residential and office development – report by the Acting Head of Planning and Building Standards (circulated).

7.3 Cliftonhall Road, Newbridge – report on forthcoming application by Roxhill Developments Ltd for planning permission for erection of a distribution warehouse – report by the Acting Head of Planning and Building Standards (circulated).

7.4 Saughton Prison, Stenhouse Road, Edinburgh – report on forthcoming application by Scottish Prison Service for a new Women’s Regional Unit, associated parking and alterations to the existing prison estate – report by the Acting Head of Planning and Building Standards (circulated). 8. Returning Applications Following Site Visit

These applications have been discussed at a previous meeting of the Sub- Committee and were continued to allow members to visit the sites.

None.

Development Management Sub-Committee – 23 October 2013 Page 6 of 8 9. Applications for Detailed Presentation The Acting Head of Planning and Building Standards has identified the following applications for detailed presentation to the Sub-Committee. A decision to grant, refuse or continue consideration will be made following the presentation and discussion on each item.

9.1(a) 7 Shrub Place, Edinburgh (Site 69 Metres West Of) – Proposed Mixed Use Development including redevelopment of Listed Buildings (Tram Workshops) – Application no. (13/01070/FUL) – report by the Acting Head of Planning and Building Standards (circulated).

It is recommended that this application be GRANTED.

9.1(b) 7 Shrub Place, Edinburgh (Site 69 Metres West Of) – Retain existing chimney, alter existing tram workshops to accommodate residential development, reduce height of existing gable wall to remove requirement for galvanised steel buttresses – Application no. (13/01071/LBC) – report by the Acting Head of Planning and Building Standards (circulated).

It is recommended that this application be GRANTED.

Carol Campbell Head of Legal, Risk and Compliance Committee Members

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

The Development Management Sub-Committee consists of 15 Councillors and usually meets twice a month. The Sub-Committee usually meets in the Dean of Guild Room in the City Chambers on the High Street in Edinburgh. There is a seated public gallery and the meeting is open to all members of the public. Further information

All members of the Council have been notified of the publication of this agenda. Any member can request a Hearing if an item raises a local issue affecting their ward. Members must advise Committee Services, by no later than 9.00am on the Tuesday preceding the meeting if they wish to be heard: Contact Stephen Broughton 0131 529 4261 email: [email protected]

A summary of the recommendations on each planning application is shown on the agenda. Please refer to the circulated reports by the Acting Head of Planning and Building Standards or other Chief Officers for full details. Online Services - planning applications can be viewed online by going to www.edinburgh.gov.uk/planning - this includes letters of comments received.

Development Management Sub-Committee – 23 October 2013 Page 7 of 8 Members of the Sub-Committee can request a detailed presentation on the applications in Section 4 of the agenda. The Clerk will advise of any requests received under “Order of Business” and the report will be discussed later in the meeting.

Members of the Council who are not members of the Sub-Committee can make a request for an application to be considered by means of a Hearing, in order to speak on an application if the development is located in their Council ward. The Clerk will report this under “Order of Business” prior to the Sub-Committee considering the request. Otherwise, ward members are not permitted to speak on applications at the meeting.

Only elected members and officers of the Council may speak at the meeting unless the item is shown as a Hearing. For Hearings, the list of individuals and/or organisations invited to speak at the meeting will be detailed in the relevant report. The Development Management Sub-Committee does not hear deputations on planning applications. For the majority of planning applications, the decision rests with the Development Management Sub-Committee. The Sub-Committee only makes recommendations to the full Council on national/major planning applications, as defined in legislation. Reports on that type of application which require a “pre-determination hearing” will explain the process.

If you have any questions about the agenda or meeting arrangements, please contact Stephen Broughton, Committee Services, City of Edinburgh Council, City Chambers, High Street, Edinburgh EH1 1YJ, 0131 529 4261 email: [email protected]

A copy of the agenda and papers for this meeting will be available for inspection prior to the meeting at the main reception office, City Chambers, High Street, Edinburgh. The agenda, minutes and public reports for this meeting and all the main Council committees can be viewed online by going to www.edinburgh.gov.uk/cpol.

Development Management Sub-Committee – 23 October 2013 Page 8 of 8 Development Management Sub Committee

Wednesday 23 October 2013

Application for Planning Obligation 13/03502/OBL At Agilent Technologies, Scotstoun Avenue, South Queensferry Modification or discharge of planning obligations.

Item number Report number Wards A01 - Almond

Links

Policies and guidance for RWH7, RWH11, RWTRA3, this application

David R. Leslie Acting Head of Planning and Building Standards

Contact: Ian Williams, Monitoring Officer E-mail:[email protected] Tel:0131 529 3752

Executive summary

Application for Planning Obligation 13/03502/OBL At Agilent Technologies, Scotstoun Avenue, South Queensferry Modification or discharge of planning obligations.

Summary

It has been accepted by the applicant's agent that the permission to which the agreement is attached has lapsed and consequently this agreement has fallen with it. It is therefore acceptable for the agreement to be discharged. There are no other material planning considerations. Recommendations

It is recommended that this application be Granted subject to the details below (in section 3 of the main report). Financial impact

There are no financial implications to the Council. Equalities impact

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

This application is not subject to the sustainability requirements of the Edinburgh Design Guidance. Consultation and engagement

Pre-Application Process

A written request was received to discharge the Section 75 agreement attached to application 06/00842/OUT following the lapse of this permission. It was advised that a formal application would have to be made and approved before any discharge could be concluded.

Publicity summary of representations and Community Council comments

No representations have been received.

Background reading / external references

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

Development Management sub committee – 23 October 2013 Page 3 of 8

Report

Application for Planning Obligation 13/03502/OBL At Agilent Technologies, Scotstoun Avenue, South Queensferry Modification or discharge of planning obligations. 1. Background

1.1 Site description

The site is bounded by Queensferry High School to the north and the main east coast railway line is found close to the east. Residential developments are found to the south and west and land formally occupied by the Agilent campus is found to the south and east.

The site used to contain an array of office premises and factory buildings that have now been demolished. Vehicular access to the site is via Ashburnham Loan to the north and Scotstoun Avenue to the west.

1.2 Site History

April 2008 - outline permission was granted with an attached section 75 agreement for a residential development (Reference:- 06/00842/OUT).

May 2012 - planning permission in principle was granted with an attached Section 75 agreement for redevelopment to a residential and mixed use development including retail units (class 1), business use (class 4), financial and professional services (class 2), food and drink (class 3), non residential institution (e.g. creche) (class 10) and associated access, parking and landscaping (Reference: 11/00995/PPP).

September 2013 - an application to vary conditions of the 06/00842/OUT permission to allow a further 3 years to make an application for reserved matters and a further 3 years within which to commence the approved development was withdrawn (Reference:- 11/01162/FUL)

August 2013 - an application for approval of matters specified in conditions to the 11/00995/PPP permission was received and is currently under consideration (Reference:- 13/03310/AMC). 2. Main report

2.1 Description Of The Proposal

The application seeks to discharge the legal agreement relating to planning permission reference 06/00842/OUT. The agreement requires the proprietor (Agilent Technologies UK Limited) and their successors in title to make 25% of the total number of housing units available as affordable units. It also requires the proprietor, prior to the first occupation of any new residential unit, to upgrade the Ferrymuir pedestrian crossing to

Development Management sub committee – 23 October 2013 Page 4 of 8 the Council's satisfaction and to make financial contributions towards the Council's safer routes to school programme and for the purpose of resurfacing four synthetic 7 a side football pitches in the vicinity of the development.

Supporting Statement

The applicant's solicitor has submitted a letter, a copy of a plan of the site and a copy of the agreement concluded and last signed on the 8 April 2008.

The documents are available to view on the Planning and Building Standards online services.

2.2 Determining Issues

Do the proposals comply with the development plan?

If the proposals do comply with the development plan, are there any compelling reasons for not approving them?

If the proposals do not comply with the development plan, are there any compelling reasons for approving them?

2.3 Assessment

To address these determining issues, the Committee needs to consider whether: a) the discharge of the agreement as proposed results in any unacceptable impacts; b) there are any equalities issues or human rights impact to be addressed. a) The application seeks to discharge the legal agreement tied to the 06/00842/OUT planning permission.

The permission was granted on the 10 April 2008. Condition 1 a) required an application for the approval of the stipulated reserved matters to be made before the expiration of three years from the date of the grant of the outline permission. No such application was made within this period. The 11/01162/FUL application was made to seek permission for a three year extension to the time period under this condition. This application has been withdrawn and consequently the 06/00842/OUT outline planning permission has lapsed.

Demolition of original buildings on the site has been undertaken with Building Standards' approval. A "material operation" in terms of section 27 (4) (b) of the Act has taken place. Such works can only be undertaken under one planning permission. The agent's letter of the 23 August confirmed both the withdrawal of the 11/01162/FUL application and the understanding that with this, the original 06/00842/OUT permission had expired. In so doing, the agents also indicated that they did not consider the demolition works to have been connected with this 06/00842/OUT permission.

A fresh agreement was concluded on the 3 May 2012 and is tied to the current 11/00995/PPP permission for the site.

Development Management sub committee – 23 October 2013 Page 5 of 8

b) There are no equalities issues to be considered.

In conclusion, it has been accepted by the applicant's agent that the permission to which the agreement is attached has lapsed and consequently this agreement has fallen with it. It is therefore acceptable for the agreement to be discharged. There are no other material planning considerations.

3. Recommendations

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

Informatives

It should be noted that:

1. Please submit an engrossed Discharge or Minute of Variation (as appropriate) in accordance with the terms of this Decision Notice for execution and registration by the City of Edinburgh Council along with the required registration forms and registration fee. Submissions should be sent to The City of Edinburgh Council, Legal Services, 4 East Market Street, Edinburgh, EH8 8BG.

Statutory Development Plan Provision The application site is identified in the adopted Rural West Edinburgh Local Plan as an existing business area.

Date registered 30 August 2013

Drawing numbers/Scheme 01,

Scheme 1

David R. Leslie Acting Head of Planning and Building Standards

Development Management sub committee – 23 October 2013 Page 6 of 8

Links - Policies

Relevant Policies:

Policy H7 states that planning permission for residential development, including conversions, consisting of 12 or more units, should include provision for affordable housing amounting to 25% of the total number of units proposed.

Policy H11 states that the Council will support the retention of existing community facilities where there is a proven need and no suitable replacement facilities are available

Policy TRA3 says that a transport assessment will normally be required for significant development proposals

Appendix 1

Consultations

No consultations undertaken.

Location Plan

© Crown Copyright and database right 2013. All rights reserved. Ordnance Survey License number 100023420 END

Development Management sub committee – 23 October 2013 Page 8 of 8 Development Management Sub Committee

Wednesday 23 October 2013

Application for Planning Permission 13/03447/FUL At 37 - 41 Broomhall Drive, Edinburgh, EH12 7QL Installation of ATM to shop front.

Item number Report number Wards A06 - /Murrayfield

Links

Policies and guidance for LPC, CITD12, NSG, NSBUS, this application

David R. Leslie Acting Head of Planning and Building Standards

Contact: Rihards Sobols, Student Planner E-mail:[email protected] Tel:0131529 3543

Executive summary

Application for Planning Permission 13/03447/FUL At 37 - 41 Broomhall Drive, Edinburgh, EH12 7QL Installation of ATM to shop front.

Summary

The proposal will not have a detrimental impact on the appearance of the building or street, residential amenity or road safety. The proposal complies with the Edinburgh City Local Plan and non statutory guidance. There are no other material planning considerations. Recommendations

It is recommended that this application be Granted subject to the details below (in section 3 of the main report). Financial impact

There are no financial implications to the Council. Equalities impact

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

This application is not subject to the sustainability requirements of the Edinburgh Design Guidance. Consultation and engagement

Pre-Application Process

There is no pre-application process history.

Publicity summary of representations and Community Council comments

Seven letters of objection were received. The following material considerations have been raised: • transport issues in the area; • residential amenity.

Non material comments raised relate to security issues, an increase in footfall in the area and consumption of alcohol next to the unit.

A full assessment of the representations can be found in the main report in the Assessment section. Background reading / external references

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

Development Management sub committee – 23 October 2013 Page 3 of 8 Report

Application for Planning Permission 13/03447/FUL At 37 - 41 Broomhall Drive, Edinburgh, EH12 7QL Installation of ATM to shop front. 1. Background

1.1 Site description

The property is a ground floor retail unit within a 2 storey building, located on the east side of Broomhall Drive off the main road, Meadow Place Road. The property is part of a row of 3 shops with residential flats above. The surrounding area is predominately residential. The facade of the building at ground floor consists of shop windows with tiling at lower levels. The first floor is finished in dry dash render.

1.2 Site History

22 August 2000 - planning permission was granted for alterations to shopfront (Reference: 00/02358/FUL).

12 July 2001 - planning permission was granted for unification of two retail units to form a single unit with alterations to the shopfront (Reference: 01/00588/FUL).

5 January 2008 - planning permission was refused for a partial change of use to a hot food takeaway (Reference: 08/03854/FUL).

6 May 2009 - planning permission was granted for a partial change of use to a coffee shop (Reference: 09/00463/FUL) . 10 September 2010 - planning permission was granted for an installation of a multideck display case and an external condenser unit (Reference: 10/02329/FUL).

23 September 2013 - advertisement consent was granted for signage associated with this application (Reference: 13/03447/ADV). 2. Main report

2.1 Description Of The Proposal

The proposal is to install an ATM to a shop front, replacing one of the shop windows. The proposed ATM will be framed in black with signage above and below.

2.2 Determining Issues

Do the proposals comply with the development plan?

If the proposals do comply with the development plan, are there any compelling reasons for not approving them?

Development Management sub committee – 23 October 2013 Page 4 of 8 If the proposals do not comply with the development plan, are there any compelling reasons for approving them?

2.3 Assessment

To address these determining issues, the Committee needs to consider whether: a) the proposal will have a detrimental impact on the character and appearance of the building or shopping street; b) the proposal is detrimental to the amenity of neighbours; c) the proposal affects road safety; d) the proposal has any equalities or human rights impacts; and e) representations raise issues to be addressed. a) Impact on Character and Appearance

The proposed ATM will replace one of the eight shop windows in a building of no significant architectural interest and it is considered that the proposed development will not impact the appearance of the building or street. b) Impact on Residential Amenity

The location of the development within a mixed use area within an existing commercial frontage. The scale of the proposal is considered to be appropriate and would not have any effect on the amenity of the neighbouring residents. c) Road Safety

Transport has been consulted on the application. It has no objections in regards to the application. Therefore, it is considered that the proposal will not have any impact on pedestrian or road safety. d) Equalities and Human Rights Impacts

There is no impact in terms of equalities or human rights. e) Public Comments

Material Considerations

• Transport - addressed in point c) of the assessment.

• Amenity - addressed in point b) of the assessment.

Non-material Representations - security issues, increased footfall and consumption of alcohol around the unit. These are not material planning considerations

Conclusion

In conclusion, the proposal complies with the development plan. It will not have a detrimental impact on the appearance of the building or street, residential amenity or road safety. The proposal complies with the Edinburgh City Local Plan and non

Development Management sub committee – 23 October 2013 Page 5 of 8 statutory guidance. There are no material considerations which outweigh this conclusion.

3. Recommendations

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

3.2 Conditions/reasons Conditions:-

Informatives

It should be noted that:

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

2. The City of Edinburgh Council acting as Roads Authority reserve the right under Section 93 of The Roads (Scotland) Act 1984 to adjust the intensity of any non adopted lighting applicable to the application address.

Statutory Development Plan Provision The area within which the site is located has been defined as Urban Area within the Edinburgh City Local Plan.

Date registered 28 August 2013

Drawing numbers/Scheme 01-05,

Scheme 1

David R. Leslie Acting Head of Planning and Building Standards

Development Management sub committee – 23 October 2013 Page 6 of 8

Links - Policies

Relevant Policies:

Relevant policies of the Edinburgh City Local Plan.

Policy Des 12 (Shopfronts) sets criteria for assessing shopfront alterations and/or advertising proposals.

Relevant Non-Statutory Guidelines

Non-statutory guidelines 'GUIDANCE FOR BUSINESSES' provides guidance for proposals likely to be made on behalf of businesses. It includes food and drink uses, conversion to residential use, changing housing to commercial uses, altering shopfronts and signage and advertisements.

Appendix 1

Consultations

Transport Planning

I have no objections to the application subject to the following applicant being advised if the following informative.

INFORMATIVE

The City of Edinburgh Council acting as Roads Authority reserve the right under Section 93 of The Roads (Scotland) Act 1984 to adjust the intensity of any non adopted lighting applicable to the application address.

Location Plan

© Crown Copyright and database right 2013. All rights reserved. Ordnance Survey License number 100023420 END

Development Management sub committee – 23 October 2013 Page 8 of 8 Development Management Sub Committee

Wednesday 23 October 2013

Application for Planning Permission in Principle 13/03147/PPP At Site 94 Metres North Of 376, Calder Road, Edinburgh Application for renewal of consent 10/00953/PPP - Planning Permission in Principle for redevelopment of site for affordable housing and housing for sale with ancillary community facilities and associated landscaping and public realm.

Item number Report number Wards A07 - Sighthill/Gorgie

Links

Policies and guidance for LPC, CITD1, CITD2, CITD3, CITD4, CITD5, CITD6, this application CITE9, CITE16, CITE17, CITE18, CITOS1, CITOS3, CITH1, CITH2, CITH3, CITH4, CITH7, CITCO1, CITCO2, CITT1, CITT2, CITT3, CITT4, CITT5, CITT6, OTH, NSGD02, NSDCAH, NSP, NSMDV,

David R. Leslie Acting Head of Planning and Building Standards

Contact: David Givan, Planning Design Officer E-mail:[email protected] Tel: 0131 529 3679

Executive summary

Application for Planning Permission in Principle 13/03147/PPP At Site 94 Metres North Of 376, Calder Road, Edinburgh Application for renewal of consent 10/00953/PPP - Planning Permission in Principle for redevelopment of site for affordable housing and housing for sale with ancillary community facilities and associated landscaping and public realm.

Summary

The proposed master plan of housing with ancillary community facilities, landscaping and public realm complies with the development plan. A condition for approval of matters ensures that a suitable level of design quality will be achieved. Other conditions ensure that the quantity of retail floor space will not have an adverse impact on local centres and that risk to human health from contaminants is made acceptable. Recommendations

It is recommended that this application be Granted subject to the details below (in section 3 of the main report). Financial impact

The financial impacts for the project as a whole will be reported separately to the Health, Wellbeing and Housing Committee. Equalities impact

The application was assessed in terms of equalities and human rights. The impacts are identified in the Assessment section of the main report. It is concluded that the impacts are acceptable. Sustainability impact

This application meets the sustainability requirements of the Edinburgh Design Guidance.

Consultation and engagement

Pre-Application Process

For the original proposal (planning permission in principle reference 10/00953/PPP), the applicant carried out extensive public consultation between October 2009 and February 2010. This consultation informed the development of the design which forms the basis of this current application.

For this application, a proposal of application notice (reference 13/01820/PAN) was received on 13 May 2013.

The PAN was issued to: - Sighthill, Broomhouse and Parkhead Community Council - Ward Councillors - Edinburgh Tenants Federation - The Neighbourhood Partnership

A public exhibition was held between 10 and 14 June at Gate 55, Sighthill Road.

There were presentations given to the North Sighthill Development Group and the North Sighthill Residents Association in June and July respectively.

A pre-application report on the proposals was presented to the Committee on 26 June 2013. Committee noted the key issues. These are assessed in this report.

The proposal was subject of review by the Edinburgh Urban Design Panel on 24 February 2010. In summary the Panel supported the direction that was taken with the design of the masterplan for what is considered clearly a challenging site and brief. It particularly wanted the issues of the design of streets and integration of car parking to be explored as the design developed.

Publicity summary of representations and Community Council comments

Neighbours were notified on 15 August 2013. No representations were received.

Sighthill, Broomhouse and Parkhead Community Council set out a number of concerns about the proposals. These are detailed in the assessment and include:

• Provision of health care in the area; • Traffic management arrangements; • The community centre.

A full assessment of the representations can be found in the main report in the assessment section. Background reading / external references

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

Development Management Sub Committee – Wednesday 23 October 2013 Page 3 of 30

Report

Application for Planning Permission in Principle 13/03147/PPP At Site 94 Metres North Of 376, Calder Road, Edinburgh Application for renewal of consent 10/00953/PPP - Planning Permission in Principle for redevelopment of site for affordable housing and housing for sale with ancillary community facilities and associated landscaping and public realm. 1. Background

1.1 Site description

The site area is 4.4 hectares. It is located to the north of Calder Road (A71), a main arterial route into the city centre and wraps around Sighthill Medical Centre and a fire station. The site is bounded to the east by Broomhouse Road (B701), to the west by Sighthill Court which provides access to Napier University buildings further to the west, and to the north by Sighthill Park.

The site was previously developed for housing with three 17 storey tower blocks, a slab block and 4 storey flats. There was a single storey community centre, library and small retail parade. All these buildings are now demolished and the site is fenced off.

There is a fall across the site from north to south of approximately 6.5 metres.

The site is served by the existing bus services on Calder Road and Broomhouse Road. A tram stop for the Edinburgh Tram has been constructed adjacent to Bankhead Drive to the north west of the site.

1.2 Site History

4 October 2007 - The Draft North Sighthill Development Brief was approved for consultation, but has never been finalised.

12 February 2008 – Planning consent was granted for a temporary vehicular access onto Broomhouse Road, reference 07/05201/FUL.

11 December 2009 – A Proposal of Application Notice (PAN) for the redevelopment of the site for affordable housing and housing for sale with ancillary community facilities and associated landscaping and public realm was approved, reference 09/03060/PAN.

23 August 2010 – Planning Permission in Principle was granted for the redevelopment of the site for affordable housing and housing for sale with ancillary community facilities and associated landscaping and public realm. This application seeks to renew this consent. Reference 10/00953/PPP.

Development Management Sub Committee – Wednesday 23 October 2013 Page 4 of 30

27 May 2013 – A Proposal of Application Notice (PAN) for renewal of planning permission in principal (10/00953/PPP) for redevelopment of site for affordable housing, housing for sale, ancillary community facilities and associated landscaping and public realm was approved, reference 13/01820/PAN. 2. Main report

2.1 Description Of The Proposal

This application is part of the 21st Century Homes for Edinburgh programme. It is for planning permission in principle for the renewal of previous planning consent for the redevelopment of North Sighthill with affordable housing, housing for sale, community facilities and associated landscaping and public realm.

The previous consent was for planning permission in principle for 320 dwellings, community facilities and associated landscaping and public realm. It included the following:

Indicative Housing Mix Private Units • 32 three bedroom houses • 15 four bedroom houses • 25 one bedroom flats • 73 two bedroom flats • 15 three bedroom flats

Affordable Units • 10 three bedroom houses • 12 four bedroom houses • 5 one bedroom flats • 82 two bedroom flats • 51 three bedroom flats

Community Facilities A new community centre, library, shops and other ancillary facilities are proposed. These are to be located next to the western boundary of the site.

Access, Road Layouts and Parking Two principal accesses into the site are proposed. One access is provided from Sighthill Green. This is an existing street that provides access to the rear of the fire station and Health Centre. The other access is on Broomhouse Road. This replaces a previous access to the site from Broomhouse Road that has been stopped up.

The masterplan has east/west pedestrian links with views north towards Sighthill Park and pedestrian links to the south towards public transport provision. A pedestrian/ cycle link is shown which connects the west and east of the site to provide strong connections to the university and college.

Car parking is provided in accordance with the current standards. Cycle parking is indicated within flats or stores generally to the rear of houses.

Development Management Sub Committee – Wednesday 23 October 2013 Page 5 of 30

Open Space and Landscaping Open space is provided in the form of private gardens, rear courtyards and a central public amenity space. Structural planting is proposed in with hedge planting and avenues of trees. Different species are indicated for the east/west and north/south axes. Double rows of trees would front Calder Road.

Waste Disposal Arrangements A mix of arrangements is proposed, with external bin stores and communal internal stores for the flats, and wheelie bins for the terraced properties. Further details will be required at the detailed design stage.

Drainage Surface water from the site will be treated in accordance with SUDS principles. Foul drainage will utilise the existing public sewer system.

Sustainability It is proposed that as well as meeting the aspirations of the Council’s former Edinburgh Standards for Sustainable Building, all buildings on the site are rated as Eco-Homes 'excellent'.

Building Configuration The buildings are generally configured around a series of perimeter blocks. An L- shaped block wraps around the Fire Station boundaries which face into the site. There is a mix of terraced properties with private gardens, and flats with shared rear courtyards. Buildings front onto the central open space.

Heights The heights of the buildings vary across the site. Buildings fronting Calder Road, Broomhouse Road and on the western edge by the university are 4 storeys. Buildings fronting the east/west road and Sighthill Park are generally 3 storeys, whilst the remaining buildings are 2 storeys.

Supporting Information The following information was submitted in support of the original application:

• Planning Statement • Consultation Report • Energy Strategy • EcoHomes Pre Assessment Estimator • Response to the issues raised to the pre-application report • Bat Survey • Transport Assessment and Addendum report • SUDS and Drainage Strategy • Phase 1 Environmental Assessment

These documents are available to view on the Planning and Building Standards On- Line Services.

2.2 Determining Issues

Do the proposals comply with the development plan?

Development Management Sub Committee – Wednesday 23 October 2013 Page 6 of 30 If the proposals do comply with the development plan, are there any compelling reasons for not approving them?

If the proposals do not comply with the development plan, are there any compelling reasons for approving them?

2.3 Assessment

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

(a) the proposals comply in principle with the Development Plan and the draft North Sighthill Development Brief;

(b) the traffic and air quality impacts of the development including parking, access and servicing requirements are acceptable;

(c) the proposals provide a development of appropriate scale and design and an acceptable level of amenity for the existing and future residents;

(d) the proposals can proceed without significant environmental impacts in terms of ecology, noise, flooding, contamination, and archaeology;

(e) the proposals are acceptable in terms of education provision and affordable housing;

(f) the proposals are acceptable in relation to sustainability;

(g) the proposals have any equalities or human rights impacts; and

(h) material representations or community council comments raise issues to be addressed. a) The principle of development

The development plan is the South East Scotland Strategic Development Plan – SESPlan and the adopted Edinburgh City Local Plan (ECLP). Also relevant is the Draft North Sighthill Development Brief prepared in 2007.

The principle of development was previously established through the 10/00953/PPP planning permission in principle which this application seeks to renew.

Policy Hou 1 in the ECLP supports the provision of new housing on suitable sites in the urban area. Further consideration of the density of the development with regards to market needs and parking requirements is considered in sections (b) and (c).

Policy OS 1 in the ECLP requires consideration of the benefits of retaining existing open spaces in terms of amenity and character impacts on the local environment. Though parts of the site are identified as open space in the ECLP, these have subsequently been fenced in and have no current public use. Both new private and public spaces would be created as part of a comprehensive redevelopment of the site which will provide approximately 24% open space. The loss of the existing spaces is therefore acceptable in principle. Matters relating to the location and configuration of the new amenity spaces are considered further in section (c).

Development Management Sub Committee – Wednesday 23 October 2013 Page 7 of 30

In terms of environmental impacts the redevelopment will renew the previous housing and deal with any associated contamination issues. Initial survey work has been carried out covering the range of potential environmental impacts and there are no issues of principle. This is considered further in section (d).

The masterplan proposes to replace the community facilities lost through previous demolition along the western boundary. This location accords with the draft development brief, with comments from the Edinburgh Urban Design Panel (EUDP) and also the Police. Although concerns regarding the chosen location have been raised by the Community Council, the design work carried out has demonstrated that this location is the most appropriate. This is due to the practical benefits of promoting safe pedestrian on desire lines from the planned pedestrian crossing on Calder Road, in terms of achieving efficiencies through shared service provision in conjunction with surrounding uses and in terms of the facility being located to serve Sighthill and the surrounding communities. This is acceptable in principle subject to the further consideration of the delivery of the planned pedestrian crossing facilities in section (b).

Overall, subject to the further consideration of wider transport connections and the detail of the submitted master plan, the planned housing and associated community facilities are acceptable in principle. b) Traffic and air quality impacts of the development including parking, access and servicing requirements

Policies Des 3 and Des 4 in the ECLP require that safe and convenient access and servicing is achieved in a manner that encourages walking and cycling and minimises potential conflict between pedestrians, cyclists and motorised traffic. Special regard must be given within the design to the access needs of people with limited mobility or special needs. Policies Tra 4, Tra 5 and Tra 6 in the ECLP require that appropriate provision is made for car and cycle parking in accordance with the Council’s approved Parking Standards. Policy Env 18 requires that air quality issues are assessed and any impacts appropriately mitigated.

In terms of the parking requirements and associated air quality issues, although there will be fewer homes than those demolished, the proposal has a limited number of additional car parking spaces. The parking requirements for the site have been assessed and the levels of parking shown are acceptable for the development subject to further consideration of matters of detail. The location and extent of car club space provision within the site would be agreed at the detailed stage and this may provide an opportunity for a reduction in overall parking numbers. The potential for the provision of electric car charging points shall be further assessed and it is expected that this would form part of the package of sustainability measures along with a Green Travel Plan.

The design of the development is intended to provide a traffic calmed residential environment which promotes reduced traffic speeds. The prevention of through traffic assists with the achievement of these aims.

Development Management Sub Committee – Wednesday 23 October 2013 Page 8 of 30 The submitted Transport Assessment and the associated Addendum demonstrates that there would be limited transport impacts from the development. The proposed new junction on Broomhouse Road can accommodate the traffic from the east side of the development. The existing junction accessing Calder Road at Sighthill Court can accommodate traffic from the west side. This junction could be improved by signalising it and allowing traffic to access both sides of Calder Road when exiting Sighthill Court. The signalised junction would contain pedestrian crossings over Calder Road.

The new junction has been through a detailed design process, and although the implementation of the planned junction improvement works was initially programmed for completion by the Council, there is currently an expected shortfall in the money secured from the previous developments including from Napier University compared to the estimated costs of implementation.

The Addendum to the Transport Statement indicates that a failure to implement the junction would have consequences for vehicles and for pedestrians. Vehicles seeking to exit onto Calder Road to head west would be delayed by being forced to turn left and go around the existing roundabout. Should the planned upgrading works now not go ahead, the occupants of the new housing and surrounding uses would continue to use the existing junction road junction. While this is inconvenient, it does not impact adversely on the road network and so is acceptable in relation to this development.

The existing pedestrian underpass at the same location however is less than satisfactory, being a barrier to accessible pedestrian movement. The response from the Police response to the 2010 application highlights its poor quality design and welcomes the prospect of its early removal as part of the wider process of renewal. There is a need to improve this.

A contribution to the infilling of the underpass combined with a new pedestrian road crossing is therefore sought by Transport Planning. The developer has agreed to make a suitable contribution towards this, or to the delivery of a signalised junction with pedestrian crossing, subject to further discussion with affected parties regarding the justification, exact amount, form and timing of such a contribution. This is acceptable and an applicant informative is recommended.

Pedestrian and cycle access east-west through the development has been achieved through the provision of a dedicated pedestrian/ cycle link across the central open space. This is acceptable subject to further design work regarding the design of the route as it crosses the central open space.

Swept path drawings have been submitted demonstrating the ability for fire engines to continue to access the rear of the fire station. In terms of remaining requirements for access for emergency vehicles, the design of the central open space which is intended to preclude through access except for pedestrians and cyclists could be adapted through the introduction of collapsible bollards to allow for emergency vehicular access. This issue can be examined further and agreed at the detailed design stage.

Overall subject to matters stated, it is accepted that the master plan provides suitable means of access, parking and servicing for the development.

Development Management Sub Committee – Wednesday 23 October 2013 Page 9 of 30 c) Design

Policies Des 1 – Des 5 in the ECLP set a requirement for a high quality of design to be achieved which is appropriate in terms of scale, layout, form and materials. It must also be ensured that the development achieves a good level of amenity and does not adversely impact on the amenity of its neighbours.

The master plan for the whole site demonstrates that the scale of development shown, i.e. 320 homes, can be accommodated on the site. Depending on the final design and the provision of car club parking there may be scope for limited increases in housing numbers. It is recommended that the final number of residential units would be agreed at the detailed stage.

As set out in section (a) the community facilities which include library, community centre and retail are correctly positioned to maximise their potential benefit both to the site and to the wider area. However in order to protect the vitality of the existing local centre to the south, a condition is recommended setting an overall limit on the size of the retail units at 250 square metres. This is in accordance with ECLP policy Ret 5.

The design has integrated the affordable housing with the market housing. In line with the Edinburgh Design Guidance, there is a significant emphasis within the design for the provision of larger units with private and shared gardens which are suitable for families with children.

The numbers of storeys proposed of two to four storeys are acceptable. These are appropriate for the area which has the seven storey Napier university building and a range of predominantly two storey housing in Sighthill and at Broomhouse. While the storey numbers are approved, the final building heights would be agreed at the detailed stage. The number of storeys will meet Edinburgh Airport’s requirements for height limits in relation to aircraft safety.

The proposed private and shared garden spaces will be of significant benefit to future residents. The submitted sun and daylight calculations which factor in the site level differences demonstrate that suitable amounts of sun and daylight can be achieved to both to the properties and the associated amenity areas.

Following advice from the Edinburgh Urban Design Panel at the pre application stage for the 2010 application, a clear hierarchy of streets has been developed with differentiation between the north-south and east-west street design in order to emphasise the connection with the park to the north. Reduced traffic levels will be ensured by preventing through routes and through the detailed design which will include raised tables and elements of shared space. All public areas will have good standards of passive surveillance.

During the design process, alternative locations for the centrally located public open space were considered, including assessing the potential for the space to be located adjacent to the planned community facilities. The central location chosen appears to be the most practical to serve the housing in a safe and convenient manner that is well overlooked by the surrounding housing. The use of appropriate materials for the space including associated lighting and street furniture would be agreed at the detailed design stage.

Development Management Sub Committee – Wednesday 23 October 2013 Page 10 of 30 The submitted soft and hard landscaping plans demonstrate the general principles to be applied to the site. These are: the incorporation of shared space, lines of trees to Calder Road and to Broomhouse Road, the use of permeable paving, and the use of avenues of trees to break up parking areas and to connect the site with Sighthill Park. These principles are acceptable subject to a more detailed consideration of materials, soft landscaping details and construction details.

There is a need to ensure that there is sufficient space for plants to grow where directly adjacent to driveways. Defensive planting (i.e. prickly bushes) to separate housing from the adjacent pedestrian and cycle routes may also be needed in some locations. Details of walls, railings, fences and hedges have been submitted but may need further adjustment to achieve secure by design criteria and to ensure adequate definition of private garden spaces. Accordingly the submitted drawings showing hard and soft landscaping details and boundary treatments are for the purpose of information only and should not be approved.

Edinburgh Airport sought conditions in relation to aircraft safety and landscape. The proposed restriction on the height of trees of trees is unnecessary since trees within the development would not exceed the height limit the Airport Sought. An informative is recommended on the details of landscape in relation to bird hazards and aircraft safety.

Subject to the proposed conditions, the master plan demonstrates that an appropriate scale and design and suitable standards of amenity will be achieved for both existing and future residents. d) Environmental impacts: ecology, noise, flooding, contamination, and archaeology

There will be road noise from Calder Road and Broomhouse Road. Details of glazing and its acoustic capabilities for the new properties are required to be agreed at the detailed stage.

Due to the extent of recent development on the site there are no archaeological issues arising from the development. Similarly, there are no ecological issues resulting from the proposal.

The site is separated from existing water courses and due to the site gradients is considered to be at a low risk of flooding from over land flow. Subject to the further consideration of sustainable urban drainage (SUDS) and the detailed agreement of finished levels, there are no flood risk issues.

Comments submitted by SEPA indicate that two levels of SUDS are required for all hard standing areas including roads. An exception is run-off from roofs which only requires a single level of treatment. Further design work is required to agree the full package of SUDS measures which would be acceptable to SEPA. Details of the drainage will be required at approval of matters specified in condition stage.

From the site investigation details submitted with the application, there is unlikely to be on site contamination from uses in the wider area. Any likely contamination may relate to the previous mixed uses and from asbestos being used in the construction of the remaining buildings. A standard condition is recommended requiring further assessment work to be carried out and suitable mitigation measures to be implemented as part of the development.

Development Management Sub Committee – Wednesday 23 October 2013 Page 11 of 30 For the planned community uses, the same conditions as applied to the 10/00953/PPP permission were sought by Environmental Assessment. These were standard conditions that are now not being used as they are now considered unnecessary or unenforceable. These conditions are not therefore recommended.

Subject to the recommended conditions, the development is acceptable in terms of environmental impacts. e) Education and Affordable Housing

Based on the intended form of development, as submitted, there is sufficient capacity in existing schools to accommodate the development.

In terms of affordable housing, the provision of 50% new affordable units within the site more than meets the 25% standard required by current policy. Although there would be an overall reduction in the amount of social rented units that were provided within the site, the planned replacement units represent a significantly improved provision that is designed to address the housing needs of the area including that for new social rented and mid-rent properties and for low cost home ownership. From the details submitted with the application the affordable housing provision broadly reflects the proposed mix of sizes of market housing in the redevelopment. The units will be built to high standards of energy efficiency thereby reducing the potential for fuel poverty for future residents.

Overall the proposal is acceptable in terms of education, and suitable provision for affordable housing has been shown. f) Sustainability

This application is for a renewal of a previous consent which exceeded the planning guidance requirements for sustainability at that time. The proposal will meet the requirements of the Building Standards which have become more onerous in relation to energy efficiency since the 2010 application was submitted.

Sustainability details would be a matter to be agreed at the detailed application stage. g) Equalities and human rights impacts

The development will improve the local environment and introduce a new mix of housing into the area which will provide for a wide range of people with the full range of protected characteristics.

Part of the proposal potentially impacts on disabled people or those with reduced mobility as some of the proposed dwellings are flats that will have to be accessed via stairs. Ten percent of the affordable dwellings (five percent of the total number of dwellings) will be designed to be accessible. As well as this enhance provision for accessibility, the other dwellings within the development will be required to meet the Building (Scotland) Regulations which have requirements for accessibility.

Development Management Sub Committee – Wednesday 23 October 2013 Page 12 of 30 The layout of the development helps pedestrian movement, making it easier for occupants to access services. As set out in section b) the existing pedestrian underpass at Calder Road is unsatisfactory for all users. It is more difficult to use than a pedestrian road crossing for disabled people. The contribution that the developer has agreed to make will help the delivery of a new at grade pedestrian crossing that will be easier to use.

In relation to rights, any adverse impacts to human health resulting from contamination and from noise pollution shall be removed via the recommended conditions. The layout of the development will allow AMC applications to provide reasonable levels of sunlight and daylight to properties – natural light being important to health.

Physical security is promoted through making streets and spaces overlooked by houses. Privacy in the dwellings and their gardens will help promote individual, family and social life.

The development therefore helps protect and enhance human rights and equality. h)Representations and Community Council.

Material representations Neighbours were notified on 15 August 2013. There were no representations from members of the public.

Community Council Sighthill, Broomhouse and Parkhead Community Council commented on the application (see Appendix 1). It raised concerns about health and education provision along with traffic management arrangements and the provision of the community centre.

The Community Council states that Sighthill Health Centre is currently working close to capacity and is refusing to register any new patients. The provision of health care is a matter for Lothian NHS Board.

In relation to comments about the over subscription of schools, Children and Families has confirmed that there is currently spare capacity at catchment schools. Children and Families have no objection to the proposal and do not require any developer contributions. This is set out in section e).

The Community Council is concerned about the junction with Calder Road and the effects on traffic and pedestrians. This is assessed in detail in section b).

The Community Council does not agree with the location of community facilities, preferring them to be located near to the junction of Broomhouse / Calder Road. The potential for this was explored in detail during the development of the design and assessed in considerable detail in the report on the 10/00953/PPP application to the Development Management Sub Committee. The conclusion at that time was that the proposed location at the western boundary of the site was appropriate. There are no reasons to form a different conclusion in relation to the current application. This issue is set out in detail in section a).

Development Management Sub Committee – Wednesday 23 October 2013 Page 13 of 30 CONCLUSION

In conclusion, the proposals comply with the development plan and the relevant non- statutory guidelines. There are no material considerations which outweigh this conclusion. The recommendation is subject to conditions relating to the submission of approval of matters, site investigation and maximum retail floor area. Various informatives are also proposed including those in relation to the potential for a contribution to the planned junction provision.

To provide planning continuity over the 21st Century Homes for Edinburgh development programme for North Sighthill, which is expected to be phased over a number of years, it is recommended that it is directed that the duration of the consent be ten years.

3. Recommendations

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

3.2 Conditions/reasons

1. Prior to the commencement of works on site, details of the under-noted matters shall be submitted and approved by the planning authority, in the form of a detailed layout of that phase of the site and include detailed plans, sections and elevations of the buildings and all other structures.

Approval of Matters:

(a) Siting, design and height of development, including design of all external features and glazing specifications (including acoustic capabilities)

(b) Design and configuration of public and open spaces, all external materials and finishes

(c) Car parking including the number and location of City Car Club spaces to be provided, cycle parking, access, road layouts and alignment, classification of streets, servicing areas and electric charging points

(d) the precise number of residential units to be developed within the site

(e) Waste management and recycling facilities

(f) Sustainability details

(g) Footpaths and cycle routes

(h) Surface water and drainage arrangements

(i) Hard and soft landscaping details, including:

Development Management Sub Committee – Wednesday 23 October 2013 Page 14 of 30 (i) Walls, fences, gates and any other boundary treatments;

(ii) The location of new trees, shrubs and hedges;

(iii) A schedule of plants to comprise species, plant size and proposed number/density;

(iv) Programme of completion and subsequent maintenance;

(v) Existing and proposed services such as cables, pipelines, substations;

(vi) Other artefacts and structures such as street furniture, including lighting columns and fittings, and play equipment;

(vii) Details of phasing of these works.

(k) Existing and finished ground levels in relation to Ordnance Datum.

2. The total amount of net (trading) retail floor space to be developed shall be restricted to a maximum of 250 sq m. This area shall be delineated on plan as part of any further approval of matters. Thereafter no additional internal floor space or mezzanine shall be created unless authorised by a grant of planning permission.

3. Prior to the commencement of construction works on site:

(a) A site survey (including intrusive investigation where necessary) must be carried out to establish to the satisfaction of the Head of Planning and Building Standards, either that the level of risk posed to human health and the wider environment by contaminants in, on or under the land is acceptable, or that remedial and/or protective measures could be undertaken to bring the risks to an acceptable level in relation to the development; and

(b) Where necessary, a detailed schedule of any remedial and/or protective measures, including their programming, must be submitted to and approved in writing by the Head of Planning and Building Standards

Any required remedial and/or protective measures shall be implemented in accordance with the approved schedule and documentary evidence to certify those works shall be provided to the satisfaction of the Head of Planning and Building Standards.

Reasons:-

1. In order to accord with the statutory requirements of the Town and Country Planning (Scotland) Acts.

2. To ensure that the vitality and viability of the existing local shopping centre is not prejudiced by the development.

3. In order to protect the amenity of the occupiers of the development.

Development Management Sub Committee – Wednesday 23 October 2013 Page 15 of 30 Informatives

It should be noted that:

1. It is directed that: a) Application for the approval of matters specified in conditions must be made before the expiration of ten years from the date of the grant of planning permission in principle, unless an earlier application for such an approval has been refused or an appeal against such a refusal has been dismissed, in which case application for approval of all outstanding matters specified in conditions must be made within 6 months of the date of such refusal or dismissal. b) The approved development must be commenced not later than the expiration of ten years from the date of the grant of planning permission in principle or from the date of expiry of the time period for final approval of matters specified in condition, whichever is later.

2. Subject to the outcome of discussions with relevant parties which are being facilitated by CEC Transport regarding the delivery of the planned Sighthill Court/ Calder Road signalised junction or of a pedestrian crossing over Calder Road at the same location, the applicant has agreed to make a suitable contribution towards the delivery of the planned improvement works. The exact amount, form and timing of the contribution shall be confirmed and agreed in writing with the Head of Planning and Building Standards.

3. For the avoidance of doubt, although the master plan and accompanying building use and building height drawings are approved, further improvements to the master plan shall be sought at the approval of matters stage. The accompanying drawings relating to circulation and parking, refuse, hard and soft landscaping, boundary treatment, drainage and suds, and major utilities routes are not approved and are considered for the purposes of information at this stage.

4. Given the nature of the proposed development it is possible that a crane may be required during its construction. We would, therefore, draw the applicant’s attention to the requirement within the British Standard Code of Practice for the safe use of Cranes, for crane operators to consult the aerodrome before erecting a crane in close proximity to an aerodrome. This is explained further in Advice Note 4 ’Cranes and Other Construction Issues’.

5. The site layout to be submitted as part of the AMC application required under condition 1 above shall include full details of the location and design of the surface water drainage scheme to be installed within the application site and for the avoidance of doubt the scheme shall comply with the Scottish Environmental Protection Agency's (SEPA) principles of Sustainable Urban Drainage Systems (SUDS).

6. In relation to the glazing specification and its acoustic capabilities as required by in condition 1 a) this is required to ensure that occupiers of the development are protected from road traffic noise from the A71 Calder Road and Broomhouse Road.

It is expected the development will be designed in accordance with BS8233:1999 'Sound Insulation and Noise Reduction for Buildings - Code of Practice' to attain the following internal noise levels:

Development Management Sub Committee – Wednesday 23 October 2013 Page 16 of 30 Bedrooms - 30dB LAeq, T and 45dB LAfmax Living Rooms - 30 dB LAeq, D

T - Night-time 8 hours between 2300 - 0700 D - Daytime 16 hours between 0700 - 2300

7. Details of building design and landscape required by condition 1 must comply with Advice Note 3 ‘Potential Bird Hazards from Amenity Landscaping & Building Design’ (available at www.aoa.org.uk/publications/safeguarding.asp ).

Statutory Development Plan Provision The development plan is the South East Scotland Strategic Development Plan - SESPlan and the adopted Edinburgh City Local Plan (ECLP). Also relevant is the Draft North Sighthill Development Brief prepared in 2007.

Date registered 12 August 2013

Drawing numbers/Scheme 01, 04A, 07 and 08,

Scheme 1

David R. Leslie Acting Head of Planning and Building Standards

Development Management Sub Committee – Wednesday 23 October 2013 Page 17 of 30

Links - Policies

Relevant Policies:

Relevant policies of the Edinburgh City Local Plan.

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

Policy Des 2 (Co-ordinated Development) establishes a presumption against proposals which might compromise the effective development of adjacent land or the wider area.

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

Policy Des 4 (Layout Design) sets criteria for assessing layout design.

Policy Des 5 (External Spaces) sets criteria for assessing landscape design and external space elements of development.

Policy Des 6 (Sustainable Design & Construction) sets criteria for assessing the sustainable design and construction elements of development.

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

Policy Env 16 (Species) sets out species protection requirements for new development.

Policy Env 17 (Flood Protection) sets criteria for assessing the impact of development on flood protection.

Policy Env 18 (Air, Water and Soil Quality) sets criteria for assessing the impact of development on air, water and soil quality.

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

Policy Os 3 (Open Space in New Development) sets out requirements for the provision of open space in new development.

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

Policy Hou 2 (Housing Mix) requires the provision of a mix of house types and sizes in new housing developments.

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

Policy Hou 4 (Density) sets out the factors to be taken into account in assessing density levels in new development.

Policy Hou 7 (Affordable Housing) requires 25% affordable housing provision in residential development of twelve or more units.

Policy Com1 (Community Facilities) sets requirements for the provision of community facilities associated with large scale residential development, and the protection of existing community facilities.

Policy Com2 (School Contributions) sets the requirements for school contributions associated with new housing development.

Policy Tra 1 (Major Travel Generating Development) supports major travel generating development in the Central Area, and sets criteria for assessing major travel generating development elsewhere.

Policy Tra 2 (Planning Conditions and Agreements) requires, where appropriate, transport related conditions and/or planning agreements for major development likely to give rise to additional journeys.

Policy Tra 3m (Tram Contributions) requires contributions from developers towards the cost of tram works where the proposed tram network will help address the transport impacts of a development.

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

Policy Tra 5 (Private Cycle Parking) requires cycle parking provision in accordance with levels set out in supplementary guidance.

Policy Tra 6 (Design of Off-Street Car and Cycle Parking) sets criteria for assessing design of off-street car and cycle parking.

Other Relevant policy guidance

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

Non-statutory guidelines on Developer Contributions and Affordable Housing gives guidance on the situations where developers will be required to provide affordable housing and/or will be required to make financial or other contributions towards the cost of, providing new facilities for schools, transport improvements, the tram project, public realm improvements and open space.

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

Development Management Sub Committee – Wednesday 23 October 2013 Page 19 of 30 Non-statutory guidelines on 'MOVEMENT AND DEVELOPMENT' establish design criteria for road and parking layouts.

Development Management Sub Committee – Wednesday 23 October 2013 Page 20 of 30 Appendix 1

Consultations

Edinburgh Urban Design Panel 24/02/2010

1 Introduction

1.1 This report relates to a masterplan for housing at North Sighthill.

1.2 The brief, which is part of a wider Council project to deliver 1300 new homes in 3 sites across the city for the project envisages 300 new dwellings at North Sighthill. Half of the new homes will be affordable and the other half for market sale. It is intended that both the affordable and market housing will deliver 40% family housing. The project objective is to secure planning permission in principle for a residential masterplan with associated community facilities.

1.3 This is the first time that the proposals have been reviewed.

1.4 No declarations of interest were made by any panel members in relation to this scheme.

1.5 This report should be read in conjunction with the pre meeting papers which provide an overview, context, concept, plans, sections and 3D visualisations of the scheme.

1.6 This report is the view of the Panel and is not attributable to any one individual. The report does not prejudice any of the organisations who are represented at the panel forming a differing view about the proposals at a later stage.

2 The Panel’s views on the proposals

2.1 The panel welcomes the approach taken to the design of the masterplan thus far. In making the masterplan a success there are a number of matters which should be further considered.

2.2 The relationship between the housing and Calder Road needs to be such that that the dwellings are not unduly affected by the noise and pollution from the road. The position of the buildings and the built form may have an effect on this. The design should ensure that an attractive frontage to Calder Road is possible. There may be visual advantages to additional tree and shrub planting. The implications for the relationship of building lines to similar distributor roads within the city may be also worthy of consideration.

Development Management Sub Committee – Wednesday 23 October 2013 Page 21 of 30 2.3 The masterplan should seek to create a clear hierarchy of streets and spaces. The North / South streets are likely to benefit from dramatic views and in maximising these views, the streets may benefit from having different proportions and planting than the street running East / West for example. The Panel is concerned that with regard to the design of streets, the master planners are unable to explore the possibility of home- zones.

2.4 It is recognised that the recommendation to create a hierarchy of streets and spaces is made difficult by the requirement for car parking. This is having the effect of creating relatively wide streets which will have similar proportions throughout the site. The numbers of car parking spaces appear over generous and are damaging to the potential character of the development. If it was possible to reduce the requirement it may be possible to more easily achieve a hierarchy and a sense of place. The Panel is supportive of a reconsideration of the Parking Standards for this site particularly given the proximity of the bus route.

2.5 The success of a public space within the scheme will be dependent on the uses within and around it, its location and the buildings which spatially define it. In determining whether the central square as currently envisaged is the most suitable location it would be useful to look at other options – for example positioning it adjacent to the health centre. The advantages of alternative approaches could then be compared against those of its current location.

2.6 In doing this, the potential for introducing some use or uses in and or around it should be examined. If positioned next to the health centre it may be possible to locate community facilities in the buildings adjacent to it. The feasibility of different uses needs to be taken into account. While the in the central location a small shop may seem appropriate from an urban design perspective, the likely level of patronage may not be sufficient to sustain it commercially. The possibility of a house unit designed to be converted, in whole or in part, to retail within the main square in the event that there is demand eventually should be explored. Initially it is suggest that any small scale retail should be on the Western edge of the site. If a play area for young children is proposed, it will be very important to create a high degree of passive surveillance to mitigate any potential problems with antisocial behaviour.

2.7 If it is decided that the square’s current location has the greatest benefits then further spatial enclosure of it should be considered in order to more clearly define it and support the hierarchy of streets and spaces that is recommended.

2.8 The design should ensure that courtyard spaces and gardens benefit from sunshine.

2.9 The management of public spaces, courtyards and gardens needs to be considered to ensure that the quality of the spaces can be maintained.

2.10 The impact of users of neighbouring buildings (such as Napier) using the car parking provided within the site should be considered in the masterplan.

2.11 It was noted that the design of perpendicular car parking has advantages in reducing vehicular crime in comparison with parallel parking.

Development Management Sub Committee – Wednesday 23 October 2013 Page 22 of 30 2.12 It is important that the affordable housing is as far as possible made indistinguishable from the market housing. The Drum in Bo’ness is an example which appears “tenure blind”.

2.13 The masterplan should take account of the potential for change in the area. For example the masterplan should allow for the redevelopment and integration of the fire station or health centre sites if these were to be moved elsewhere. Similarly, Napier University’s estate’s strategy for North Sighthill should be taken cognisance of.

2.14 In summary the Panel supports the direction that has been taken with the design of the masterplan for what is clearly a challenging site and brief. It will be important to address the issues raised in this report – particularly those relating to the design of streets and car parking.

3 Other matters

3.1 It is recommended that the Council considers the scope of briefs for developments of this nature. It should attempt where possible to take account of opportunities in adjacent sites to ensure that future development of the wider can happen in a cohesive manner.

3.2 The Panel suggests that the urban design impact of the parking standards and the moratorium on home-zones should be reviewed by the Council.

3.3 The Panel requests an opportunity to find out about the Council’s affordable housing policy, to discuss it, understand what effect it might be having on the fabric of the city and consider whether it may be appropriate for the Panel to input into any process of refinement.

Sighthill, Broomhouse + Parkhead Community Council comment 15/08/2013

We have concerns regarding health and education provision along with traffic management arrangements and the provision of a community centre.

Sighthill Health Centre is currently working at close to capacity and Whin Park is refusing to register any new patients. There is also a lot of upheaval with the opening of the new Health Centre at Wester Hailes along with the relocation of a lot of different services with the associated closure of Springwell House. How the addition of the residents of these planned properties is as yet unknown and careful consideration of how this development will impact on the health needs for those moving into the properties as well as those already receiving these services needs to be identified and appropriate plans put into place to deal with it.

Development Management Sub Committee – Wednesday 23 October 2013 Page 23 of 30 Murrayburn Primary school is once again this year oversubscribed, with catchment children even having difficulty in securing a place. There has also just been planning permission granted for 80+ homes at the Oaklands site in Broomhouse which will also have an impact on school numbers. We have also been advised of a large housing development around Kirkliston, as well as the recent large development around Ratho which both come under the catchment area for Catholic provision of St Josephs and St Augustine’s, both of which are full and, with the recent changes to housing benefit (the so called 'bedroom tax'), family sized homes will now really have to mean family homes, and we are concerned regarding education provision and capacity, so we require an updated report from Children & Families on what impact the redevelopment of North Sighthill will have and what their contingency plans will be to deal with it.

With regard to traffic, we still have no junction installed on Calder Road at Sighthill Bank, despite the Council already having some funds secured from Napier University from a S75 agreement. This junction is vital for traffic accessing and regressing from the new development, particularly as the plans remove the current through route to Broomhouse Road. We were previously informed that a S75 agreement was not possible for this as it would be one Council department securing funds from another, but a legally binding agreement was secured for recovering the tram contribution which is between Council departments therefore, if it’s possible for the tram contribution then it is certainly possible to secure funding for installing the new junction, with the main benefit being the introduction of a surface crossing on Calder Road, something which the community, the local Councillors, the local MSP and the Council have all recognised is needed, more so with the new occupants of the redevelopment needing to cross Calder Road to access shops, buses, etc. Given the number of vehicle movements that will be required to build the proposed development, we would ask the this new junction is created BEFORE work starts on the development, as its completion would mean shorter journeys from vehicles accessing and egressing Sighthill Bank as well as providing a safe crossing point for pedestrians trying to cross Sighthill Bank with the increase in traffic due to the development.

Finally, we still wish to register of objection to the siting of the Community Centre. We firmly believe that this should be sited as close to the centre of the Community it will serve as possible, which is as close to the junction of Broomhouse Road/Calder Rd as possible and therefore we require this to be reconsidered.

We would also like state that while we still support the principle of redeveloping the site, there have been a number of factors which have changed since planning permission was first granted, and just giving an automatic renewal of that permission would, we suggest, be irresponsible and that looking at the surrounding changes and how that will impact on the community along with the redevelopment would be the prudent and sensible approach and it would allow us to be reassured that traffic/transport needs as well as education provision were known to the relevant departments and that solutions to deal with these issues were being progressed alongside the redevelopment, so we don't have a situation where North Sighthill is completed, issues surrounding school places becomes apparent and only then are solutions sought. Much better to do this as the building works are on-going, not once they are finished.

Development Management Sub Committee – Wednesday 23 October 2013 Page 24 of 30 As a community council, we have seen occasions over the years were the Council allows something to happen without looking at the ancillary effects that this will have. When these effects are realised, plans to deal with them are then put in place to resolve them but it means that the community is left affected until these new measures are implemented. It is surely much better for everyone concerned to adopt a more holistic approach where the potential effects of a development on a number of factors within the local community should be taken so that the completion of the development complements the community in which it now resides.

Edinburgh Airport comment 16/08/2013

We have no objection to this proposal provided that the comments in our previous consultation response (dated 20/05/10) will apply to any future consent.

Archaeology comment 17/08/2013

The proposed site has been severely affected by modern developed and it is considered unlikely that significant sub surface archaeological remains will survive. Accordingly I have concluded that there are no known archaeological implications upon this development.

Environmental Assessment comment 19/08/2013

The proposal is to redevelop an area of council housing estate into a new site for affordable housing and a mixed use community centre. There are a number of areas which this department wish to comment on and recommend conditions to ensure that the new layout and design of buildings adequately protects residential amenity. The road traffic noise from the A71 Calder Road and Broomhouse Road should be taken into account when designing the residential apartments. Therefore, an assessment will be required at the detailed stage of the application to ensure that internal noise levels within the proposed residential properties comply with the BS8233 (good levels).

The outline plans show a proposed mixed use retail area at the west edge of the development site. Although this mixed use unit may not be constructed until later in the development timetable it is recommended that conditions are attached to ensure that noise from plant and deliveries does not affect nearby residential amenity. The exact details shall be resolved at the approval of matters in conditions (AMC) stage. Furthermore as the development site is to be cleared of the existing buildings and demolition work is required, a contaminated land report was provided by the developer. This report has been reviewed by a member of the Environmental Assessment team and all necessary remediation work can be undertaken as required. Therefore the standard contaminated land condition is recommended.

Development Management Sub Committee – Wednesday 23 October 2013 Page 25 of 30 Environmental Assessment also suggests that the developer considers implementing measures to help mitigate against possible air quality impacts associated with the development. Although the total number of housing units will decrease from what is presently on the site (451 down to around 300) the new type of housing proposed will add a limited number of additional car parking spaces. In order to encourage residents to use zero emission electric vehicles, and therefore help improve air quality throughout Edinburgh, the provision of electric vehicle charging points should be considered by the council. This could be provided by a weather proof plug point at each driveway or internally within a garage if provided so that occupiers can recharge an electric car at their property. Furthermore the development of a “Green Travel Plan” to help promote the sustainable personal transport needs of residents living on this development would be supported by this department.

Therefore Environmental Assessment has no objections to this proposed development subject to the following conditions:

1) Prior to the commencement of construction works on site:

(a) A site survey (including intrusive investigation where necessary) must be carried out to establish to the satisfaction of the Head of Planning, either that the level of risk posed to human health and the wider environment by contaminants in, on or under the land is acceptable, or that remedial and/or protective measures could be undertaken to bring the risks to an acceptable level in relation to the development; and

(b) Where necessary, a detailed schedule of any remedial and/or protective measures, including their programming, must be submitted to and approved in writing by the Head of Planning.

Any required remedial and/or protective measures shall be implemented in accordance with the approved schedule and documentary evidence to certify those works shall be provided to the satisfaction of the Head of Planning.

2) Development shall not commence until a scheme for protecting the occupiers of the residential units hereby consented from A71 Calder Road and Broomhouse Road noise has been submitted to and approved in writing by the Head of Planning; all works which form part of the approved scheme shall be completed to the satisfaction of the Head of Planning, before any part of the development is occupied.

Mixed Use Community Centre

3) The design and installation of any plant machinery or equipment shall be such that any associated noise complies with NR25 when measured within any nearby living apartment, and no structure borne vibration is perceptible within any nearby living apartment.

4) The sound insulation properties or sound transmission characteristics of the structures and finishes shall be such that no impact or airborne noise from the normal operations within the application premises is audible in any neighbouring living apartment.

5) Deliveries and collections, including waste collections, to be restricted to 07.00 – 19.00 hours, Monday to Sunday.

Development Management Sub Committee – Wednesday 23 October 2013 Page 26 of 30 Other Issues

6) The design, installation and operation of any proposed substations shall be such that any associated noise complies with NR20 when measured within any nearby living apartment with the windows open.

Should you wish to discuss the above, please do not hesitate to contact me on 0131 469 5739.

Addendum

As stated above, Environmental Assessment has no objections to the approval of the application subject to the recommended conditions being attached to any consent.

NB. However, should all of the above conditions not be applied to any consent, Environmental Assessment will require to review the recommendation. In such event, it is imperative that this is notified immediately to the Environmental Assessment case officer.

SEPA comment 28/08/2013

We have no objection to this planning application. Please note the advice provided below.

Advice for the planning authority

1. Previous advice.

1.1 We provided advice on the original application (your reference 10/00953/PPP, our reference PCS/107259) on 7 May 2007 with comments on Controlled Activities Regulations (CAR) and Sustainable Urban Drainage.

1.2 If the drainage arrangements are the same as those for the 2010 application we have nothing further to add.

Bridges + Flood Prevention comment 30/08/2013

Surface Water Management Plan

The surface water management plan should deal with flood risk from surface water, ensuring that flood risk elsewhere is not made worse by runoff from the development. The main elements of the surface water management plan should be analysed up to the 1;200yr (0.5%AEP) event with an allowance for climate change and include as follows:

Discharge Point

1. Discharge point(s) for the drainage system must be identified, and the approval in principle from the owner, or Scottish Water in the case of a sewer, for the discharge to that point must be demonstrated.

2. If the drainage system discharges to a watercourse, directly or indirectly, it must be served by SUDS in accordance with the SUDS manual, and SUDS for roads where

Development Management Sub Committee – Wednesday 23 October 2013 Page 27 of 30 applicable. The treatment methods must be approved by SEPA. Maximum discharge rates should not exceed 4.5l/s/ha or the 2yr greenfield rate, whichever is the lower. Attenuation volume must be designed for the full capacity of the drainage system. Flow Paths

1. Surface water should be dealt with by analysing the existing and proposed flow paths and depths for surface water runoff. This should include runoff from outwith the site, from unpaved areas within the site, and from paved areas in events which exceed the capacity of the drainage system.

2. New buildings in the development must not be at risk of flooding as a result of these flow paths and depths

3. Where runoff from the site could increase flood risk elsewhere, the increased runoff from paved surfaces, relative to greenfield runoff, (up to the 1;200yr event) should be attenuated on site.

4. If the development alters existing flow paths in a way which increases flood risk to existing property, additional attenuation or other measures may be required.

SUDS Maintenance

1. Details of the organisation taking on the responsibility of the proposed SUDS (including underground attenuation tanks), the size of SUDS retention ponds along with GIS co-ordinates is required.

It is recognised that small, restricted sites may require some relaxation in respect of attenuation volumes on site.

Information should be supplied in a report detailing proposed mitigation measures with supporting and appropriate drawings and calculations. Print outs from InfoWorks solely is not considered as a sufficient report.

Drainage issues cannot be left as a condition on an FUL or AMC application, since it can have significant impacts on finished floor levels, property locations, location of paths and other hard landscaping aspects. This information is required prior to this department’s determination.

Affordable Housing comment 04/09/2013

The original application for planning permission in principle (Ref: 10/00953/PPP) proposed to replace existing properties and the previously demolished multi-storey blocks with a mixed size, mixed tenure development with a range of house types and sizes. The policy requirement of 25% affordable housing provision was exceeded, with a commitment to around 30% comprising social rented homes and a further 20% comprising a mix of other approved affordable tenures.

Therefore, this department maintains its position in terms of supporting this application which will provide affordable housing in excess of policy requirements.

Development Management Sub Committee – Wednesday 23 October 2013 Page 28 of 30 Children + Families comment 11/09/2013

We refer to your e-mail dated 11 September 2013 requesting comments on educational provision for the above noted development. This seeks renewal of an earlier planning application (10/00953/PPP) on which we provided comments in June 2010.

We advised that the proposed development of 320 dwellings will replace a former development of over 450 dwellings and in assessing the proposal it is net change that taken into account when considering the need for developer contributions. The reduction in numbers is partly offset by part provision of houses with potentially higher pupil generation but the overall change is expected to low.

This site is located within the catchment areas of:

• Broomhouse Primary School; • St Joseph’s RC Primary School; • Forrester High School; and • St Augustine’s RC High School.

There is currently spare capacity at the affected catchment schools, although with the publication of the Edinburgh Local Development Plan it is proposed that extra capacity is provided at Forrester High School to cope with longer term housing development. Work is ongoing looking at possible funding arrangement but at the current time the existing developer contributions policy still applies. On this basis, and given that proposal is essentially a replacement of former housing, we have no objection to the proposal.

Development Management Sub Committee – Wednesday 23 October 2013 Page 29 of 30

Location Plan

© Crown Copyright and database right 2013. All rights reserved. Ordnance Survey License number 100023420 END

Development Management Sub Committee – Wednesday 23 October 2013 Page 30 of 30 Development Management Sub- Committee of the Planning Committee name

Wednesday, 23rd October 2013

Confirmation of Tree Preservation Order No. 171. (179 Clermiston Road & 7 Fox Covert Grove.

Edinburgh)

Item number Report number Wards Drum Brae/Gyle

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Coalition pledges Council outcomes CO19 Single Outcome Agreement SO2 SO4

David Leslie Acting Head of Planning and Building Standards

Contact: Steven Milne, Planning Officer E-mail: [email protected] | Tel: 0131 529 3531

Executive summary

Confirmation of Tree Preservation Order No. 171. (179 Clermiston Road & 7 Fox Covert Grove, Edinburgh) Summary

 Tree Preservation Order No. 171 (179 Clermiston Road & 7 Fox Covert Grove, Edinburgh) was made under delegated powers on 02 May 2013  The order protected three oak trees but one tree was felled just before the order could be made  The two remaining trees are a prominent landscape feature, contribute to character and attractiveness of the locality and are of cultural and historic interest  The tree preservation order provides temporary protection to the trees in question but the order needs to be confirmed by the Committee to become permanent Recommendations

It is recommended that the Planning Committee:  confirm Tree Preservation Order No 171 as modified to exclude the one tree which was felled Financial impact

There are no financial implications for the Council. Equalities impact

The Tree Preservation Order Confirmation has no impact in terms of equalities or human rights. Sustainability impact

The Tree Preservation Order Confirmation is not subject to the Edinburgh Standards for Sustainable Buildings.

Committee name – Date 23 October 2013 Page 2 of 6 Consultation and engagement

When the tree preservation order was made it was advertised in accordance with Regulation in the Scotsman newspaper which provided 28 days in which to make representations. No representation were received

Background reading / external references

None

Committee name – Date 23 October 2013 Page 3 of 6 port

Confirmation of Tree Preservation Order No. 171. (179 Clermiston Road & 7 Fox Covert Grove, Edinburgh)

1. Background

1.1 The trees in question consisted of two mature oak trees in the garden of 179 Clermiston Road and one mature oak tree in the garden of 7 Fox Covert Grove. The TPO map is included at Appendix 1. The trees are locally prominent and contribute to character and attractiveness of the locality. The trees are also of historic and cultural value as they are the remnants of an avenue of oak trees which led down Oak Lane to Buttercup Farm.

1.2 A request for the making of a tree preservation order was received from two local residents on the basis that they considered the trees might be under threat from development for a house extension.

1.3 The trees were assessed and in view of their value, a tree preservation order to protect the trees in question was made by the Acting Head of Planning and Building Standards under delegated powers on 2nd May 2013.

2. Main report

2.1 A number of requests for the Council to make a tree preservation order were received by telephone and in writing from occupiers of properties neighbouring the trees in question. This included a request from the owner of one of the trees. The concern expressed by the neighbours was that the they had been notified by the owner of two of the trees that they would be removed in order to extend the house under permitted development rights.

2.2 One request was accompanied by information on the trees’ historic and cultural interest as the trees formed the remnants of an historic avenue of oak trees on the driveway to the Clermiston Mains farm which along with the trees date from prior to 1850. The farm was latterly part of The Buttercup Dairy Company.

2.3 An officer visited the site and was spoken to by a number of local residents who indicated support for the retention of the trees. The trees were seen to be of considerable age and contributed to the character and attractiveness of the locality. In addition the cultural and historic value of the trees and their association with the grouping of original buildings and entrance gate to the farm is noted.

Committee name – Date 23 October 2013 Page 4 of 6 2.4 It was not possible to quantify the level of threat to the trees. However, in view of the recognised value of the trees and the local interest in the trees it was considered expedient to make a tree preservation order to prohibit carrying out of tree work trees except with the consent of the Council as planning authority. This allows the Council an opportunity to assess the impact of proposed tree work on amenity.

2.5 A tree preservation order was made by the Head of Planning and Building Standards on 2 May 2013 and was served on all interested parties that day. However, when officers arrived to serve the order it was noted that one of the two trees at 179 Clermiston Road had been felled that day.

2.6 The tree preservation order provides 6 months protection to the trees. Under new Regulations introduced in 2011, the order will expire after 6 months unless confirmed within this period (i.e. before 2 November 2013). Confirmation of the order is required to retain the tree preservation order and provide long term protection to the trees.

2.7 On the making of the tree preservation order and in accordance with regulations, copies of the order were served on all those with an interest in the land, a notice placed in The Scotsman newspaper and a copy of the order left at the local library. Any person then has 28 days to object to the order or make any other representation. No objections or representations have been received.

2.8 The order has been modified to remove the tree which was felled prior to its service.

3. Recommendations

3.1 It is recommended that the Committee confirm Tree Preservation Order No 171 (179 Clermiston Road & 7 Fox Covert Grove, Edinburgh) as modified.

David R Leslie Acting Head of Planning and Building Standards

Committee name – Date 23 October 2013 Page 5 of 6

Committee name – Date 23 October 2013 Page 6 of 6 Development Management Sub Committee

Wednesday 23 October 2013

Application for Planning Permission 13/03003/FUL At 7 Dryden Place, Edinburgh, EH9 1RP Formation of new dormer window to rear elevation; installation of new roof windows into existing pitched roof; replacement of existing bituminous felt flat roof with new warm roof construction.

Item number Report number Wards A15 - Southside/Newington

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Policies and guidance for LPC, CITE6, CITD3, CITD11, OTH, CRPBLA, this application

David R. Leslie Acting Head of Planning and Building Standards

Contact: Lynsey Townsend, Planning Officer E-mail:[email protected] Tel:0131 529 3905

Executive summary

Application for Planning Permission 13/03003/FUL At 7 Dryden Place, Edinburgh, EH9 1RP Formation of new dormer window to rear elevation; installation of new roof windows into existing pitched roof; replacement of existing bituminous felt flat roof with new warm roof construction.

Summary

The proposal is an acceptable scale, form and design that is compatible with the character and appearance of the existing building and the conservation area. The proposal will not result in a harmful loss to neighbouring amenity and will not be detrimental to neighbourhood character. The minor infringement regarding the distance of the dormer from the ridge does not justify refusing planning permission. The proposal accords with planning policy and there are no other material considerations to justify refusal. Recommendations

It is recommended that this application be Granted subject to the details below (in section 3 of the main report). Financial impact

There are no financial implications to the Council. Equalities impact

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

This application is not subject to the sustainability requirements of the Edinburgh Design Guidance. Consultation and engagement

Pre-Application Process

There is no pre-application process history.

Publicity summary of representations and Community Council comments

The application was advertised on 9 August 2013 and a total of nineteen letters of representation were received. Seventeen of these were from neighbouring residents, one was from the Blacket Association all objecting and one was a letter of support.

The main grounds of objection are as follows:-

- the rooflights are out of keeping with the rest of the street;

- proposal will alter the external appearance of the property;

- proposal will deteriorate the character and appearance of the area;

-increase in height of the roof is detrimental to the appearance of the property;

- loss of privacy.

One letter supported the development stating that the proposal will have a minimal affect on the area as it is located to the rear of the building.

A full assessment of the representations can be found in the main report in the Assessment section. Background reading / external references

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

Development Management sub committee – 23 October 2013 Page 3 of 9 Report

Application for Planning Permission 13/03003/FUL At 7 Dryden Place, Edinburgh, EH9 1RP Formation of new dormer window to rear elevation; installation of new roof windows into existing pitched roof; replacement of existing bituminous felt flat roof with new warm roof construction. 1. Background

1.1 Site description

The application site is located on the east side of Dryden Place close to the junction with Blacket Avenue. The application property is a large stone built semi-detached villa set within a row of similar properties. The area is residential in nature.

This property is located within the Blacket Conservation Area.

1.2 Site History

There is no relevant planning history for this site. 2. Main report

2.1 Description Of The Proposal

The application is for the conversion of the attic into living accommodation by the formation of a dormer on the rear elevation and one conservation rooflight to the front and two conservation rooflights on the side elevation. The proposal also involves replacing the cupola rooflight which will match the existing.

The dormer to the rear will measure 1.6 metres wide by 1.4 metres high and will sit 0.1 metres below the ridge of the roof. It will be flat roofed and will have two traditional timber sash and case windows. Materials proposed will be zinc or lead cladding.

The rooflight on the front elevation will measure 1.3 metres by 0.9 metres and the two on the side elevation will measure 0.5 metres by 0.7 metres and 1.3 metres by 0.9 metres. They will be a conservation style.

The existing felt flat roof will be replaced with a new warm roof construction.

2.2 Determining Issues

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

Do the proposals comply with the development plan?

Development Management sub committee – 23 October 2013 Page 4 of 9 If the proposals do comply with the development plan, are there any compelling reasons for not approving them?

If the proposals do not comply with the development plan, are there any compelling reasons for approving them?

2.3 Assessment

To address these determining issues, the Committee needs to consider whether: a) the proposals preserve or enhance the character and appearance of the conservation area; b) the proposed scale, design and materials are acceptable; c) the proposal is detrimental to the amenity of neighbours; d) any impacts on equalities or human rights are acceptable; and e) comments raised have been addressed. a) The Blacket Conservation Area Character Appraisal states that Blacket is an early suburb of detached and semi-detached classically styled Georgian and Victorian villas now enhanced by the maturity of garden and street planting. The gardens, abundant mature planting within private gardens and in communal areas which make a significant contribution to the character of the area.

The area is characterised by similar villas with a number of the properties within the street having added dormers to the front elevations. The appropriate local plan policies and non- statutory guideline encourages development that preserves or enhances the character or appearance of the conservation area. This proposal does not dominate the roof and reflects similar alterations undertaken within the wider area. It is not considered that the proposal will have a detrimental effect on the character or appearance of the conservation area.

The alterations to the existing flat roof which will result in new insulation board being built up and refinished in a bituminous felt system would not constitute development as defined by section 26 of the Town and Country Planning (Scotland) Act 1997 and is therefore not a consideration in the assessment of this planning application. a) Scale, design and materials

The non-statutory Guidance for Householders outlines that generally dormers should be of a size that they do not dominate the form of the roof. A single dormer should not exceed one third of the average roof length and should be a minimum of 500mm clear of the ridge, hip and eaves and 1 metre from the gable. Although the size of the rear dormer complies with the Guideline as it occupies approximately 26% of the roof length, it does not achieve the minimum of 500mm clear of the ridge. However, given the proposed dormer is located on the rear elevation, sits comfortably within the roof plane and is not be highly visible from the public street, it is considered the proposal will not be detrimental to the appearance of the property and a relaxation to the guideline is justified in this instance.

The rooflights are of a conservation style and are of an appropriate size. The only rooflight visible from the street will be that on the front elevation. The size and positioning of this rooflight will sit comfortably within the roofplane and will not detract from the character of the conservation area.

Development Management sub committee – 23 October 2013 Page 5 of 9

The alterations to the existing flat roof which will result in new insulation board being built up and refinished in a bituminous felt system would not constitute development as defined by section 26 of the Town and Country Planning (Scotland) Act 1997 and is therefore not a consideration in the assessment of this planning application. b) Neighbouring amenity

The dormer window will achieve in excess of 9 metres to the rear boundary. This row of properties already has an element of overlooking at the upper level and the introduction of a dormer window will not exacerbate this overlooking. No privacy issues arise from the velux windows. c) Equalities and human rights

This application was assessed in terms of equalities and human rights. No impact was identified. d) Public comments

The material points raised were;

- Velux windows are out of keeping with the rest of the street - addressed in section (a)

- Proposal will alter the external appearance of the property - addressed in section (a)

- Increase in height of the roof is detrimental to the appearance of the property - addressed in section (a)

- Loss of privacy - addressed in section (c)

- Proposal will deteriorate the character and appearance of the area - addressed in section (a)

3. Recommendations

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

Informatives

It should be noted that:

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

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

Development Management sub committee – 23 October 2013 Page 6 of 9 3. As soon as practicable upon the completion of the development of the site, as authorised in the associated grant of permission, a 'Notice of Completion of Development' must be given, in writing to the Council.

Statutory Development Plan Provision Edinburgh City Local Plan - Urban Area.

Date registered 31 July 2013

Drawing numbers/Scheme 01-02,

Scheme 1

David R. Leslie Acting Head of Planning and Building Standards

Development Management sub committee – 23 October 2013 Page 7 of 9

Links - Policies

Relevant Policies:

Relevant policies of the Edinburgh City Local Plan.

Policy Env 6 (Conservation Areas Development ) sets out criteria for assessing development in conservation areas.

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

Policy Des 11 (Alterations and Extensions) sets criteria for assessing alterations and extensions to existing buildings.

Other Relevant policy guidance

The Blacket Conservation Area Character Appraisal emphasises the mix of substantial villas and terraces, the unified architectural form and materials, the sense of spaciousness derived from the generously proportioned gardens and large mature trees, and the predominance of residential uses.

Appendix 1

Consultations

No consultations undertaken.

Location Plan

© Crown Copyright and database right 2013. All rights reserved. Ordnance Survey License number 100023420 END

Development Management sub committee – 23 October 2013 Page 9 of 9 Development Management Sub Committee

Wednesday 23 October 2013

Application for Planning Permission 13/03476/FUL At Land 48 Metres Southwest Of 1 Freelands Farm, Freelands Road, Ratho Erection of two semi-detached dwellings.

Item number Report number Wards A02 - Pentland Hills

Links

Policies and guidance for LPRW, RWE5, RWE6, RWE41, RWE42, RWH3, NSG, this application NSGCGB, NSGD02,

David R. Leslie Acting Head of Planning and Building Standards

Contact: Ruth Bradford, Planning Officer E-mail:[email protected] Tel:0131 529 3464

Executive summary

Application for Planning Permission 13/03476/FUL At Land 48 Metres Southwest Of 1 Freelands Farm, Freelands Road, Ratho Erection of two semi-detached dwellings.

Summary

The proposals do not comply with the development plan and relevant non-statutory guidelines. Recommendations

It is recommended that this application be Refused for the reasons below (in section 3 of the main report). Financial impact

There are no financial implications to the Council. Equalities impact

This application was assessed in terms of equalities and human rights. The impacts are identified in the Assessment section of the main report. Sustainability impact

Consultation and engagement

Pre-Application Process

There is no pre-application process history.

Publicity summary of representations and Community Council comments

The application was advertised on 13 September. Seven representations were received, which made comments in support of the application.

The letters of representation raised the following material issues:

- the land should be considered a brownfield site. - the proposal is an appropriate scale, location and design for the setting - the footprint of the original farm steading would not be increased - there is a requirement for housing in the area.

A full assessment of the representations can be found in the main report in the Assessment section. Background reading / external references

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

Development Management sub committee – 23 October 2013 Page 3 of 12 Report

Application for Planning Permission 13/03476/FUL At Land 48 Metres Southwest Of 1 Freelands Farm, Freelands Road, Ratho Erection of two semi-detached dwellings. 1. Background

1.1 Site description

Freelands Farm is located within the Green Belt, to the north east of the settlement boundary of Ratho.

The application site lies on the southern part of the farm yard. The site originally had a stone building on it. Most recently it was covered by an agricultural shed constructed of concrete block and corrugated metal sheeting. This has now been removed and the site has the remains of one wall and concrete floor of the original building.

There are old steading buildings approximately 10 metres to the north which have been converted into residential units.

All of these buildings are located west of the existing farmhouse.

1.2 Site History

13 November 2002 planning permission granted to convert existing Farm Steading at Freelands Farm into five dwellings (Reference:- 02/03018/FUL). 24 June 2004 planning permission refused to build two houses (semi-detached) (Reference:- 04/01107/FUL). 21 December 2012 planning permission refused for the erection of two semi detached dwellings (Reference:- 12/03870/FUL). 2. Main report

2.1 Description Of The Proposal

The application is to erect two single storey, two bedroomed semi-detached dwellings on the footprint of the agricultural shed, which has now been removed, apart from a low stone wall which formed part of the original building. The properties would have a garage each located between the two dwellinghouses.

The proposed materials are stone with wet-dash render walls, red pantiles and timber windows and rooflights.

Access to the dwellings would be via an existing access off Freelands Road.

Development Management sub committee – 23 October 2013 Page 4 of 12 Supporting Statement:

A planning statement was included with the application. This statement covers:

- the site - the development - national policy - the development plan - a discussion

This document is available to view on the Planning and Building Standards online services.

2.2 Determining Issues

Do the proposals comply with the development plan?

If the proposals do comply with the development plan, are there any compelling reasons for not approving them?

If the proposals do not comply with the development plan, are there any compelling reasons for approving them?

2.3 Assessment

To address these determining issues, the Committee needs to consider whether: a) the principle of development is acceptable; b) the proposal adversely affects the open rural character of the area and its landscape quality; c) neighbouring residential amenity is safeguarded; d) there is any impact on parking or road safety; e) the proposal will have any detrimental impact on equalities and human rights; and f) the representations raise issues to be addressed.

a) Principle of Development

The application is outwith the settlement boundary of Ratho and is located within the green belt. Therefore the principle of the development must be established.

The most recent building on the site has been removed. It was a relatively modern construction consisting of concrete block and corrugated metal sheeting and was built over the footprint of the original stone shed. The only remaining part of the original building is a stone section of the southern wall of the building. The remains of the original building are not substantially intact and cannot be considered to be of any architectural merit or historic value that would support or justify its retention through development into residential use. As only one wall of the original building remains, the application is considered as seeking new residential development in the green belt.

The Rural West Edinburgh Local Plan and the emerging Edinburgh Local Development Plan Policy set out policies for the protection of the green belt. In general, new development is only considered acceptable where it has an operational requirement for

Development Management sub committee – 23 October 2013 Page 5 of 12 a location within the countryside. Rural West Edinburgh Local Plan policy E5 (Development in Green Belt and Countryside Areas) and non-statutory guidance on countryside and green belt development, do make an allowance for appropriate new development where it is demonstrated that development is necessary for the purposes of an accepted rural purpose or where a countryside location is essential.

The applicant has not submitted any supporting information to suggest that the dwellings are required for a use which is appropriate to the rural character of the area or require a countryside location as set out within the policies of the Rural West Edinburgh Local Plan. The granting of planning permission to convert the existing steading buildings to the north of the application site to residential use does not provide justification for this new build residential development within the green belt.

Very little weight can be given to the proposed Edinburgh Local Development Plan as the plan has not been adopted; the representations are still in the process of being analysed and the proposed policies have not been finalised. However, under the current proposed policy ENV10 (Development in the Greenbelt and Countryside) (c) of the emerging local plan, the proposal is not considered to be related to an existing use as the site was last in use as an agricultural shed. The proposal does not involve the replacement of an existing building in the same use.

The proposal therefore does not comply with Policy Env10 of the proposed Edinburgh Local Development Plan.

The previous buildings were for an agricultural use and there is no historic reason to grant planning permission for a residential use in the same location as the agricultural buildings.

Overall, the development is contrary to policy E5 on development in the green belt and countryside areas. The principle of new residential development is not acceptable. b) Character and Landscape Quality

Policy E6 (Design and amenity Criteria for a development in the Green Belt and Countryside) provides design criteria for developments in the green belt where the proposal is acceptable in principle. Although the proposed housing is of a relatively minimal height and is generally of an acceptable design, this does not provide justification for an exception to a development which conflicts with Policy E5 of the Rural West Edinburgh Local Plan.

Similarly, the argument that new housing is required does not provide sufficient justification for two new dwellinghouses in the green belt. Current and emerging local plans identify the objectives of the green belt and direct where development should take place, i.e. within the settlement boundary, where there is land allocated for new residential development.

Representations have argued that the proposed new dwellinghouses would constitute an improvement to the steading. However, they would be an addition to the existing steading which encroaches into the green belt. There would be an adverse visual impact, which would erode the open character of the landscape, contrary to the Council's non-statutory guideline on Development in the countryside and greenbelt. c) Residential Amenity

Development Management sub committee – 23 October 2013 Page 6 of 12

The north facing kitchen/living room windows of the proposed western dwelling would result in a window to window distance of less than 18 metres with the steading to the immediate north.

However, given the tight built character of the steading development, it is unlikely that privacy of the neighbouring properties will be affected. d) Parking and Road Safety

Transport have requested a meeting with the developer to establish whether the application, if approved, would be subject to RCC consideration However, as the proposal is not acceptable in principle, this has not been pursued. e) Equalities and Human Rights

This application was assessed in terms of equalities and human rights. No impact was identified. f) Public Comments

Material representations -

 The land should be considered a brownfield site - this has been addressed in section 2.3a) there is no historic reason to grant planning permission for new housing on the site of an agricultural shed in the green belt;  The proposal is an appropriate scale, location and design for the setting - this has been addressed in section 2.3b);  The foot print of the original farm steading would not be increased - this has been addressed in section 2.3a);  There is a requirement for housing in the area - this has been addressed in section 2.3b).

CONCLUSIONS

In conclusion, the proposals are not acceptable in principle as the proposal is for new residential development in the green belt which is not associated with a countryside use. The proposed development does not constitute an extension or alteration of an existing building. The proposals do not comply with the development plan or relevant non-statutory guidelines.

The proposals are not acceptable.

There are no material considerations which outweigh this conclusion.

Development Management sub committee – 23 October 2013 Page 7 of 12 3. Recommendations

3.1 It is recommended that this application be Refused for the reasons below

3.2 Conditions/reasons Conditions:-

Reasons:-

1. The proposal is not acceptable in principle as it has not been demonstrated that the proposed houses are necessary for the purposes of agriculture, horticulture, forestry, countryside recreation or other uses appropriate in the countryside. The site is not of strategic economic importance and does not lie within the settlement area. The proposal is contrary to Policy E5 of the Rural West Edinburgh Local Plan non-statutory guidance on Development in the countryside and green belt. Other material considerations do not provide a justification for an exception to Policy E5 of the Rural West Edinburgh Local Plan.

2. The proposal would have an adverse visual impact, which would erode the open character of the landscape to the detriment of the rural character and landscape quality of the green belt contrary to the Council’s non statutory guidelines on Development in the countryside and green belt.

Statutory Development Plan Provision The application site is located within green belt covered by the Rural West Edinburgh Local Plan.

Date registered 28 August 2013

Drawing numbers/Scheme 1, 2, 3, 4, 5, 6, 7,

Scheme 1

David R. Leslie Acting Head of Planning and Building Standards

Development Management sub committee – 23 October 2013 Page 8 of 12

Links - Policies

Relevant Policies:

Relevant policies of the Rural West Edinburgh Local Plan.

Policy E5 states that in order to protect the landscape quality, rural character and amenity of the Green Belt and countryside areas, development will be restricted.

Policy E6 states that where acceptable in principle, development proposals in the Green Belt or countryside must meet the criteria which aim to achieve high standards of design and landscaping.

Policy E41 encourages high standards of design for all development and its careful integration with its surroundings in terms of scale, form, siting, alignment and materials. New development should improve energy efficiency and reduce noise pollution.

Policy E42 requires new buildings to make a positive contribution to the overall quality of the environment and the street scene, making provision for high quality landscaping and, where appropriate, new open spaces.

Policy H3 supports the development of housing on infill sites within the built-up areas provided it does not lead to the loss of valuable open space or community facilities, conflict with neighbouring uses or is detrimental to the character and amenity of the area.

Relevant Non-Statutory Guidelines

Non-statutory guidelines DEVELOPMENT IN THE COUNTRYSIDE AND GREEN BELT, provide guidance on development in the Green Belt and Countryside in support of relevant local plan policies.

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

Appendix 1

Consultations

Transport

Transport would be pleased if the application could be continued.

The proposals if approved will increase the development to 7 dwellings. A meeting is requested with the applicants consulting engineer to discuss whether the application if approved will be subject to RCC consideration.

Environmental Assessment

The application proposes to erect two residential properties on the site of a previous barn. Residential properties are situated to the north and north-east. Fields are situated to the south with a garage to the east.

Environmental Assessment has no objections to this proposed development.

Scottish Water

In terms of planning consent, Scottish Water does not object to this planning application. However, please note that any planning approval granted by the Local Authority does not guarantee a connection to our infrastructure. Approval for connection can only be given by Scottish Water when the appropriate application and technical details have been received.

Marchbank Water Treatment Works may have capacity to service this proposed development.

The water network that serves the proposed development may be able to supply the new demand.

The waste water network that serves the proposed development may be able to accommodate the new demand.

Newbridge Wastewater Treatment Works – may have limited capacity to serve this new demand. The Developer should discuss their development directly with Scottish Water.

A totally separate drainage system will be required with the surface water discharging to a suitable outlet. Scottish Water requires a sustainable urban drainage system (SUDS) as detailed in Sewers for Scotland 2 if the system is to be considered for adoption.

Scottish Water’s current minimum level of service for water pressure is 1.0 bar or 10m head at the customer’s boundary internal outlet. Any property which cannot be

Development Management sub committee – 23 October 2013 Page 10 of 12 adequately serviced from the available pressure may require private pumping arrangements installed, subject to compliance with the current water byelaws. If the developer wishes to enquire about Scottish Water’s procedure for checking the water pressure in the area then they should write to the Customer Connections department at the above address.

Please be advised that the nearest public waste water main appears to be approximately 519m from the proposed site. If the connection to public sewer and/or water main requires to be laid through land out-with public ownership, the developer must provide evidence of formal approval from the affected landowner(s). This should be done through a deed of servitude.

Should the developer require information regarding the location of Scottish Water infrastructure they should contact our Property Searches Department, Bullion House, Dundee, DD2 5BB. Tel – 0845 601 8855.

If the developer requires any further assistance or information on our response, please contact me on the above number or alternatively additional information is available on our website: www.scottishwater.co.uk.

Scottish Environment Protection Agency (SEPA)

To assist with streamlining the planning process, we now focus our site specific advice in development management where we can add best value in terms of enabling good development and protecting Scotland's environment. We have therefore provided standing advice applicable to this type of small-scale local development which is available at www.sepa.org.uk/planning.aspx.

However, if you are seeking comment on some site specific issue, such as flood risk, which is not adequately addressed by our standing advice, we would welcome the opportunity to be re-consulted. The reason for consultation should be clearly indicated in the body of the email or letter.

Guidance on How and when to consult SEPA and our Standing advice for small scale local development is available on our website at www.sepa.org.uk/planning.aspx.

Development Management sub committee – 23 October 2013 Page 11 of 12

Location Plan

© Crown Copyright and database right 2013. All rights reserved. Ordnance Survey License number 100023420 END

Development Management sub committee – 23 October 2013 Page 12 of 12

Development Management Sub Committee

Wednesday 23 October 2013

Application for Planning Permission 13/02453/FUL At 302A Gilmerton Road, Edinburgh, EH17 7PR Remove sloping slated roofs and stepped flat roofs and replace with a new sloped slated roof, including dormer window, skylight, projecting balcony and set back french windows.

Item number Report number Wards A16 - Liberton/Gilmerton

Links

Policies and guidance for LPC, CITD11, NSG, NSHOU, this application

David R. Leslie Acting Head of Planning and Building Standards

Contact: Jennifer Zochowska, Planning Officer E-mail:[email protected] Tel:0131 529 3793

Executive summary

Application for Planning Permission 13/02453/FUL At 302A Gilmerton Road, Edinburgh, EH17 7PR Remove sloping slated roofs and stepped flat roofs and replace with a new sloped slated roof, including dormer window, skylight, projecting balcony and set back french windows.

Summary

The scale, form and design of the front and rear sloping roofs and rear balcony features are acceptable and would not adversely affect the amenity of the neighbours. However, the proposed side dormer does not comply with the development plan or the non- statutory guidance. The dormer does not relate well to the existing building in terms of design, form and positioning, and would appear incongruous when viewed from the street resulting in a detrimental impact on the character of the street. Recommendations

It is recommended that this application be mixed decision to part-approve and part- refuse this application subject to the details below (in section 3 of the main report). Financial impact

There are no financial implications to the Council. Equalities impact

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

This application is not subject to the sustainability requirements of the Edinburgh Design Guidance. Consultation and engagement

Pre-Application Process

Pre-application discussions took place on this application.

Publicity summary of representations and Community Council comments

Fifteen letters of representation has been received from neighbouring properties, 14 objecting to the proposals and 1 supporting the proposals in terms of its design. The letters of representation raised the following issues:

Material considerations • the scale and form of the extension •loss of residential amenity •noise from the balcony •balance the row and mirror the other end

Non-material considerations •neighbour notification •ownership of the roof

A full assessment of the representations can be found in the main report in the Assessment section. Background reading / external references

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

Development Management sub committee – Page 3 of 10

Report

Application for Planning Permission 13/02453/FUL At 302A Gilmerton Road, Edinburgh, EH17 7PR Remove sloping slated roofs and stepped flat roofs and replace with a new sloped slated roof, including dormer window, skylight, projecting balcony and set back french windows. 1. Background

1.1 Site description

The site lies on the west side of Gilmerton Road and relates to an upper residential property within an end terraced two storey stone built property. The terrace starts at the junction with Mount Vernon Road. Immediately to the south lies an access road serving garages to the rear of the houses with residential properties beyond. To the north east lies Liberton Golf Course.

1.2 Site History

There is no relevant planning history for this site. 2. Main report

2.1 Description Of The Proposal

The application proposes to create a loft extension by removing the sloping slated roofs and stepped flat roofs and replacing these with a new sloped slated roof with gable features to the front and rear. French windows are also proposed to the front. A flat roofed dormer window is proposed to the side. To the rear, it is proposed to create a projecting balcony and set back French windows.

The proposed materials are slate for the roof and natural stone for the gables.

2.2 Determining Issues

Do the proposals comply with the development plan?

If the proposals do comply with the development plan, are there any compelling reasons for not approving them?

If the proposals do not comply with the development plan, are there any compelling reasons for approving them?

Development Management sub committee – Page 4 of 10

2.3 Assessment

To address these determining issues, the Committee needs to consider whether: a) the proposed scale, design and materials are acceptable; b) the proposal is detrimental to the amenity of neighbours; c) the proposal will provide sufficient amenity for the occupiers of the development; d) the proposals have any equalities or human rights impacts; and e) representations raise issues to be addressed.

a) Scale, form and design

The proposed gable feature to the front and rear of the upper flat mirrors that of the existing gable feature at the other end of the terrace at 282 Gilmerton Road in terms of design and proportions but given the topography it will be at a higher level as the land rises from north to south. The new French windows facing onto Gilmerton Road retain the vertical proportions of the existing windows on the front elevation.

The recessed balcony features to the rear retain the vertical proportions of the windows below. The glazed element is lightweight and therefore the visual impact will not be significant.

The roof form and materials are consistent with the existing property and the surrounding area. Their scale, form and design are acceptable.

The roof on which the dormer is proposed is part of a prominent elevation which form a ' bookend' for this terrace. The dormer is to be located between two existing chimneys and will be highly visible from the street. The visual impact will be significant and the dormer will appear as an uncharacteristic feature in this terrace and the surrounding area.

The dormer does not relate well to the existing building in terms of design, form and positioning as the vertical proportions of the building are an important part of its character and the horizontality of the dormer would appear incongruous when viewed from the street. It is acknowledged that there are dormers on the side roof of 282 Gilmerton Road which are visible from Mount Vernon Road but these are smaller and more in keeping with the proportions and appearance of the property. Whilst there are examples of side dormers located within the neighbourhood, the number of such side dormers is not sufficient as to be a characteristic of the area and as such the proposed dormer would remain incongruous.

The proposed side dormer does not comply with Policy Des 11 as the scale, form and design and positioning is not compatible with the character of the existing building. b) Neighbouring amenity

The front French window will overlook the public road and the rear balcony features will overlook the gardens belonging to the terrace. In terms of residential amenity, the garden ground is currently overlooked by all the properties within the terrace. The proposal will not generate any additional overlooking into neighbouring garden ground.

Development Management sub committee – Page 5 of 10

The proposed side dormer faces onto the private road leading to the playing fields and the garages to the rear. There are existing side windows facing this access road from both properties so the proposal will not generate any additional overlooking.

There is no loss to residential amenity.

Any overshadowing from the proposal is likely to fall on the roof plane of the existing roof or within the applicant’s property. There is no unacceptable overshadowing and loss of daylight.

Residential amenity will be maintained. c) Amenity of occupiers

The existing level of amenity to the occupiers of the house will not be affected by the proposal. d) Equalities or human rights impacts

This application was assessed in terms of equalities and human rights. No impact was identified. An Equality and Rights Impact Assessment Summary is available to view on Planning and Building Standards online services. e) Public comments

Material representations •size and design of proposal – this has been addressed in section 2.3(a) •loss of amenity - this had been addressed in section 2.3 (b)

Non-material representations •ownership -residents have raised concerns over the ownership of the roof space. These issues are covered in their title deeds under separate legislation and are not a planning matter so would not prevent the granting of planning permission. The agent has completed the application form confirming that the applicant and adjoining properties are all owners of the roofspace.

•notification -this was undertaken on 28th June 2013 when the application was received. During the validation and the registering of the application, it became apparent that the proposal was wrongly plotted resulting in the incorrect properties being notified of the application. In addition, the correct land owners were informed of the application. The application was re-validated and the neighbours were renotified on 6 August 2013.

•conversion causing disturbance to existing residents - statutory nuisance provisions contained in the Environmental Protection Act 1990 control construction noise.

Development Management sub committee – Page 6 of 10

3. Recommendations

3.1 It is recommended that this application be mixed decision to part-approve and part-refuse this application subject to the details below

3.2 Conditions/reasons

1. Sample/s of the proposed stone and slate shall be submitted to and approved in writing by the Planning Authority before work commences on site.

2. This permission relates to new sloping roof, front balcony feature and rear balcony features only.

1. In order to enable the planning authority to consider this/these matter/s in detail.

Reason for Refusal:-

1. This refusal relates to side dormer only.

2. The proposal is contrary to Policy Des 11 of the Edinburgh City Local Plan and the Council's Non-Statutory Guidance for Householders as the dormer does not relate well to the existing building in terms of design, form and positioning and would appear as an obtrusive feature to the property which will adversely affect the character and appearance of this end terraced property and surrounding area.

Informatives

It should be noted that:

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

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

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

4. This application relates to a flatted building. This planning permission does not affect the legal rights of any other parties with an interest in the building. In that respect, the permission does not confer the right to carry out the works without appropriate authority.

Development Management sub committee – Page 7 of 10

Statutory Development Plan Provision The site lies within the urban area of Edinburgh City Local Plan.

Date registered 6 August 2013

Drawing numbers/Scheme 1-5,

Scheme 1

David R. Leslie Acting Head of Planning and Building Standards

Development Management sub committee – Page 8 of 10

Links - Policies

Relevant Policies:

Relevant policies of the Edinburgh City Local Plan.

Policy Des 11 (Alterations and Extensions) sets criteria for assessing alterations and extensions to existing buildings.

Relevant Non-Statutory Guidelines

Non-statutory guidelines 'GUIDANCE FOR HOUSEHOLDERS' provides guidance for proposals to alter or extend houses or flats.

Appendix 1

Consultations

No consultations undertaken.

Location Plan

© Crown Copyright and database right 2013. All rights reserved. Ordnance Survey License number 100023420 END

Development Management sub committee – Page 10 of 10 Development Management Sub Committee

Wednesday 23 October 2013

Application for Planning Permission 13/03150/FUL At 112 Greenbank Road, Edinburgh, EH10 5RL Extend house to side and rear, re-instate original chimney and erect flue.

Item number Report number Wards A10 - Meadows/Morningside

Links

Policies and guidance for LPC, CITD11, NSG, NSHOU, this application

David R. Leslie Acting Head of Planning and Building Standards

Contact: David McFarlane, Planning Officer E-mail:[email protected] Tel:0131 529 3512

Executive summary

Application for Planning Permission 13/03150/FUL At 112 Greenbank Road, Edinburgh, EH10 5RL Extend house to side and rear, re-instate original chimney and erect flue.

Summary

The proposal complies with the development plan and is of an acceptable scale and design in terms of its impact on the character of the area. Whilst it does not fully accord with the non-statutory guidance, there will be no identifiable harm to the character of the area. The proposal will not result in unreasonable loss of neighbouring amenity. There are no other material planning considerations. Recommendations

It is recommended that this application be Granted subject to the details below (in section 3 of the main report). Financial impact

There are no financial implications to the Council. Equalities impact

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

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

Pre-Application Process

Pre-application discussions took place on this application.

Publicity summary of representations and Community Council comments

No representations have been received.

Background reading / external references

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

Development Management sub committee – 23 October 2013 Page 3 of 10 Report

Application for Planning Permission 13/03150/FUL At 112 Greenbank Road, Edinburgh, EH10 5RL Extend house to side and rear, re-instate original chimney and erect flue. 1. Background

1.1 Site description

The site is a single storey, semi detached bungalow with garden ground to the front, side and rear located within a residential area of similar house designs. The prevailing architectural form of houses within the area is single storey with hipped slated roofs and stone or rendered walls. Houses lie to the north, south and east of the site, whilst to the rear, there is a thick belt of mature trees.

The Craiglockhart Hills Conservation Area abuts the rear boundary of the site but the application site does not lie within the conservation area.

1.2 Site History

There is no relevant planning history for this site. 2. Main report

2.1 Description Of The Proposal

The proposal is to convert the attic space into habitable accommodation and to extend the property to the side and rear.

The rear element would project approximately 4.8 metres into the rear garden and be 6.6 metres wide, located approximately 2.5 metres off the mutual boundary to the north and 0.9 metres off the boundary to the south.

First floor accommodation is proposed within the roof space and the extension would have a ridge height of approximately 6.1 metres which terminates in a gable.

A flue for a multi fuel stove projects approximately 1.8 metres through the side facing roof plane.

There is a single storey flat roofed side extension which forms part of the rear extension. The proposed materials are the same as the house.

Two rear facing velux roof lights are proposed within the roof of the house. An existing side facing door is to be changed to a window, two existing side facing windows are to be blocked up and one larger side facing window is proposed. All of the windows on the extension either face to the rear (west) or the front (east). A chimney on the side of the house is proposed to be reinstated to the same scale and design as the original.

Development Management sub committee – 23 October 2013 Page 4 of 10

2.2 Determining Issues

Do the proposals comply with the development plan?

If the proposals do comply with the development plan, are there any compelling reasons for not approving them?

If the proposals do not comply with the development plan, are there any compelling reasons for approving them?

2.3 Assessment

To address these determining issues, the Committee needs to consider whether: a) the proposed scale, design and materials are acceptable; b) the proposal is detrimental to the the amenity of neighbours; and c) the proposal has any equalities or human rights impacts; a) Scale,Design and Materials

The proposed extension is subservient to the house and the use of matching materials provide a unifying link between the extension and the house.

The design of the roof of the rear extension does not fully comply with the Council's Guidelines for Householders as the extension terminates in a gable when the main roof of the house is hipped. Whilst this does not accord with the guidelines, the house does feature a small front facing gable and there is an example of a similar approach having been taken on the rear of a detached bungalow to the south of the site. Limited public views of this end gable will be possible and as the ridge of the extension is set down from the ridge of the house an exception to the guidelines is considered justified.

The extension does not occupy an unreasonable amount of rear garden space and adequate amenity ground remains.

The reinstatement of the side chimney replaces a lost feature of the building which will not harm the character of the area. The new stainless steel flue to the rear is similarly acceptable in this location in terms of its visual impact upon the character of the area.

The introduction of two rear facing velux roof lights, alteration to existing side openings and the creation of a new side facing window are all permitted development.

The proposed scale, design and materials are therefore acceptable and do not harm the character of the area. b) Neighbouring Amenity

The proposal is set sufficiently distant from boundaries to preclude any loss of daylight or sunlight to neighbouring properties. The front and rear facing windows will not reduce the privacy of neighbours. New side facing openings on the existing building are permitted development.

Development Management sub committee – 23 October 2013 Page 5 of 10 The reinstatement of the side chimney and the introduction of a new flue to the rear will not harm residential amenity. The use of these structures to dispose of fumes is a matter of consideration for other legislation and an informative advising the applicants of their requirements to comply with the Clean Air Acts is attached.

The proposal will not reduce the amenity of neighbours. c) Equalities and Human Rights Impacts

This application was assessed in terms of equalities and human rights. No impact was identified.

In conclusion, the proposal will not adversely affect the character of the building, the visual amenity of the area or the amenity of neighbours. There are no other material planning considerations.

The application requires a Committee decision as both of the applicants are employees of the Council, one of whom is involved in the planning process, but has taken no part in the processing of the application.

It is recommended that the Committee approves this application.

3. Recommendations

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

Informatives

It should be noted that:

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

2. The development proposal includes a flue. The associated solid fuel stove/burner does not itself require planning permission, however to be lawful for use in Edinburgh it should to be an “exempt appliance” in terms of the Clean Air Act 1993 and the City of Edinburgh Council’s Smoke Control Area Orders. Information and advice on this matter is available at http://www.edinburgh.gov.uk/info/44/air_quality/862/air_quality_in_edinburgh/3 or by contacting Environmental Assessment on 0131 469 5475 / email [email protected]

Development Management sub committee – 23 October 2013 Page 6 of 10

Statutory Development Plan Provision The proposal lies within the Urban Area as identified in the Edinburgh City Local Plan.

Date registered 15 August 2013

Drawing numbers/Scheme 1-3,

Scheme 1

David R. Leslie Acting Head of Planning and Building Standards

Development Management sub committee – 23 October 2013 Page 7 of 10 Links - Policies

Relevant Policies:

Relevant policies of the Edinburgh City Local Plan.

Policy Des 11 (Alterations and Extensions) sets criteria for assessing alterations and extensions to existing buildings.

Relevant Non-Statutory Guidelines

Non-statutory guidelines 'GUIDANCE FOR HOUSEHOLDERS' provides guidance for proposals to alter or extend houses or flats.

Appendix 1

Consultations

Environmental Assessment

Environmental Assessment has no ground to object to the installation of a wood burner under the Town and Country Planning (Scotland) Act. However we recommend that the “FLUE” informative be included in any consent.

Informative for applications with flues (serving solid fuel appliances): The development proposal includes a flue. The associated solid fuel stove/burner does not itself require planning permission, however to be lawful for use in Edinburgh it should to be an “exempt appliance” in terms of the Clean Air Act 1993 and the City of Edinburgh Council’s Smoke Control Area Orders. Information and advice on this matter is available at http://www.edinburgh.gov.uk/info/44/air_quality/862/air_quality_in_edinburgh/3 or by contacting Environmental Assessment on 0131 469 5475 / email [email protected]

Development Management sub committee – 23 October 2013 Page 9 of 10 Location Plan

© Crown Copyright and database right 2013. All rights reserved. Ordnance Survey License number 100023420 END

Development Management sub committee – 23 October 2013 Page 10 of 10 Development Management Sub Committee

Wednesday 23 October 2013

Application for Listed Building Consent 13/02657/LBC At Flat 3, 2 Greenhill Place, Edinburgh New timber sash and case windows, double glazed slimlite low E units to rear dormers and slimlite double glazed units in existing window frame to the front windows

Item number Report number Wards A10 - Meadows/Morningside

Links

Policies and guidance for LPC, CITE4, CITE6, NSG, NSLBCA, this application

Nancy Jamieson Acting Manager of Development Management

Contact: Barbara Stuart, Planning Officer E-mail:[email protected] Tel:0131 529 3927

Executive summary

Application for Listed Building Consent 13/02657/LBC At Flat 3, 2 Greenhill Place, Edinburgh New timber sash and case windows, double glazed slimlite low E units to rear dormers and slimlite double glazed units in existing window frame to the front windows

Summary

The proposal complies with the development plan and non-statutory guidance. There will be no impact on the special architectural and historic interest of the listed building. The character and appearance of the conservation will be preserved. There are no other material planning considerations. Recommendations

It is recommended that this application be Granted subject to the details below (in section 3 of the main report). Financial impact

There are no financial implications to the Council. Equalities impact

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

This application is not subject to the sustainability requirements of the Edinburgh Design Guidance. Consultation and engagement

Pre-Application Process

There is no pre-application process history.

Publicity summary of representations and Community Council comments

The application was advertised on 19 July 2013.

No letters of representation were received.

Background reading / external references

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

Development Management sub committee – 23 October 2013 Page 3 of 8 Report

Application for Listed Building Consent 13/02657/LBC At Flat 3, 2 Greenhill Place, Edinburgh New timber sash and case windows, double glazed slimlite low E units to rear dormers and slimlite double glazed units in existing window frame to the front windows 1. Background

1.1 Site description

The application relates to a category B listed building (listed on 19 March 1993, LB ref: 30522). It is part of a terrace of stone-built two storey villas designed by Robert Reid circa 1875.

This property is located within the Merchiston and Greenhill Conservation Area.

1.2 Site History

There is no relevant planning history for this site. 2. Main report

2.1 Description Of The Proposal

The proposal is to alter the existing windows.

It is proposed to replace the existing timber sash and case window within the two rear dormer windows with new timber sash and case windows fitted with slim double glazing. To the front, slim double glazed units are to be fitted to the existing two windows.

2.2 Determining Issues

Do the proposals preserve the building or its setting or any features of special architectural or historic interest which it possesses? If not, there is a presumption against the granting of consent. For the purposes of this issue, preserve, in relation to the building, means preserve it either in its existing state or subject only to such alterations or extensions as can be carried out without serious detriment to its character.

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

2.3 Assessment

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

Development Management sub committee – 23 October 2013 Page 4 of 8 (a) the proposals impact on the special architectural or historic interest of the listed building; (b) the proposals preserve or enhance the character and appearance of the conservation area; and (c) the proposals have any equalities or human rights impacts. a) Impact on the listed building

The rear dormer windows are not original. The replacement of these windows will not result in the loss of historic fabric. The proposed replacement windows match the existing in terms of materials and style and are therefore acceptable.

To the front, there is no historic glass within the windows which would be affected by the proposals. The installation of slim double glazing is therefore acceptable.

The proposals have no impact on the special architectural or historic interest of the listed building. b) Impact on the Character and Appearance of the Conservation Area

The Merchiston and Greenhill Conservation Area Character Appraisal states that the architectural character of the area is dominated by Victorian villas interspersed with substantial terraces of outstanding quality. The buildings are complemented by the profusion of mature trees, extensive garden settings, stone boundary walls and spacious roads. The villas are in a considerable variety of architectural styles, unified by the use of local building materials.

There is no change to materials or style of the windows; the visual uniformity of the terrace is therefore preserved.

The proposals will preserve the character and appearance of the conservation area. c) Equalities and Human Rights Impacts

The proposals do not raise any equalities or human rights impacts.

Conclusion

To conclude, the proposal complies with the development plan and non-statutory guidance. There will be no impact on the special architectural and historic interest of the listed building. The character and appearance of the conservation will be preserved. There are no other material planning considerations.

The application requires a committee decision as the applicant is a close friend of an officer involved in the statutory planning process.

Development Management sub committee – 23 October 2013 Page 5 of 8 3. Recommendations

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

3.2 Conditions/reasons

1. No conditions are attached to this consent.

Informatives

It should be noted that:

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

Statutory Development Plan Provision The application property is in the Urban Area of the Edinburgh City Local Plan.

Date registered 11 July 2013

Drawing numbers/Scheme 1-3,

Scheme 1

Nancy Jamieson Acting Manager of Development Management

Development Management sub committee – 23 October 2013 Page 6 of 8

Links - Policies

Relevant Policies:

Relevant policies of the Edinburgh City Local Plan.

Policy Env 4 (Listed Buildings – Alterations & Extensions) identifies the circumstances in which alterations and extensions to listed buildings will be permitted.

Policy Env 6 (Conservation Areas Development ) sets out criteria for assessing development in conservation areas.

Relevant Non-Statutory Guidelines

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

Appendix 1

Consultations

No consultations undertaken.

Location Plan

© Crown Copyright and database right 2013. All rights reserved. Ordnance Survey License number 100023420 END

Development Management sub committee – 23 October 2013 Page 8 of 8 Development Management Sub Committee

Wednesday 23 October 2013

Application for Planning Permission 13/02640/FUL At Land 90 Metres West Of 95, Harvesters Way, Edinburgh Proposed redevelopment of longstanding brownfield site with 183 new flatted and housing units.

Item number Report number Wards A02 - Pentland Hills

Links

Policies and guidance for LPC, CITD1, CITD2, CITD3, CITD4, CITD5, CITD6, this application CITD10, CITE8, CITE9, CITE12, CITE16, CITE17, CITE18, CITOS3, CITH1, CITH2, CITH3, CITH4, CITH7, CITH8, CITCO1, CITCO2, CITT2, CITT4, CITT5, CITT6, CITI6, NSG, NSGD02, NSDCAH, NSP, NSMDV,

David R. Leslie Acting Head of Planning and Building Standards

Contact: Andrew Trigger, Planning Officer E-mail:[email protected] Tel:0131 529 3931

Executive summary

Application for Planning Permission 13/02640/FUL At Land 90 Metres West Of 95, Harvesters Way, Edinburgh Proposed redevelopment of longstanding brownfield site with 183 new flatted and housing units.

Summary

The principle of the proposed development accords with the development plan. The scale and design is appropriate and residential amenity will not be adversely affected. The impact on landscape, biodiversity and road safety has been assessed and is considered acceptable. There are no other material considerations that outweigh this conclusion. Recommendations

It is recommended that this application be Granted subject to the details below (in section 3 of the main report). Financial impact

The site is currently owned by City of Edinburgh Council through its Housing Revenue Account (HRA). The Finance and Budget Committee approved the disposal of the site to Places for People in March 2013. The District Valuer has assessed the value of the site for affordable housing at a nil value. It is therefore proposed to dispose of the land for £1. This is best value for the HRA as it will no longer be liable for site maintenance costs and will dispose of land which may otherwise remain vacant due to the difficulties and costs associated with development of the site. In addition, the unrestricted market value of the site, agreed at £376,000 (subject to planning permission for 150 homes), allows the HRA to place a monetary value on the contribution to delivering affordable housing in the city.

Equalities impact

This application was assessed in terms of equalities and human rights. The impacts are identified in the Assessment section of the main report. Sustainability impact

This application meets the sustainability requirements of the Edinburgh Design Guidance.

Consultation and engagement

Pre-Application Process

In line with planning legislation, a Proposal of Application Notice (Reference: 13/00672/PAN) was submitted on 13 March 2013 to the Council as planning authority with a copy provided to Wester Hailes Community Council. Further copies were also provided to the local ward members and the South West Neighbourhood Partnership.

A consultation event was held in Wester Hailes Library on 10 June 2013. The event was attended by approximately 20 people. Issues raised included the relationship with the existing Business Centre and public transport access.

A pre-application report on the proposals was presented to the Committee on 12 June 2013. The Committee requested that educational requirements be taken into account.

The proposals were considered by the Edinburgh Urban Design Panel on 22 May 2013. A full copy of their report is set out in Appendix 1.

A copy of the Pre-Application Consultation report is available to view via Planning and Building Standards online services.

Publicity summary of representations and Community Council comments

The application was advertised on 19 July 2013. One letter of representation has been received, submitted on behalf of the Wester Hailes Business Centre, offering general comments on the application.

Material Issues

* Proximity of dwellings to the business centre; * Proximity of service road to the business centre; * Security; * Parking provision;

Non-Material Issues

* Noise and disruption during construction; * Construction access; Background reading / external references

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

Development Management sub committee – 23 October 2013 Page 3 of 25 Report

Application for Planning Permission 13/02640/FUL At Land 90 Metres West Of 95, Harvesters Way, Edinburgh Proposed redevelopment of longstanding brownfield site with 183 new flatted and housing units. 1. Background

1.1 Site description

The development site is a longstanding gap site which is partially covered by self seeded vegetation and informal footpaths. The site is accessed from Harvester’s Way from both east and west directions.

The northern boundary is delineated by the Harvester’s Way carriageway with the Wester Hailes railway station and Westside Plaza immediately beyond. The eastern boundary is marked by the Greenway cycle route with the Wester Hailes Business Centre located to the north-east. The newly constructed Healthy Living Centre is situated to the west of the site. To the south of the site are established 3 and 4 storey flatted blocks which sit substantially higher than the application site and are fronting Dumbeg Park.

1.2 Site History

15 January 1998 - Wester Hailes Town Centre Planning Brief was approved.

21 August 2003 - planning permission was granted for a leisure development comprising hotel, family leisure complex and indoor/outdoor 5-a-side football with associated car parking (Reference: - 03/00341/FUL). That permission has not been implemented and has now lapsed.

Related Applications

17 March 2011 - planning permission was granted for improvements to the current underpass with the addition of DDA compliant ramp and steps (Reference:- 10/03606/FUL)

16 June 2011 - planning permission was granted for a Healthy Living Centre containing a range of Edinburgh Council services, NHS primary care services and GP practice (Reference:- 10/02091/FUL).

1 February 2013 - planning permission was granted for underpass improvements linking Wester Hailes Healthy Living Centre to Westside Plaza car park. (Reference:- 12/04037/FUL)

Development Management sub committee – 23 October 2013 Page 4 of 25 2. Main report

2.1 Description Of The Proposal

Planning permission is sought for a residential development comprising 183 units with associated parking and landscaping.

The units will be a mix of houses and flats and will be contained within 3 perimeter blocks. All of the houses will be 3-storeys high with pitched roofs and the flatted blocks with all be 4-storeys high with flat roofs with the exception of the south-west corner that will extend to 6-storeys. The buildings will have a brick finish with elements of metal cladding.

The mix of accommodation is as follows:

Affordable Rent

- 3 bedroom houses x 8; - 1 bedroom apartments x 10; - 2 bedroom apartments x 33; - 3 bedroom apartments x 2;

Mid-Market Rent

- 3 bedroom houses x 23; - 1 bedroom apartments x 12; - 2 bedroom apartments x 21;

Shared Equity

- 3 bedroom houses x 9; - 1 bedroom apartments x 16; - 2 bedroom apartments x 42; - 2 bedroom maisonettes x 2; - 3 bedroom maisonettes x 5.

Scheme 1

The main changes from the original submission are as follows:

Reconfiguration of car parking within Phase 3B; Reconfiguration of ground floor units within Phase 3A; and Finish of infill panels;

The following documents have been submitted in support of the application, all of which are available to view via Planning & Building Standards online services:

Design Statement; Access Statement; Sustainability Statement; Noise & Vibration Assessment; Habitat Survey; Tree Survey;

Development Management sub committee – 23 October 2013 Page 5 of 25 Site Investigation Report; Archaeological Written Scheme of Investigation; Surface Water Management Plan, and Transport Statement.

2.2 Determining Issues

Do the proposals comply with the development plan?

If the proposals do comply with the development plan, are there any compelling reasons for not approving them?

If the proposals do not comply with the development plan, are there any compelling reasons for approving them?

2.3 Assessment

To address these determining issues, the Committee needs to consider whether: a) the proposals are acceptable in principle; b) the scale and design of the proposals is acceptable; c) the proposals raise any implications for road or pedestrian safety; d) the proposals are acceptable in terms of landscape and biodiversity; e) the proposals will adversely affect existing residential amenity; f) the proposals afford an acceptable living environment for future residents; g) the proposals are adequate in respect of infrastructure and affordable housing provision; h) the proposals meet the Council's requirements in respect of sustainability; i) the proposals raise any issues in respect of equalities or human rights; j) there are any other material considerations; and k)representations raise issues to be addressed. a) Principle of Development

The application site and the neighbouring HealthyLiving Centre site are identified within the Edinburgh City Local Plan as a development opportunity for mixed use including commercial leisure. The local plan also stipulates that the development of part of the site for housing as an integral component of a mixed use scheme encompassing town centre uses other than retail is also acceptable in principle. With the multi-functional Healthy Living Centre having been delivered on the wider site, the current proposal for housing would result in the overall site being developed for uses supported by the local plan.

Development Management sub committee – 23 October 2013 Page 6 of 25 b) Scale & Design

The proposals involve 3-storey townhouses being flanked by 4-storey flatted blocks with the exception of Block 1, which extends to 6-storeys. The height of the 6-storey element is comparable with the existing housing to the south, which sits substantially higher than the application site. The additional height marks the entrance to the development and also the new area of public realm that is shared with the healthy living centre. The height of the remainder of the development is comparable with existing properties further to the east.

The proposed layout adopts a traditional perimeter block approach that is capable of being extended. The proposals successfully balance building, parking and open space requirements and represent an appropriate level of development.

The proposed architectural treatment is simple but attractive. The principle material is brick, which is durable and easily maintained and in terms of context, takes reference from the recently completed Healthy Living Centre.

Careful attention has been paid to the public realm between the proposed development and the healthy living centre. There will be no car parking in this area to ensure that priority is given to pedestrians. Extensive landscaping, including established hedging will be introduced to provide an attractive environment. Bus stops will be located in this area that will help activate the space and longer term, the serviced site at the northern end of the square could support a small retail/commercial unit that can further contribute to the vibrancy of the square.

In summary, the proposed height is acceptable, the layout is appropriate and the architectural treatment will reflect its context. c) Road & Pedestrian Safety

The level of parking provision proposed complies with the Council’s parking standards. The mix of on-street parking and parking courtyards that will benefit from natural surveillance and landscaping features is a positive feature of the proposals. The applicant is keen to provide City Car Club facilities within the development and this is to be welcome. Given that there is no shortfall in parking, there is no requirement to secure the City Car Club contribution as part of a legal agreement.

A transport statement submitted in support of the application states that the increase in traffic accessing Wester Hailes Road will be approximately 2.2%. The existing road network is sufficient to accommodate this additional increase. Transport raises no objections to the proposals.

The proposed development will restore Harvester’s Way as a through-route and bus operators have indicated a willingness to serve the new development and the adjacent Healthy Living centre. To further enhance transport options, cycle links to the Greenway will be improved with level access and the entrance to Wester Hailes train station will be made more welcoming by the overall site redevelopment and landscaping improvements.

There is a series of unadopted pedestrian routes that have become established across the site, particularly from the south-east of the site towards the underpass to the north.

Development Management sub committee – 23 October 2013 Page 7 of 25 As part of the proposals, a formal path and restoration of the existing steps linking the site directly to Dumbeg Park will be provided.

In summary, parking provision complies with Council guidelines; access to other means of transport will be enhanced and there are no road safety implications. d) Landscape & Biodiversity

The existing site currently accommodates largely self-seeded vegetation, which is quite sparse and relatively unattractive. The proposals will introduce a range of structured greenery including trees, shrubs and mature hedging both to public and private areas. Landscaping will be used to reinforce existing boundary conditions to the south and east of the site. The overall landscaping masterplan is comprehensive and is to be welcome.

There is limited tree cover within the site, which although is in good condition, is mostly semi-mature and are the result of natural regeneration. Their loss will be compensated by significant tree planting across the site and the implementation of a landscape masterplan.

The application site has been surveyed and there is no evidence of any protected species. The extensive greening of the site will help to encourage biodiversity.

In summary, the proposed landscape masterplan will enhance the site and will encourage biodiversity. e) Residential Amenity

The proposed development is wholly residential in nature and is compatible with neighbouring residential properties. The nearest residential properties are located to the south of the site in Dumbeg Park and will not be affected by overshadowing or loss of daylight. Privacy will be protected.

In summary, the proposed development is compatible with residential properties and will not adversely affect amenity. f) Future Living Environment

The proposals include large landscaped communal areas that will be overlooked and will have good access to sunlight. These areas will include play equipment and drying facilities. In addition to the communal areas, the proposed houses will have private, hard landscaped gardens.

There will be sufficient distance between neighbouring windows to prevent any privacy concerns. An assessment has also been undertaken by the applicant to demonstrate that the proposed units will meet the Council’s requirements in respect of daylight.

Environmental Assessment has confirmed that noise and vibration from the railway line will not adversely impact upon the proposed development.

The large majority of the 183 units proposed comply with the Council’s minimum guidelines in respect of minimum floorspace. There are 3 one-bedroom units proposed that will be approximately 48 m2, which is marginally below the guidance figure of 52

Development Management sub committee – 23 October 2013 Page 8 of 25 m2. Given that the units will have access to high quality, semi-private open space; good privacy and the strong urban design that will be created, the non-compliance with guidance is acceptable in this instance.

In summary, there are no concerns over privacy or daylight; there will be good access to amenity space and the level of floorspace is justified in this instance. g) Infrastructure & Affordable Housing

In terms of education infrastructure, Canal View Primary School, St Joseph's RC Primary School, Wester Hailes Education Centre and St Augustine's RC High School have sufficient capacity to facilitate the development. Children & Families raise no objections to the proposals.

The entire proposed development is defined as affordable housing and therefore comfortably exceeds the Council's minimum requirements of 25%. The mix of tenures and property types proposed is supported by Housing & Regeneration.

The impact of the proposal upon the water and waste water network has been considered. Scottish Water does not object to the proposals.

The proposals include the provision of sustainable urban drainage systems (SUDS). Site constraints will prevent the required two levels of treatment in small areas of the site but the affected areas will have one level of treatment. SEPA does not object to the proposals. A surface water management plan has been submitted in support of the application that will meet the requirements for flood prevention.

In summary, existing infrastructure will be able to support the proposed development and the approach to affordable housing is to be welcomed. h) Sustainability

The applicant has submitted a sustainability statement in support of the application.

Essential Criteria Available Achieved

Section 1: Energy Needs 20 20 Section 2: Water conservation 10 10 Section 3: Surface water run off 10 10 Section 4: Recycling 10 10 Section 5: Materials 30 30 Total points 80 80

Development Management sub committee – 23 October 2013 Page 9 of 25 Desirable Elements

In addition the applicants have provided a commitment to further sustainability measures as set out in the desirable elements. Additional measures include City Car Club provision and communal composting facilities.

In summary, the proposal complies with the requirements of Parts A and B of the Edinburgh Standards for Sustainable Buildings. i) Equalities & Human Rights

The proposed development will create an environment where public spaces can be used safely and securely without fear. The proposals will offer a good standard of living with access to transport and public places including green spaces. The proposals will have a positive impact in respect of rights.

A range of living accommodation will be provided that will support different users including young families and the elderly. The site is accessible for people with mobility issues. The proposals are for affordable housing to assist those who cannot access traditional housing markets. The proposals will have a positive impact in respect of equalities.

In summary, the proposals will have a positive impact in respect of equalities and rights. j) Other Material Considerations

The south-east corner of the application site is identified within an area of archaeological interest. Of particular interest is a small quarry in terms of understanding the development of the historic Wester Hailes estate. Given the potential for archaeological remains, it is appropriate to impose a condition requiring a programme of archaeological work in accordance with a written scheme of investigation prior to the commencement of development on the affected area. k) Representations

Material Comments

Proximity of new dwellings to the business centre;

There will be access roads and car parking both to the south and west of the business centre separating it from new residential properties. This should be sufficient distance to prevent any conflict between the two uses.

Proximity of service road to business centre and associated noise;

Any noise generated from the service road will be typical of an urban environment and is unlikely to create undue disturbance.

CCTV coverage of the business centre will be lost;

Whilst direct sight of the business centre may be affected, the proposals will greatly increase natural surveillance and on-site activity and should improve site security.

Development Management sub committee – 23 October 2013 Page 10 of 25

Loss of dedicated parking for the business centre;

The proposals will affect existing parking arrangements but the proposed layout will be able to serve the business centre.

Non-Material Comments

Issues relating to the construction process and arrangements during that period are not controlled through planning legislation and can be addressed as part of the building warrant application.

CONCLUSION

In conclusion, the principle of the proposed development accords with the development plan. The scale and design are appropriate and residential amenity will not be adversely affected. The impact on landscape, biodiversity and road safety has been assessed and is considered acceptable. There are no other material considerations that outweigh this conclusion.

3. Recommendations

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

3.2 Conditions/reasons

1. No development on Phase B shall take place until the applicant has secured the implementation of a programme of archaeological work, in accordance with a written scheme of investigation which has been submitted to and approved in writing by the Head of Planning and Building Standards, having first been agreed by the City Archaeologist.

2. i) Prior to the commencement of construction works on site: a) A site survey (including intrusive investigation where necessary) must be carried out to establish to the satisfaction of the Head of Planning and Building Standards, either that the level of risk posed to human health and the wider environment by contaminants in, on or under the land is acceptable, or that remedial and/or protective measures could be undertaken to bring the risks to an acceptable level in relation to the development; and b) Where necessary, a detailed schedule of any required remedial and /or protective measures, including their programming, must be submitted to and approved in writing by the Head of Planning and Building Standards. ii) Any required remedial and/or protective measures shall be implemented in accordance with the approved schedule and documentary evidence to certify those works shall be provided to the satisfaction of the Head of Planning and Building Standards.

3. The approved landscaping scheme shall be fully implemented within six months of the completion of the development, and thereafter shall be maintained by the applicants and/or their successors to the entire satisfaction of the planning authority;

Development Management sub committee – 23 October 2013 Page 11 of 25 maintenance shall include the replacement of plant stock which fails to survive, for whatever reason, as often as is required to ensure the establishment of the approved landscaping scheme.

4. Notwithstanding the approved drawings, the development information centre, as detailed on drawing number AL(0)240, shall be removed within one month of the completion of the residential development hereby approved.

Reasons:-

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

2. In order to ensure that the site is suitable for redevelopment, given the nature of previous uses/processes on the site.

3. In order to ensure that the approved landscaping works are properly established on site.

4. In order to give due recognition to the temporary nature of the building.

Informatives

It should be noted that:

1. Consent shall not be issued until a suitable legal agreement, including those requiring a financial contribution payable to the City of Edinburgh Council, has been concluded in relation to affordable housing and transport infrastructure.

For the avoidance of doubt, the transport contributions relate to:

* Promotion of Traffic Regulation Orders totalling £3,000; and * Construction of a new footpath and restoration of existing steps to Dumbeg Park.

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

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

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

Statutory Development Plan Provision The application site is identified in the Edinburgh City

Development Management sub committee – 23 October 2013 Page 12 of 25 Local Plan as part of shopping proposal S2, which identifies the site for commercial leisure development or a mixed use scheme including housing and other town centre uses.

Date registered 8 July 2013

Drawing numbers/Scheme 01-02,03a-05a,06-23,24a,25-27,28a,29,30a,31- 40,41a,42-43,

Scheme 2

David R. Leslie Acting Head of Planning and Building Standards

Development Management sub committee – 23 October 2013 Page 13 of 25

Links - Policies

Relevant Policies:

Relevant policies of the Edinburgh City Local Plan.

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

Policy Des 2 (Co-ordinated Development) establishes a presumption against proposals which might compromise the effective development of adjacent land or the wider area.

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

Policy Des 4 (Layout Design) sets criteria for assessing layout design.

Policy Des 5 (External Spaces) sets criteria for assessing landscape design and external space elements of development.

Policy Des 6 (Sustainable Design & Construction) sets criteria for assessing the sustainable design and construction elements of development.

Policy Des 10 (Tall Buildings) sets out criteria for assessing proposals for tall buildings.

Policy Env 8 (Protection of Important Remains) establishes a presumption against development that would adversely affect the site or setting of a Scheduled Ancient Monument or archaeological remains of national importance.

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

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

Policy Env 16 (Species) sets out species protection requirements for new development.

Policy Env 17 (Flood Protection) sets criteria for assessing the impact of development on flood protection.

Policy Env 18 (Air, Water and Soil Quality) sets criteria for assessing the impact of development on air, water and soil quality.

Policy Os 3 (Open Space in New Development) sets out requirements for the provision of open space in new development.

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

Policy Hou 2 (Housing Mix) requires the provision of a mix of house types and sizes in new housing developments.

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

Policy Hou 4 (Density) sets out the factors to be taken into account in assessing density levels in new development.

Policy Hou 7 (Affordable Housing) requires 25% affordable housing provision in residential development of twelve or more units.

Policy Hou 8 (Inappropriate Uses in Residential Areas) establishes a presumption against development which would have an unacceptable effect on the living conditions of nearby residents.

Policy Com1 (Community Facilities) sets requirements for the provision of community facilities associated with large scale residential development, and the protection of existing community facilities.

Policy Com2 (School Contributions) sets the requirements for school contributions associated with new housing development.

Policy Tra 2 (Planning Conditions and Agreements) requires, where appropriate, transport related conditions and/or planning agreements for major development likely to give rise to additional journeys.

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

Policy Tra 5 (Private Cycle Parking) requires cycle parking provision in accordance with levels set out in supplementary guidance.

Policy Tra 6 (Design of Off-Street Car and Cycle Parking) sets criteria for assessing design of off-street car and cycle parking.

Policy Inf 6 (Water & Drainage) sets a presumption against development where the water supply and sewerage is inadequate.

Relevant Non-Statutory Guidelines

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

Non-statutory guidelines on Developer Contributions and Affordable Housing gives guidance on the situations where developers will be required to provide affordable housing and/or will be required to make financial or other contributions towards the cost of, providing new facilities for schools, transport improvements, the tram project, public realm improvements and open space.

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

Development Management sub committee – 23 October 2013 Page 15 of 25

Non-statutory guidelines on 'MOVEMENT AND DEVELOPMENT' establish design criteria for road and parking layouts.

Development Management sub committee – 23 October 2013 Page 16 of 25 Appendix 1

Consultations

Edinburgh Urban Design Panel

The Panel generally welcomes the proposal and the opportunity for review at the early stage in the design process, and on the basis of this early information is supportive of the design approach to date, subject to resolution of a number of detailed points outlined below.

1 Introduction

1.1 The proposal is for a mix of flats and houses totalling 170 units. The units will be 100% affordable provision. A small commercial pod is proposed for the north-west corner of the site. Vehicular access is to be taken from both the east and west of the site off Harvester’s Way. Pedestrian/cycle links are proposed to The Greenway, Dumbeg Park and the railway station.

1.2 The proposal is subject to the planning policies of the Edinburgh City Local Plan. The site is identified in the local plan as Proposal S2 for leisure development. The Proposed Plan, published in March 2013, identifies the site as part of the urban area. The site is also included within the CEC Wester Hailes Town Centre Planning Brief.

1.3 This is the first time that the proposals have been reviewed.

1.4 No declarations of interest were made by any panel members in relation to this scheme.

1.5 This report should be read in conjunction with the pre meeting papers which provide an overview, context, concept, plans, sections and 3D visualisations of the scheme.

1.6 This report is the view of the Panel and is not attributable to any one individual. The report does not prejudice any of the organisations who are represented at the panel forming a differing view about the proposals at a later stage.

2 Principle of Development

2.1 The Panel generally welcomed the scheme, noting the relationship to earlier phases, and the variation in housing types and tenures. They considered that, in view of the varied topography adjacent, some cross-sections would be helpful for clarifying the relationship of the development to its surroundings; in particular, routes to schools and other facilities.

2.2 The Panel commended the public consultation which had been undertaken with local residents.

Development Management sub committee – 23 October 2013 Page 17 of 25

3 Layout

3.1 The Panel commended the proposed perimeter-block layout which defined street frontages and provided secure internal areas. They also supported the concept of a pedestrian square at the interface of the development with the Healthy Living Centre and the underpass link to the north, providing it could be detailed as a primarily pedestrian area with high quality shared surfacing which discouraged all but essential traffic.

3.2 The Panel noted that the existing pedestrian underpass would become a major connection to the north, and welcomed the initiatives to make it more attractive by shortening and upgrading it. Security would be improved if it were overlooked. The proposed commercial unit at the head of the square could assist in this purpose.

3.3 The Panel suggested the consideration of some more pedestrian-friendly uses at ground level to enliven the new public square.

4 Massing and design

4.1 The Panel considered the massing generally acceptable, but had concerns about the inclusion of a 6-storey element on the south side in terms of its overshadowing and overlooking of the courtyard and neighbouring properties. They considered that this would need further investigation to ensure that there was no adverse impact.

4.2 The Panel noted that there was some discrepancy regarding balcony provision between the existing drawings, but accepted that this would be resoled in the final design. They encouraged the provision of balconies as private space for the upper flats, especially the 3-bedroom ones which could be occupied by families.

5 Open Space

5.1 The Panel noted that individual houses had private garden space - essentially a hard-paved patio - with a gate through to the soft landscape area at the rear. The Panel asked whether there should be some larger gardens for those who wished them. They also encouraged the consideration of some part of the communal space being laid out as allotment-style space.

5.2 The Panel supported the inclusion of play areas within the central landscaped spaces. They considered that the landscape treatment of the existing planted area along the southern boundary was also important for security and as context for the scheme.

6 Traffic

6.1 The Panel noted the intention to retain a through route via Harvesters Way for bus and access traffic, but were concerned that it could become a rat-run. They would encourage solutions which restricted access while permitting buses through the central public square section, or otherwise tightened up the layout to make it unattractive as a through route for general traffic.

Development Management sub committee – 23 October 2013 Page 18 of 25 6.2 The possible diversion of the bus route through other streets was discussed, but the Panel’s conclusion was that this was best left through the square to serve the new development and the Healthy Living Centre.

7 Parking

7.1 Parking provision would be to Council standards, but the Panel noted that take up in the first phase was only 62%, with areas currently remote and unsupervised not being used at all. This created problems of on-street parking. They stressed the importance of all areas being secure and overlooked by new development. They appreciated that this could be met by the new parking being located in the internal courtyard, but encouraged careful attention to detailed layout and landscaping to ensure that the amenity of this space was maintained.

7.2 The Panel supported the distribution of secure cycle storage throughout the scheme, rather than centralised at one point, to encourage bike ownership and use.

8 Sustainability

8.1 The Panel encouraged the exploration of sustainable combined heat and power / district heating solutions within the scheme, possibly linked back to the earlier phases.

9 Recommendations

9.1 The Panel generally supported the use, the design concept and layout of the scheme.

9.2 In developing the proposals the Panel suggests that the following matters should be addressed:

* the design of the main square to minimise traffic impact and encourage pedestrian activity

* examining the impact of the 6-storey element

* looking at the house mix to introduce a choice of sizes

* working with the relevant agencies to improve the underpass links to the north

* the landscape detailing of the woodland area to the south

* incorporation of uses within the main square to enliven it and make it more attractive

* downgrade Harvesters Way to make it a less encouraging route for through traffic

* explore sustainable district heating or similar systems

* develop the visual presentation material further including sections and 3D representations.

Transport Planning

I have no objections to the application subject to the following conditions being applied.

Development Management sub committee – 23 October 2013 Page 19 of 25

Prior to the issuing of the consent the developer to enter into a suitable legal agreement to make provision for the following: a) Contribute the sum of £7,000 + VAT towards the provision of a City Car Club car. b) The applicant to apply to the Council to promote Traffic Regulation Orders for the following:

1) City Car Club 2) Waiting and loading restrictions 3) Disabled spaces

The cost of promoting these Orders will be £3,000. c) The applicant will upgrade the existing steps to the south east of the site and construct a new footpath link to Dumbeg Park. The upgrade will include street lighting. The design of this work will be included on the Road Construction Consent submission. (The applicant will invoice the Council for carrying out the construction work that falls immediately outwith the planning application site.)

Archaeology

Historically the site occupied fields associated with the historic late-medieval/early post- medieval farm of Wester Hailes situated to the SE of the site. The 1850’s 1st edition OS map of the site shows a range of enclosed field boundaries, a country road bisecting the western half of the site and a small quarry located across the southern boundary of the site.

Outwith the quarry the above features have little archaeological significance in this case, with the Quarry regarded as being of local archaeological significance. As stated the site of the has been identified as occurring within an area of archaeological significance and accordingly this application must be considered under terms of the Scottish Government’s Scottish Planning Policy (SPP), PAN2/2011 and Scottish Historic Environment Policy (SHEP) and also CEC’s Edinburgh City Local Plan (adopted 2010) policies ENV8 & ENV9. The aim should be to preserve archaeological remains in situ as a first option, but alternatively where this is not possible, archaeological excavation or an appropriate level of recording may be an acceptable alternative.

The layout of the southern most range of housing units would appear to sit directly overly the site of the historic quarry identified on the 1st Edition OS map; a site of local archaeological significance in terms of our understanding of the development of the historic Wester Hailes estate. Given the scale of this feature the proposed development in this location is considered to have an overall low archaeological impact but one that nevertheless requires archaeological mitigation. It is recommended that a targeted programme of archaeological works is undertaken to identify the location and quality of survival of this historic quarry and any associated remains located in the southern part of the site. The results of this evaluation will allow for the production of appropriate more detailed mitigation strategies to be drawn up to ensure the appropriate protection and/or excavation, recording and analysis of any surviving archaeological remains during/prior to development.

Development Management sub committee – 23 October 2013 Page 20 of 25 It is recommended that the above programmes of archaeological work are secured using the following condition;

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

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

Housing & Regeneration

From an affordable housing point of view Services for Communities is very supportive of this development.

The development is being proposed by one of our Preferred Partner housing associations, and will provide much-needed affordable housing across a range of tenures. There is a need for 16,000 new affordable homes in the city over a ten year period, housing those with earnings all the way up to median income level in the city (£36,025) and all points below that. This development proposes an excellent range of house sizes and tenures, and the development has been programmed by Places for People, meaning we may be confident about its prospects for delivery should it receive planning permission.

Services for Communities is supportive of this development proposal.

Children & Families

My comments are based on a residential development of 183 dwellings.

This site is located within the catchment areas of: * Canal View Primary School; * St Joseph’s RC Primary School; * Wester Hailes Education Centre; and * St Augustine’s RC High School.

There is spare capacity at the local catchment schools and no developer contributions are sought at the present time.

I have no objection to the proposal.

Environmental Assessment

The application site is located between the recently completed Health Living Centre and Business Centre with a railway line located to the north and residential to the south.

The applicant has submitted a noise impact assessment in support of the application. This assesses the potential noise and vibration impacts the railway will have on the

Development Management sub committee – 23 October 2013 Page 21 of 25 proposed development. This noise impact assessment concludes that noise and vibration from the railway will not adversely impact the proposed development.

Environmental Assessment offers no objection to this proposal subject to a condition on contaminated land being attached to any consent.

Prior to the commencement of construction works on site:

(a) A site survey (including initial desk study as a minimum) must be carried out to establish to the satisfaction of the Head of Planning, either that the level of risk posed to human health and the wider environment by contaminants in, on or under the land is acceptable, or that remedial and/or protective measures could be undertaken to bring the risks to an acceptable level in relation to the development; and

(b) Where necessary, a detailed schedule of any remedial and/or protective measures, including their programming, must be submitted to and approved in writing by the Head of Planning

Any required remedial and/or protective measures shall be implemented in accordance with the approved schedule and documentary evidence to certify those works shall be provided to the satisfaction of the Head of Planning.

Flood Prevention

I refer to the above application, and confirm that the surface water management plan dated 03 October 2013 has my approval.

I am therefore prepared to recommend that this application meets the requirements for flood prevention.

SEPA

We object to this planning application on the grounds of lack of information regarding surface water drainage. We will remove this objection if the issues detailed in Section 1 below are adequately addressed.

Advice for the planning authority

1. Surface Water Drainage

1.1 The objection could be removed if appropriate information is provided in order to demonstrate that a satisfactory Sustainable Drainage System (SUDS), with no unacceptable adverse impact on the water environment, can be accommodated on site.

1.2 The drawings supplied demonstrate that the levels of treatment required have been considered (2 levels of treatment for roads and car parking and 1 level for roof runoff). However, further information is required on how the surface drainage system meets this requirement and how the filtration tanks provide the required treatment for roof runoff.

1.3 There is a concern also over the fact that only one level of treatment is to be provided for certain roadways in the development. We advise that porous paving only

Development Management sub committee – 23 October 2013 Page 22 of 25 represents two levels when using the geotextile layer between the filter media. We would recommend that this be confirmed and paving marked on drawings that accompany the planning application.

1.4 For runoff water that is not treated through porous surfaces, we require further information on how two levels are being provided which should be explained in terms of the Vt (treatment volume) corresponding to the runoff area.

1.5 We have not considered the water quantity aspect of this scheme. Comments from Scottish Water, where appropriate, the Local Authority Roads Department and the Local Authority Flood Prevention Unit should be sought on the SUDS strategy in terms of water quantity/flooding and adoption issues. Detailed advice for the applicant

2. Surface Water Drainage

2.1 SEPA would also advise the developer to consider the implementation of green roofing as a better ‘at source’ option to addressing the needs of the SUDS triangle (Amenity, Water Quality and Biodiversity).

2.2 The SUDS treatment train should be followed which uses a logical sequence of SUDS facilities in series allowing run-off to pass through several different SUDS before reaching the receiving water body.

2.3 Further guidance on the design of SUDS systems and appropriate levels of treatment can be found in the CIRIA C697 manual entitled The SUDS Manual. Advice can also be found in our Guidance Note Planning advice on sustainable drainage systems (SUDS). Please refer to the SUDS section of our website for details of regulatory requirements for surface water and SUDS.

Further comments dated 29 August 2013

Further to our previous objection to the above application, thank you for providing SEPA additional information by way of your correspondence dated 14 August 2013. We are now in a position to withdraw our objection to this planning application. Please note the advice provided below.

1. Surface water drainage

1.1 The surface water drainage proposal outlined in Drawing Number: J2626-012 Rev B is acceptable to us. However we note that due to site constraints it will not be possible to provide 2 levels of sustainable drainage (SUDS) treatment to small areas of the site. In these areas we note that one level of treatment will be provided. Therefore we are satisfied that all steps possible have been made to ensure that surface water runoff from the proposed development will receive treatment. We therefore withdraw our objection to the proposal.

1.2 Please note, we have not considered the water quantity aspect of this scheme. Comments from Scottish Water, where appropriate, the Local Authority Roads Department and the Local Authority Flood Prevention Unit should be sought on any water quantity issues.

Development Management sub committee – 23 October 2013 Page 23 of 25 Scottish Water

In terms of planning consent, Scottish Water does not object to this planning application. However, please note that any planning approval granted by the Local Authority does not guarantee a connection to our infrastructure. Approval for connection can only be given by Scottish Water when the appropriate application and technical details have been received.

Due to the size of this proposed development it is necessary for Scottish Water to assess the impact this new demand will have on our existing infrastructure. With Any development of 10 or more housing units, or equivalent, there is a requirement to submit a fully completed Development Impact Assessment form. Development Impact Assessment forms can be found at www.scottishwater.co.uk.

The water network that serves the proposed development may be able to supply the new demand.

Glencorse Water Treatment Works - may have limited capacity available for new demand. The Developer should discuss their development directly with Scottish Water.

Water Network - Our initial investigations have highlighted there may be a requirement for the Developer to carry out works on the local network to ensure there is no loss of service to existing customers. The Developer should discuss the implications directly with Scottish Water.

Edinburgh PFI Waste Water Treatment Works may have capacity to service this proposed development.

The waste water network that serves the proposed development may be able to accommodate the new demand.

Wastewater Network - Our initial investigations have highlighted there may be a requirement for the Developer to carry out works on the local network to ensure there is no loss of service to existing customers. The Developer should discuss the implications directly with Scottish Water.

In some circumstances it may be necessary for the Developer to fund works on existing infrastructure to enable their development to connect. Should we become aware of any issues such as flooding, low pressure, etc the Developer will be required to fund works to mitigate the effect of the development on existing customers. Scottish Water can make a contribution to these costs through Reasonable Cost funding rules.

Scottish Water is funded to provide capacity at Water and Waste water Treatment Works for domestic demand. Funding will be allocated to carry out work at treatment works to provide growth in line with the Local Authority priorities. Developers should discuss delivery timescales directly with us.

If this development requires the existing network to be upgraded, to enable connection, the developer will generally meet these costs in advance. Scottish Water can make a contribution to these costs through Reasonable Cost funding rules. Costs can be reimbursed by us through Reasonable Cost funding rules

Development Management sub committee – 23 October 2013 Page 24 of 25 A totally separate drainage system will be required with the surface water discharging to a suitable outlet. Scottish Water requires a sustainable urban drainage system (SUDS) as detailed in Sewers for Scotland 2 if the system is to be considered for adoption.

If the connection to public sewer and/or water main requires to be laid through land out- with public ownership, the developer must provide evidence of formal approval from the affected landowner(s). This should be done through a deed of servitude.

It is possible this proposed development may involve building over or obstruct access to existing Scottish Water infrastructure. On receipt of an application Scottish Water will provide advice that we will require to be implemented by the developer to protect our existing apparatus.

Location Plan

© Crown Copyright and database right 2013. All rights reserved. Ordnance Survey License number 100023420 END

Development Management sub committee – 23 October 2013 Page 25 of 25 Development Management Sub Committee

Wednesday 23 October 2013

Application for Planning Permission 13/02603/FUL At 39 High Street, South Queensferry, To allow the use of a public parking area as a community market with the erection of twelve gazebos on selected days in August, September and December 2013 and weekly through May to September 2014 (as amended to monthly markets).

Item number Report number Wards A01 - Almond

Links

Policies and guidance for LPRW, RWE35, RWH6, RWTRA2, this application

David R. Leslie Acting Head of Planning and Building Standards

Contact: Brian Fleming, Planning Officer E-mail:[email protected] Tel:0131 529 3518

Executive summary

Application for Planning Permission 13/02603/FUL At 39 High Street, South Queensferry, To allow the use of a public parking area as a community market with the erection of twelve gazebos on selected days in August, September and December 2013 and weekly through May to September 2014 (as amended to monthly markets).

Summary

The proposal complies with the development plan and will not adversely affect road safety or neighbouring residential amenity. Recommendations

It is recommended that this application be Granted subject to the details below (in section 3 of the main report). Financial impact

There are no financial implications to the Council. Equalities impact

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

This application is not subject to the sustainability requirements of the Edinburgh Design Guidance. Consultation and engagement

Pre-Application Process

Pre-application discussions took place on this application.

Publicity summary of representations and Community Council comments

The application was advertised on 26 July 2013 and twenty eight letters of objection were received. These included comments from Queensferry and District Community Council. The letters of representation raised the following material issues:

Material objections/concerns

• road/public safety including reduction of the road width restricting the flow of traffic; • loss of parking spaces; • noise; • smell nuisance from foods available at market; • residential amenity; • scale.

Non-material comments

• impact on existing shops; • similar goods sold in shops as proposed in market; • lack of waste/refuse provision.

Queensferry and District Community Council commented that although it was supportive of the concept of a market, it had reservations on the size of the market and the inconvenience that this would cause and suggested alternative sites. The community council also sought clarification on whether a weekly or monthly market was proposed from May to September 2014.

A full assessment of the representations can be found in the main report in the Assessment section.

Background reading / external references

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

Development Management sub committee – 23 October 2013 Page 3 of 12 Report

Application for Planning Permission 13/02603/FUL At 39 High Street, South Queensferry, To allow the use of a public parking area as a community market with the erection of twelve gazebos on selected days in August, September and December 2013 and weekly through May to September 2014 (as amended to monthly markets). 1. Background

1.1 Site description

The application site is an area of car parking located on the north side of South Queensferry High Street opposite the shopping parade at 42-50 High Street. It is positioned between South Queensferry Local Office on its east side and Neilsons Solicitors and Estate Agents to its west and comprises twelve parking spaces. The site has an open outlook to the north over the Firth of Forth and towards the bridges. This property is located within the Queensferry Conservation Area.

1.2 Site History

There is no relevant planning history for this site. 2. Main report

2.1 Description Of The Proposal

It is proposed to utilise the parking spaces for a community market comprising twelve stalls. Initially, the proposal was to be for a limited number of events in 2013 with a monthly market from May to September 2014. However, the timing of the submission and the processing of the application has meant that some of these events have not taken place. The next events proposed are a Christmas market in December 2013 and a monthly market for a trial period in May, June and July 2014 with a view to further monthly markets if successful.

The application will result in the loss of the parking spaces for one day in any one month for a market with Saturday being the likely day between 1100 and 1700 hrs.

No alternative car parking provision has been made.

A market operators licence for one year was granted on 12 September 2013 in respect of the proposal.

Development Management sub committee – 23 October 2013 Page 4 of 12 2.2 Determining Issues

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

Do the proposals comply with the development plan?

If the proposals do comply with the development plan, are there any compelling reasons for not approving them?

If the proposals do not comply with the development plan, are there any compelling reasons for approving them?

2.3 Assessment

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

(a) the principle of the proposal is acceptable in this location; (b) the proposal preserves or enhances the conservation area; (c) the proposals will result in an unreasonable loss of neighbouring amenity; (d) the proposals affect road safety; (e) the proposals have any equalities or human rights impacts; and (f) representations raise issues that require to be addressed. a) Principle

The application site is located within the local centre of South Queensferry in the Rural West Edinburgh Local Plan where policy R5 (In-centre Retail Development) applies.

Policy R5 states that proposals for retail development will be supported on suitable sites in the defined local centre provided they are appropriate in scale and character.

The proposal is for the use of a car parking area on the main street in South Queensferry as a market with twelve stalls. It will not result in a permanent increase in retail floor space and due to the small number of stalls and frequency will not represent a level of retail impact that would affect the local centre. Whilst there are concerns that the proposal will take business away from some retail outlets in the centre, it will bring in more custom than normal to the area and could result in a spin off for the permanent retail outlets.

The proposal will therefore supplement the local centre and due to its size and frequency is appropriate in terms of its scale and character. The proposal is acceptable in principle. b) Conservation Area

The Queensferry Conservation Area Character Appraisal identifes that development along the High Street follows its linear pattern and reflects the curve of the bay. The gentle curve in the street is emphasised especially on its south side by raised pavements and in the almost completely regular building line, broken only by the Town Hall and the Black Castle. On the north or seaward side, the building line is interrupted by wider breaks, nowadays for car parking where early plans indicate gardens, giving

Development Management sub committee – 23 October 2013 Page 5 of 12 an awareness of the lower plane of the beach. These different levels following the coastline, give the High Street a strong ‘sculptural’ character.

Further references include the High Street still has a retail function, and people carry out daily regular activities such as buying newspapers here, although the main supermarket for the town is situated on the site of the former distillery on The Loan. A further layer is added by tourists and day-trippers.

The character and appearance of the conservation area at this location will be transformed for one day a month and will provide a focal point for the residents of South Queensferry, and visitors. The proposal will not have no long term effect on the character and appearance of the conservation area. The proposal will therefore preserve the character and appearance of the conservation area. c) Residential Amenity

Whilst the proposal may be an inconvenience for the nearest residents in East Terrace, the proposal is for a monthly market where the benefit to the local community will outweigh the interests of residential amenity for a short period of time. Notwithstanding this, Environmental Assessment proposes conditions to safeguard residential amenity from noise from the operations of the market and cooking odours. However, informatives are deemed more appropriate than conditions as they can be contolled through the management of the market.

The proposal will not have an adverse effect on neighbouring residential amenity. d) Road Safety

The proposal has a market operators licence. The matter of road safety was addressed in the consideration of the licence application and on that basis Transport has no objections.

The proposal raises no road safety issues. e) Equalities and Human Rights

The proposal raises no equalities or human rights issues. f) Representations

Material Comments

• Road/public safety- issues relating to the reduction of the road width restricting flow of traffic, loss of parking spaces and increase in traffic volumes are addressed in assessment d) above ;

• Residential amenity- issues relating to smell nuisance from foods available at market and noise have been addressed in assessment c) above;

• Scale- issues relating to the scale of the market have been addressed in assessment a) above;

Development Management sub committee – 23 October 2013 Page 6 of 12 Non Material Comments

Non-material points raised, regarding unfair competition, lack of waste/refuge provision and Fire Brigade access are not material to the planning process. However, unfair competition has partly been addressed in assessment a) above.

Community Council Comments- Queensferry and District Community Council concerns regarding the scale of the market, the inconvenience that this would cause are addressed in assessment a) above and the issue of whether a weekly or monthly market is proposed has been clarified. Most of the issues raised relate to the market operators licence application which has been granted.

CONCLUSIONS

In conclusion, the proposal complies with the development plan and the relevant non- statutory guidance, preserves the character and appearance of the conservation area and would not adversely prejudice road safety or residential amenity. There are no material considerations which outweigh this conclusion.

3. Recommendations

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

3.2 Conditions/reasons

1. Permission is granted for a limited period of one year from the date of decision. The use of the land as a market shall therefore cease at that point.

Reasons:-

1. In order to give due recognition to the temporary nature of the proposed development.

Informatives

It should be noted that:

1. Food stalls shall be set up in a location on the site so as to ensure that cooking odours are kept as far away as possible from any nearby residential properties.

2. The hours of the market, including the setting up and dismantling of stalls and equipment, shall be restricted to between the hours of 0900- 2000 hours.

3. All music and vocals, amplified or otherwise, shall be so controlled as to be inaudible within any neighbouring premises.

Development Management sub committee – 23 October 2013 Page 7 of 12 4. The design, installation and operation of any plant, machinery or equipment shall be such that any associated noise complies with NR25 when measured within any nearby living apartment.

Statutory Development Plan Provision The application site is identified as being within the Settlement Boundary of South Queensferry.

It is in the Queensferry Conservation Area.

Date registered 8 July 2013

Drawing numbers/Scheme 01-02,

Scheme 1

David R. Leslie Acting Head of Planning and Building Standards

Development Management sub committee – 23 October 2013 Page 8 of 12

Links - Policies

Relevant Policies:

Relevant policies of the Rural West Edinburgh Local Plan.

Policy E35 states that developments in Conservation Areas will only be permitted where all features which contribute to the special character and appearance of the areas are retained.

Policy H6 says that development which would significantly damage residential amenity will not be permitted in residential areas within the defined settlement boundary.

Policy TRA2 states that proposals will not be permitted where it would have an unacceptable impact on the existing road network; public transport operations; air quality; road safety, residential amenity and walking and cycling

Appendix 1

Consultations

Queensferry and District Community Council

QDCC in principle supports the concept of a local market for the benefit of local businesses. Both the licence and planning applications raise a number of questions that remain unanswered and it is for this reason that I have been asked to place on record QDCC’s views.

The licensing application states that for 50 or less stalls along the High St from Monday to Sunday 10.00 to 20.00 for one year. A market of this size would inevitably cause major inconvenience causing traffic congestion and aside from the normal car parking problems would exasperate the situation. Having met with the applicants Queensferry Ambition representatives HandupMedia, at our request then we were advised that the intention is to have weekend markets only within the car park area. Noting the licence application then a market could be held anytime during the week from 10.00 to 20.00.

The planning application seeks to use the car parking location 39 to 53 High Street for specific periods at weekends in July August September December and then from May 2014 on a monthly basis. The detailed information lodged by Hand up Media submission refers to weekly markets which can be interpreted at anytime in the week.

QDCC seeks clarity as to what is actually being applied for as the licensing and planning applications are contradictory.

QDCC is aware that residents and businesses on the High St who are concerned about the suitability of this location and in particular Health & Safety matters.

QDCC has also raised these concerns with Licensing. I have attached a copy of our letter.

In conclusion QDCC thinks there are alternative better sites but having weighed up the merits has no objection to trying out a market at this location for the three week-ends (or alternative weekends) proposed and for one market in December 2013 as described in the planning application.

Following on then QA should be asked to consult with the South Queensferry businesses and residents about 2014 markets and QA’s plans. QDCC suggests that the planning application should be limited to December 31st 2013.

Development Management sub committee – 23 October 2013 Page 10 of 12 Environmental Assessment

The application proposes to operate a market within the car-park area on the water front which has commercial units located to either side. On the other side of the road there are commercial units at ground floor level with residential above. It has been noted that the market intends operating over three weekends between the hours of 11:00-17:00

The area surrounding the site is very well trafficked but is quieter on Sunday mornings. Thus, it is recommended that the market be conditioned to ensure noisy operations (including setting up of stalls) are restricted by condition to appropriate times.

The applicant has advised that food stalls are proposed to operate on site. Environmental Assessment recommends that the food stalls be set up in a location of the site to ensure that cooking odours are kept as far away from the residential properties as possible. Environmental Assessment recommends a condition which ensures that odours from hot food do not affect any nearby residential properties.

The agent has advised that live acoustic music is likely to be played on site. Environmental Assessment will recommend a condition to ensure that music is inaudible within any nearby residential properties.

Therefore, Environmental Assessment has no objections to this proposed development subject to the following conditions:

1. Hours of operation of the market, including setting up and dismantling of stalls and equipment, are restricted to between the hours of 0900 - 20.00 hours

2. The design, installation and operation of any plant, machinery or equipment shall be such that any associated noise complies with NR25 when measured within any nearby living apartment.

3. All music and vocals, amplified or otherwise, shall be so controlled as to be inaudible within any neighbouring premises.

4. No cooking odours shall be exhausted into any neighbouring residential property.

Transport Planning (superseded response)

Recommend that the application be refused.

The main street is narrow with single vehicle movements at places and narrow footways.

By introducing a community market transport have the following comments. a) Loss of parking (14 spaces) The area is busy on most days of the year with residential vehicles relying on on-street parking the loss of such a number would be detrimental to parking availability for both residents and visitors. b) Pedestrian Movements The proposal will increase footfall movements on a street with narrow footways leading to concerns over pedestrian/driver safety.

Development Management sub committee – 23 October 2013 Page 11 of 12 It should be noted that an occupation permit will be required should planning permission be granted. The local area engineer indicated that the above transport response mirrors their concerns and a permit application would be carefully considered should it be made.

Transport Planning- Updated response

No objections.

The original consultation response recommended refusal of the application. However, an e-mail has been subsequently received from the Council's events team advising that they had a meeting with the organisers and the police where it was concluded that traffic and pedestrian problems could be overcome.

Location Plan

© Crown Copyright and database right 2013. All rights reserved. Ordnance Survey License number 100023420 END

Development Management sub committee – 23 October 2013 Page 12 of 12 Development Management Sub Committee

Wednesday 23 October 2013

Application for Planning Permission 13/02997/FUL At Land 26 Metres South West Of 10, Learmonth Gardens Mews, Edinburgh Erection of detached house with integral garage.

Item number Report number Wards A05 - Inverleith

Links

Policies and guidance for LPC, CITH1, CITD1, CITD3, CITH3, NSG, NSGD02, this application CITE7, CITE12, CITE6, OTH, CRPNEW,

David R. Leslie Acting Head of Planning and Building Standards

Contact: Colin Bryans, Planning Officer E-mail:[email protected] Tel:0131 529 4279

Executive summary

Application for Planning Permission 13/02997/FUL At Land 26 Metres South West Of 10, Learmonth Gardens Mews, Edinburgh Erection of detached house with integral garage.

Summary

The proposal is contrary to Local Plan policies Des 3, Des 1, Hou3, Env 12 and Env 6 and to the Council’s non-statutory Edinburgh Design Guidance. The proposal would result in an incongruous feature and would be detrimental to neighbourhood character and amenity and would likely have a detrimental impact on trees worthy of retention. The proposal does not make adequate provision for garden space to meet the needs of future residents and would have a detrimental impact on the character and appearance of the New Town Conservation Area. There are no material considerations which outweigh this conclusion. Recommendations

It is recommended that this application be Refused for the reasons below (in section 3 of the main report). Financial impact

There are no financial implications to the Council. Equalities impact

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

This application is not subject to the sustainability requirements of the Edinburgh Design Guidance. Consultation and engagement

Pre-Application Process

Pre-application discussions took place on this application.

Publicity summary of representations and Community Council comments

The application attracted 51 letters of representation. Of the 51 representees 43, including the Stockbridge and Inverleith Community Council and the Cockburn Association, object to the proposal. Eight letters of representation in support of the proposal were received.

Material Issues In Support

• The proposal would visually enhance the existing land and be in keeping with the character of the surrounding area.

Material Issues In Objection

• The proposal would have a detrimental impact on neighbourhood character and amenity due to its design, form, materials and positioning. • The proposal would have a detrimental impact on the character and appearance of the adjacent New Town Conservation Area. • The proposed vehicular access will have a detrimental impact on pedestrian and road safety. • The proposal will result in an unreasonable loss of natural light and privacy to neighbouring properties. • The proposal does not provide adequate garden space to meet the needs of future residents. • The loss of the existing space and boundary treatments would have a detrimental impact on neighbourhood character and appearance . • The proposal is located within the New Town Conservation Area. • The proposal will result in a loss of biodiversity . • Previous planning decisions. • The proposal would pose a threat to existing mature trees immediately adjacent to the site.

Non-Material Issues

• Nature of the site as Brownfield/Greenfield. • Works carried out on the recently on the site. • Outlook from individual properties. • Disturbance, noise, pollution and inconvenience caused by the construction process. • The description of the proposed as ‘mews style. • The setting of a precedent for future development. • The extent of neighbour notification. • Site and building drainage. • Likely future extensions and alterations to the proposed. • Disputed land and property ownership. • Impact on surrounding property prices. • The proposal will have a detrimental impact on the setting of a listed building.

Development Management sub committee – 23 October 2013 Page 3 of 16 Community Council

The Stockbridge and Inverleith Community Council object to the proposal on the following material grounds:

• The proposal would have a detrimental impact on neighborhood character and amenity due to its design, form, materials and positioning. • The proposal would have a detrimental impact on the character and appearance of the adjacent New Town Conservation Area. • The proposal does not provide adequate garden space to meet the needs of future residents. • Previous planning decisions. • The proposal will have a detrimental impact on the amenity of neighboring residents. Background reading / external references

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

Development Management sub committee – 23 October 2013 Page 4 of 16 Report

Application for Planning Permission 13/02997/FUL At Land 26 Metres South West Of 10, Learmonth Gardens Mews, Edinburgh Erection of detached house with integral garage. 1. Background

1.1 Site description

The site is an undeveloped plot of land located on the east side of Comely Bank Street at the junction with Learmonth Garden Mews. It is 45m north of the junction with Dean Park Crescent. The site is bound by the rear gardens of 21-23 Dean Park Crescent to the south and by Learmonth Garden Mews to the north.

The site is located in a residential area which is characterised by a mix of three and four storey terraced townhouses, four storey traditional tenements and two storey terraced mews properties.

The southern site boundary denotes the edge of the New Town Conservation Area with the rear gardens of 21-23 Dean Park Crescent falling within the conservation area. The application site lies outside but immediately abuts the conservation area.

The application site is located within the New Town Gardens and Dean Historic Garden/Designed Landscape area. This property is located within the New Town Conservation Area.

1.2 Site History

The application site forms part of a larger previous application site with the following relevant planning history:

06 October 2006 – planning permission refused for a detached dwelling and formation of car parking space on land at rear of 22 and 23 Dean Park Crescent (Reference: 06/01131/FUL).

01 June 2007 - planning permission refused for the formation of 3 car parking spaces on land at rear of 22 and 23 Dean Park Crescent (Reference: 07/01122/FUL).

21 December 2007 – appeal of decision 07/01122/FUL dismissed by the Scottish Government Directorate for Planning and Environmental Appeals (DPEA Ref: P/PPA/230/946). The reasons for dismissal included the loss of a 12m section of mature hedge which makes a positive contribution to the character of the conservation area, the loss of an attractive feature and interrupting the established pattern of gardens.

Development Management sub committee – 23 October 2013 Page 5 of 16 2. Main report

2.1 Description Of The Proposal

The proposal is to erect a two storey detached dwellinghouse with an integral garage. The footprint of the house would be 70.15 sq m and the garden space is 19.71 sq m in area and 10.3 m in length. Accommodation proposed on the ground floor includes, in addition to the garage, a bedroom and bathroom; on the first floor, a living/kitchen/dining area, bathroom and bedroom and a small study within the attic.

The materials proposed are natural stone walls to the west and north elevations, reconstituted stone to the east and south elevations, a natural slate roof and timber doors and window frames.

The applicant has submitted a supporting statement which can be viewed using the Planning and Building Standards online services.

2.2 Determining Issues

Do the proposals comply with the development plan?

If the proposals do comply with the development plan, are there any compelling reasons for not approving them?

If the proposals do not comply with the development plan, are there any compelling reasons for approving them?

2.3 Assessment

To address these determining issues, the Committee needs to consider whether: a) the principle of housing is acceptable at this location; b) adequate open space has been provided within the scheme; c) the proposed scale, design and materials are acceptable; d) the proposal will have a detrimental impact on neighbouring residential amenity; e) the proposal will have a detrimental impact on trees worthy of retention or on local biodiversity; f) the proposal will have a detrimental impact on the setting of the adjacent New Town Conservation Area; g) the proposal will have a detrimental impact on the New Town Gardens and Dean Historic Garden/Designed Landscape; h) the proposal will have a detrimental impact on road or pedestrian safety; i) the proposal will have any detrimental impact on equalities and human rights; and

Development Management sub committee – 23 October 2013 Page 6 of 16 j) the representations raise issues to be addressed.

a) Principle

The application site is located in a residential area within the urban area. Edinburgh City Local Plan policy Hou 1 (Housing Development) supports the principle of housing on suitable sites within the urban area, provided that the proposal complies with all other relevant Local Plan policies.

b) Private Open Space

Local Plan policy Hou3 (Private Open Space) states that planning permission will be granted for development which makes adequate provision for open space to meet the needs of future residents. The non-statutory Edinburgh Design Guidance states that private gardens should be designed for use by residents for a range of functions including space for play, seating and laundry and that they should be designed to allow houses to be adapted and extended over time. This means that gardens longer than 9m are encouraged.

The proposal includes garden space of approximately 19.7 sq m, which is a relatively small amount. This narrows from a maximum width of 3.7m at the western end to a width of 1m at its approximate midpoint and 1.2m at the eastern end. The limited size of the garden and dimensions, dictated by the site, are such that the amenity value of the space and its adaptability to a range of functions will be limited. This is further exacerbated by the topography of the site which requires that the widest, and therefore most usable, west end of the garden be occupied by an area of hard standing and steps which reduce the proportion of green garden space and further reduce the adaptability and amenity value of the garden space.

Overall, the proposed development does not make adequate provision for open space to meet the needs of future residents. The amount of garden space at 19.7 sq m is inadequate and the dimensions of the garden are such that the amenity value and adaptability of the garden space would be severely limited. The low amenity value of the open space is further degraded by the fact that the garden will be heavily overshadowed by both existing buildings and the proposed house. The closest public open space is Inverleith Park and it is not deemed the proximity of this park justifies the lack of quality garden ground proposed.

The supporting statement cites examples of developments without significant garden ground which have been granted planning permission. All of these examples were granted prior to the adoption of the current Design Guidance and the majority were granted before the adoption of the current Local Plan. Notwithstanding this, there is no precedent with regards to planning permission and each application is assessed on its individual merits.

The proposal is contrary to Local Plan Policy Hou 3 and is not in accordance with the Design Guidance with respect to private open space.

Development Management sub committee – 23 October 2013 Page 7 of 16 c) Scale, Design and Materials

Policies Des 1 (Design Quality and Context) and Des 3 (Development Design) of the Edinburgh City Local Plan seek design which draws on the positive characteristics of the surrounding area to create or reinforce a sense of place.

The surrounding area is strongly characterised by traditional tenements, terraced rows and mews developments. The nature of the site is such that the proposal will occupy a conspicuous position within the streetscape of both Comely Bank Avenue and Learmonth Garden Mews. Comely Bank Avenue is characterised by a long sweep of four storey traditional tenement buildings and Learmonth Garden Mews consists of residential mews buildings. There are no examples of detached dwellinghouses within the immediate vicinity of the proposal site and in this way the proposed detached dwellinghouse would not be in keeping with the area's established character.

The applicant describes the proposal as a ‘mews style house’. It does not replicate traditional mews properties such as those on Learmonth Garden Mews. The two storey nature of the proposal does not relate to any of the terraces surrounding the most conspicuous elevation fronting Comely Bank Avenue. The surrounding properties, with the exception of the mews on Learmonth Garden Mews and Comely Bank Mews, consist of three and four storey tenements and terraced rows and the proposal at two storeys would appear out of character when viewed from Comely Bank Avenue and Dean Park Crescent. The detached nature and two storey height of the proposal is not in keeping with the established character of the area and would represent an incongruous feature within the streetscape.

The position of the proposed building within the site would result in the well established building line of the Comely Bank Avenue being breached. A key characteristic of Comely Bank Avenue is the long continuous sweep of the tenement building on the east side of the street and the proposed house would sit forward of this established building line and as a consequence, it would be visually jarring and not in keeping with the established spatial character.

In terms of the design detailing, neither the massing, height, fenestration or roof form are in keeping with any of the surrounding architectural styles. The nature of the site is such that the footprint of any proposal is pre-determined by privacy issues with neighbouring properties and this has a disproportionate impact on the fenestration. The roof form and pitch is also of a style which bears little relation to that of any of the surrounding buildings. Overall, the building is of a design which, with the exception of the materials proposed, is incomparable to that of any of existing buildings within the vicinity. It is not of exceptional design quality as to justify the proposed development.

To conclude, the proposal is of a style, scale and design which is incompatible with the character of the area and its positioning on the site is such that it would be forward of the established building line, not in keeping with the established spatial character and highly prominent within the streetscape. The proposal would result in an incongruous feature and would be have a detrimental impact on its neighbourhood setting, streetscape and the wider townscape. The proposal does not comply with the design policies.

Development Management sub committee – 23 October 2013 Page 8 of 16 d) Amenity of Neighbours

The proposal will not result in any unreasonable loss of privacy to neighbouring gardens.

The applicant has submitted daylighting and overshadowing analysis that demonstrates that the proposal does not comply with the Design Guidance with respect to the neighbouring gardens at 21-23 Dean Park Crescent. A number of windows would be adversely affected. The applicant argues that due to the northern aspect of these gardens and windows and the current overshadowing from existing buildings, the increased overshadowing will not result in an unreasonable loss of privacy or natural light.

It is accepted that, at the spring equinox, the additional overshadowing will not have any significant impact on neighbouring residential amenity. It should, however, be noted that the overshadowing of these neighbouring properties will be more significant during the summer months during which the gardens receive a larger proportion of direct sunlight from a westerly direction in the evenings. The proposal, which contravenes the guidelines, will result in a loss of significant proportion sunlight to neighbouring gardens at a time of year when their amenity value is greatest.

The proposal would have a detrimental impact on the residential amenity of the neighbouring properties.

e) Trees and Biodiversity

The proposal is likely to have an impact on adjacent trees located within the rear gardens of the adjoining Dean Park Crescent properties, possibly requiring their removal. These trees are protected by virtue of their location within the New Town Conservation Area. No Arboricultural Survey has been submitted outlining the likely impacts and proposed mitigation measures. The proposal may be contrary to Local Plan policy Env 12 (Trees) in that it could have a detrimental impact on trees worthy of retention and to Des 3 as it could result in the loss of features worthy of retention. Given that the proposed development is contrary to a number of Local Plan policies, it was not appropriate to request that the applicant provides an Arboricultural Survey at this juncture.

The application site is not designated as a site of importance with regards to biodiversity and its size and nature is such that the proposal will have negligible impact on local biodiversity. f) Conservation Area

The southern site boundary denotes the edge of the New Town Conservation Area with the rear gardens of 21-23 Dean Park Crescent falling within the conservation area. As such the site lies outside but immediately abuts the conservation area. Local Plan policy Env 6 (Conservation Areas - Development) states that ‘development within a conservation area or affecting its setting will be permitted which: a) preserves or enhances the special character or appearance of the conservation area and is consistent with the relevant conservation area character appraisal

Development Management sub committee – 23 October 2013 Page 9 of 16 b) preserves trees, hedges, boundary walls, railings, paving and other features which contribute positively to the character of the area and c) demonstrates high standards of design and utilises materials appropriate to the historic environment.

The New Town Conservation Area Character Appraisal states that ‘the area is typified by the formal plan layout, spacious stone built terraces, broad streets and an overall classical elegance. The buildings are of a generally consistent three storey and basement scale, with some four storey corner and central pavilions.

The proposal is of a style, scale and design which is incompatible with the character of the area and its positioning on the site is such that it would be forward of the established building line, not in keeping with the established special character and highly prominent within the streetscape. The two storey detached nature of the proposed house is entirely incompatible with the three and four storey terraces and the prevailing spatial pattern. The proposal will not preserve or enhance the character or appearance of the conservation area having a detrimental impact on its setting. g) New Town Gardens and Dean Historic Garden/Designed Landscape

The Inventory of Gardens and Designed Landscapes describes the ‘New Towns Gardens’ area as comprising of a series of 18th and 19th century town gardens, squares and walks which together with the surrounding buildings are collectively termed the 'New Town' and the result of neo-classical town planning. The gardens range in size from West Princes Street Gardens (12.8ha) and Regent Gardens (4.8ha) to the smaller squares and strips of Rothesay Terrace (0.12ha) and Saxe-Coburg Place (0.2ha).

The size, appearance and irregular shape of the application site, which is not garden ground, is such that it does not make any significant contribution to the character of the 'New Towns Gardens' area and does not constitute a typical characteristic of the area. Development of the site would not have a detrimental impact on the character of the ‘New Towns Gardens’ area in terms of gardens and designed landscapes. h) Transport

A consultation response from Transport Planning raised no concerns regarding pedestrian or road safety. The proposal will not have any detrimental impact on pedestrian or road safety. i) Equalities and Human Rights.

This application was assessed in terms of equalities and human rights. No impact detrimental impacts were identified. j) Public Comments

Material Issues In Support

 The proposal would visually enhance the existing land and be in keeping with the character of the surrounding area addressed in section 2.3 c).

Development Management sub committee – 23 October 2013 Page 10 of 16 Material Issues In Objection

 The proposal would have a detrimental impact on neighbourhood character and amenity due to its design, form, materials and positioning - addressed in section 2.3 c) .  The proposal would have a detrimental impact on the character and appearance of the adjacent New Town Conservation Area - addressed in section 2.3 f).  The proposed vehicular access will have a detrimental impact on pedestrian and road safety addressed in section 2.3 g).  The proposal will result in an unreasonable loss of natural light and privacy to neighbouring properties addressed in section 2.3 d).  The proposal does not provide adequate garden space to meet the needs of future residents addressed in section 2.3 b).  The loss of the existing space and boundary treatments would have a detrimental impact on neighbourhood character and appearance addressed in section 2.3 c) and 2.3e).  The proposal is located within the New Town Conservation Area addressed in section 1.1.  The proposal will result in a loss of biodiversity - addressed in section 2.3 e).  Previous planning decisions addressed in section 1.2.  The proposal would pose a threat to existing mature trees immediately adjacent to the site - addressed in section 2.3 e).

Non-Material Issues

 The disputed nature of the site as Brownfield/Greenfield is not relevant to the assessment under Hou 1.  Works carried recently on the site this is not a material planning consideration.  Outlook from individual properties this is not a material planning consideration.  Disturbance, noise, pollution and inconvenience caused by the construction process - these are not material planning considerations.  The description of the proposed as ‘mews style’ how the applicant chooses to describe the proposal within the supporting statement is not a material planning consideration.  The setting of a precedent for future development this is not a material consideration as each application is determined on its individual merit.  The extent of neighbour notification - this is not a material consideration when considering an application.  Site and building drainage this is not a material planning consideration.  Likely future extensions and alterations to the proposed - this is not a material planning consideration.  Disputed land and property ownership - this is not a material planning consideration.  Impact on surrounding property prices - this is not a material planning consideration.  The proposal will have a detrimental impact on the setting of a listed building the proposal site is not located within the setting of any listed building and as such is not a material consideration.

Development Management sub committee – 23 October 2013 Page 11 of 16 Conclusion.

In conclusion, the proposal is contrary to Local Plan policies Des 3, Des 1, Hou3, Env 12 and Env 6 and to the Counci'ls non-statutory Edinburgh Design Guidance. The proposal would result in an incongruous feature and would be detrimental to neighbourhood character and amenity and would likely have a detrimental impact on trees worthy of retention. The proposal does not make adequate provision for garden space to meet the needs of future residents and would have a detrimental impact on the setting of the New Town Conservation Area. There are no material considerations which outweigh this conclusion.

3. Recommendations

3.1 It is recommended that this application be Refused for the reasons below

3.2 Conditions/reasons Conditions:-

Reasons:-

1. The proposal is contrary to Local Plan policies Des 3 and Des 1 in that it would result in an incongruous feature and would have a detrimental impact on its neighbourhood setting, streetscape and the wider townscape, it does not retain features worthy of retention on the site and in the surrounding area and it would have a detrimental impact on the residential amenity of the neighbouring properties.

2. The proposal is contrary to Local Plan Policy Hou 3 and is not in accordance with the Design Guidance, in that the development does not make adequate provision of open space to meet the needs of future residents.

3. The proposal is contrary to Local Plan policy Env 12 in that it would have a detrimental impact on trees worthy of retention. No Arboriculture Survey has been submitted outlining the likely impacts and proposed mitigation measures.

4. The proposal is contrary to Local Plan policy Env 6 as it will not preserve or enhance the character or appearance of the conservation area.

Statutory Development Plan Provision The proposal site is located in an urban area and within

Development Management sub committee – 23 October 2013 Page 12 of 16 an area of historic gardens and designed landscape, as designated by the Edinburgh City Local Plan.

Date registered 29 July 2013

Drawing numbers/Scheme 01-22,

Scheme 1

David R. Leslie Acting Head of Planning and Building Standards

Development Management sub committee – 23 October 2013 Page 13 of 16

Links - Policies

Relevant Policies:

Relevant policies of the Edinburgh City Local Plan.

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

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

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

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

Relevant Non-Statutory Guidelines

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

Policy Env 7 (Historic Gardens & Designed Landscapes) establishes a presumption against development that would be detrimental to Historic Gardens and Designed Landscapes.

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

Policy Env 6 (Conservation Areas Development ) sets out criteria for assessing development in conservation areas.

Other Relevant policy guidance

The New Town Conservation Area Character Appraisal states that the area is typified by the formal plan layout, spacious stone built terraces, broad streets and an overall classical elegance. The buildings are of a generally consistent three storey and basement scale, with some four storey corner and central pavilions.

Appendix 1

Consultations

Transport Planning raised no objections to the application subject to the following being included as conditions or informatives as appropriate:

1. Access to any car parking area is to be by dropped kerb (i.e. not bell mouth); 2. Any gate or gates must open inwards onto the property; 3. The applicant should be informed that prior to carrying out any works to form a footway crossing a Minor Roadworks consent must be applied for and secured; 4. Any works to form a footway crossing must be carried out in accordance with “Development Roads – Guidelines and Specification”.

Location Plan

Development Management sub committee – 23 October 2013 Page 15 of 16

© Crown Copyright and database right 2013. All rights reserved. Ordnance Survey License number 100023420 END

Development Management sub committee – 23 October 2013 Page 16 of 16 Development Management Sub Committee

Wednesday 23 October 2013

Application for Planning Permission 13/02248/FUL At Site 60 Metres East Of 21, Moredun Park Street, Edinburgh Development of 54 no. new dwellings along with associated access roads, car parking and areas of both hard and soft landscaping.

Item number Report number Wards A16 - Liberton/Gilmerton

Links

Policies and guidance for LPC, CITD1, CITD3, CITD4, CITD5, CITD6, CITE12, this application CITOS1, CITH1, CITH2, CITH3, CITH4, CITH7, CITT4, CITT5, CITT6, CITI6, NSG, NSGD02, NSDCAH,

David R. Leslie Acting Head of Planning and Building Standards

Contact: Kenneth Bowes, Planning Officer E-mail:[email protected] Tel:0131 529 6724

Executive summary

Application for Planning Permission 13/02248/FUL At Site 60 Metres East Of 21, Moredun Park Street, Edinburgh Development of 54 no. new dwellings along with associated access roads, car parking and areas of both hard and soft landscaping.

Summary

The proposal complies with the development plan. Residential use is supported at this location and the minor loss of open space is compensated for by the proposed land swap.

The proposal is of an appropriate design, scale and layout making an efficient use of the land whilst providing a new improved border with the adjacent park. The proposals safeguard neighbouring amenity and provide an acceptable level of amenity for future occupiers. There is an infringement in relation to potential noise issues from the adjacent community centre but through attenuation measures and the layout of individual flats, this will be limited.

The development is acceptable in all other respects, subject to a legal agreement and conditions.

There are no other material considerations which outweigh this conclusion. Recommendations

It is recommended that this application be Granted subject to the details below (in section 3 of the main report). Financial impact

The Finance and Resources Committee approved the sale of the Council owned former Craigour Care Home to Castle Rock Edinvar Housing Association on 21 January 2011.

The proposal includes the use of an area of the adjacent park. In exchange, it is proposed that an area of ground of the same size, forming part of the Moredun Park Community Centre ground, is given to the park. There is also a requirement for a further excambion of ground between the former care home site and the park. This is detailed in a report to the Finance and Budget Committee on 21 March 2013. Estates has confirmed that the land deal has been completed.

The application is also subject to a legal agreement.

Equalities impact

This application was assessed in terms of equalities and human rights. The impacts are identified in the Assessment section of the main report. Sustainability impact

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

Pre-Application Process

In accordance with the Planning etc (Scotland) Act 2006, a Proposal of Application Notice (13/00813/PAN) was submitted on 11 March 2013. Copies of the notice were also issued to:

- all Ward councillors. - Kenny MacAskill MSP. - Ian Murray MP. - Moredun and Gilmerton Libraries. - Liberton/Gilmerton Neighbourhood Partnership. - Moredun Community Centre. - St Barnabas Church. - Craigour Park Primary School. - Top Blocks Residents Association (South). - Craigour Drive and Green Residents and Owners Association. - Hyvots and Moredun Park Residents Association. - Moredun 4-Multis. - Craigour High Flats Action Group.

A consultation event was held at Moredun Library on Wednesday 3 April 2013 between 3pm and 7pm.

Full details can be found in the Pre-Application Consultation report which sets out the findings from the community consultation. This is available to view on the Planning and Building Standards online services.

A pre-application report on the proposals was presented to the Committee on 15 May 2013. No additional issues were raised.

Publicity summary of representations and Community Council comments

The application attracted one letter of representation raising the following matters:

Material - Outlook from adjacent residential area (Fernieside Place).

Non-material - Issues related to the construction stage.

Development Management sub committee – 23 October 2013 Page 3 of 26 Gilmerton/Straiton/Inch Community Council is not active at this time.

A full assessment can be found in the main report in the Assessment section. Background reading / external references

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

Development Management sub committee – 23 October 2013 Page 4 of 26 Report

Application for Planning Permission 13/02248/FUL At Site 60 Metres East Of 21, Moredun Park Street, Edinburgh Development of 54 no. new dwellings along with associated access roads, car parking and areas of both hard and soft landscaping.

1. Background

1.1 Site description

The site covers approximately 1 hectare. It is relatively flat with a slight slope from south to north and is located next to Moredun Park. The site formerly contained the now demolished St Barnabas Court, which was one of the first sheltered housing developments in Scotland. Also on the site was the council-owned care home at Craigour which has also now been demolished. The site includes a small part of open space associated with the park.

A short road taken from Moredun Park Street provides a central access to the site. This road splits the two previous uses which were on the site.

To the southwest of the site is a single storey community centre building and St Barnabas Church. To the northwest are the two storey residential dwellings on Moredun Park View. To the east / northeast of the site is Craigour Park Primary School with its sports pitch immediately next to the application site.

1.2 Site History

27 May 2010 - prior notification of demolition for St Barnabas Court deemed permitted development (Reference: 10/01147/PNT).

Land adjacent to the site: 12 September 2001 - replacement school and associated parking, landscaping, sports facilities and open space (as amended) (Reference: 01/01577/FUL).

1 September 2004 - floodlighting installation to an existing all weather pitch was deemed to be granted (Reference: 04/02477/CEC).

2. Main report

2.1 Description Of The Proposal

The proposal is for 54 residential units, all available for social rent intended for the elderly. They have been designed with the requirements of an ageing population in mind and the internal layouts have incorporated design principles for dementia sufferers.

Development Management sub committee – 23 October 2013 Page 5 of 26

The proposal is for two perimeter style blocks formed around two courtyards which provide private open space for the development. The development will provide frontage onto Moredun Park Street, the central access road and onto the park. The proposals are mostly two storeys with a pitched roof though a four storey flatted element is also proposed. Within the eastern courtyard area, there is a combined heat and power system building.

The four storey block contains 16 units with four flats on each floor. This breaks down into four 1 bed/2 person units and twelve 2 bed/3 person units.

The two storey elements contain 38 units. This breaks down into four 1 bed/2 person units and thirty-four 2 bed/3 person units.

Within the scheme, four of the 2 bed/3 person units are specifically designed for wheelchair users.

The main material to be used is brick. This is mostly a light buff brick with some detailing (such as common stair entrances) and the four storey block in a light red brick. Steel balconies are proposed on the flatted block. Windows and doors are to be timber.

Access is taken from Moredun Park Street via the existing road through the centre of the site which will be upgraded. The access leads to a car parking court. Thirty-four car parking spaces are proposed in total, with 16 in the court area, 7 along the access road and 11 on Moredun Park Street (6 of these already exist). Five Sheffield style bike racks, for visitors and staff, have been located throughout the development near to the entrances.

Three communal bin stores are provided between the gaps in the building. These are all accessed from the courtyard areas and the street side.

Boundary treatments include hedges to provide a defensible distinction between the public and private areas with small metal fences providing further separation. Brick walls - 1.2m in height - are used along the central access route. A 2m high fence is proposed on the boundary with the primary school and the adjacent church and community centre.

Hedging is proposed along the boundary of the park and a number of trees are proposed within the car park area and along the access road. Existing trees within the site are retained, one next to Moredun Park Street at the boundary with the primary school and three trees within the western courtyard area.

Supporting Statements The applicant has submitted a design and access statement, transport statement, landscape design statement, noise assessment, site investigation report, drainage strategy and a sustainability form.

These documents are available to view on the Planning and Building Standards online services.

2.2 Determining Issues

Do the proposals comply with the development plan?

Development Management sub committee – 23 October 2013 Page 6 of 26

If the proposals do comply with the development plan, are there any compelling reasons for not approving them?

If the proposals do not comply with the development plan, are there any compelling reasons for approving them?

2.3 Assessment

To address these determining issues, the Committee needs to consider whether: a) the principle of residential development is acceptable on this site; b) the design, scale and layout are appropriate to the site; c) the proposal is detrimental to the amenity of neighbours and provides sufficient amenity for the occupiers of the development; d) adequate open space and landscaping has been provided; e) the housing mix is appropriate and an adequate level of affordable housing has been provided; f) there are any transport and parking issues; g) any other material considerations; h) any impacts on equalities or human rights are acceptable; and i) comments raised have been addressed. a) Principle

The site is within the Urban Area as shown on the Edinburgh City Local Plan (ECLP) Proposals Map. Local Plan Policy Hou 1 (Housing Development) states that housing development will be permitted on suitable sites within the Urban Area.

The majority of the site has been previously developed and housing is acceptable at this location. A small area of open space, currently part of Moredun Park, is proposed to be built on.

Moredun Park (also referred to as Gilmerton Park) is identified as being of poor quality in the Open Space Audit and shown in the Open Space Strategy as a large green space requiring improvement.

Edinburgh City Local Plan Os 1 (Open Space Protection) sets out, amongst other matters, that proposals involving the loss of open space will not be permitted unless there will be a local benefit in allowing the development in terms of either alternative equivalent provision being made or improvement to an existing public park or other open space.

There is an agreement for an area that is part of the curtilage of the council owned community centre (currently not audited as open space) to be given over to the park. There is therefore no discernible loss of open space.

Consideration has been given towards seeking a contribution towards upgrading Moredun Park. Guidelines on Developer contributions does indicate that contributions towards the actions identified in the Open Space Strategy will be sought where the requirements of Edinburgh City Local Plan Policy Hou 3 (Private Open Space) is not fully met within a development site or where development involves the loss of open

Development Management sub committee – 23 October 2013 Page 7 of 26 space and where Policy Os 1 requires off-site enhancement or provision of open space.

Policy Hou 3 relates to the provision of private open space within a proposed development. The proposal provides more than 10 square metres of open space per flat and over 20% of the development site is open space. Although the adjacent park is of poor quality, the site and surrounding properties are not shown to be deficient against the access standards set out in the Open Space Strategy. The requirements of Policy Os 1 are also met by the proposed land swap.

The principle of development is acceptable.

b) Design, Scale and Layout

Local plan design policies Des 1 (Design Quality and Context) and Des 3 (Development Design) set a requirement for proposals to be based on an overall design concept which draws on the positive characteristics of the surrounding area with the need for a high quality of design which is appropriate in terms of height, scale and form, layout and materials.

The area surrounding the site has a mixture of buildings using various materials. The nearby two storey houses to the north are predominantly rendered whilst the two storey properties to the east include a number of red and buff brick houses mixed with other rendered houses. To the south/east end of the park, there are a number of modern light rendered houses with wood detailing. Immediately adjacent to the site are the single storey community centre and church buildings with the modern primary school also in close proximity to the site.

Layout:

The proposed development, forming two perimeter blocks centred on courtyard areas, makes an efficient use of the land. It provides a positive frontage to Moredun Park Street, the central access road and also onto the park itself.

The central access road, leading to a car parking court, has been designed as a shared surface with the use of planting to break up the route. The proposal retains a link through the site to the park and the arrangement enables overlooking onto the route.

Design and height:

The proposed development is predominately two storeys reflecting the surrounding housing in particular that on Moredun Park Street. These two storey elements comprise a four in a block layout organised around a common stair. In each block, one ground floor flat has direct main door access. The elevations have simple fenestration details with larger communal entrance areas on the public facing sides of the development. Small front garden areas give some separation from the street. The development steps up slightly to take into account the changes in levels.

A larger four storey flatted block is proposed on the corner of the new central access road and the park. Although higher than the prevailing two storey residential development within the area, the block highlights the access route from the adjacent park. The added height also helps to enhance overlooking into the park, providing natural surveillance. The block has a flat roof and when viewed against the height of

Development Management sub committee – 23 October 2013 Page 8 of 26 the roof ridge of the adjoining two storey elements, the step-up in height is limited. The four storey block also adds further interest to the development.

The Police Architectural Liaison Officer has provided comments which were given to the applicant at the pre-application stage. The applicant has taken into account the majority of the recommendations such as lighting and boundary treatments. However, the recommendation to not include a through path to the park has not been complied with. Taken from a planning perspective, such a path allows permeability for pedestrians and easy access to the park from the north of the development and its retention is supported.

Materials:

The main material proposed for the development is brick. Buff brick is proposed for the two storey elements with a light red brick proposed for the communal entrance areas and for the four storey element. Concrete tiles are proposed for the pitched roofs whilst a ply membrane is to be used on the flatted element. The use of timber windows and doors are supported. The proposed materials are appropriate to the location and the surrounding context. A condition is proposed requiring the provision of sample panels to ensure the quality of the materials and the workmanship.

The proposed design, scale and layout of the proposal is considered acceptable subject to a condition in relation to materials. c) Amenity and Outlook

Amenity:

In terms of overlooking distances there is a 20m, window-to-window distance between the proposed Moredun Park Street elevation and the existing properties.

The section of the development adjacent to the single storey community centre is approximately 8 metres away. The ground floor units have additional windows to allow daylight from the south and the upper floor is not impacted on due to the community centre being single storey. A brick retaining wall and 2m high fence are proposed along this boundary.

Within the scheme itself, the window-to-window distances are generally 19m. This narrows to 16m towards the south-east end in order to define the new street as it opens out to the parking area. The Edinburgh Design Guidance sets out that in assessing privacy and outlook, the Council will look at each case individually and weigh up the practicalities of achieving privacy against the need for development it also will allow relaxation if there are good townscape reasons. The 16m distance proposed is acceptable and does not impact on any existing properties.

Internally, the north courtyard area provides a distance of approximately 30m between the new buildings. The southern courtyard allows for a distance of some 33m to the adjacent church.

The proposals results in no overlooking concerns with the surrounding uses and the internal privacy distances are acceptable.

Development Management sub committee – 23 October 2013 Page 9 of 26 There are floodlights associated with primary school next to the site. These were originally subject to a condition, with regards to light spill, to safeguard the amenity of nearby residents. The proposal has been designed with blank gables at the eastern side of the development for privacy reasons.

Outlook:

The nearest residential property, to the east, is some 60 metres away from the site. The majority of the site has been previously developed and the proposal will not have an adverse impact on the immediate outlook of the surrounding residential properties.

There is a public viewpoint from an elevated position at the southern end of Moredun Park looking north across the city. This is not a safeguarded key view. Visualisations have been provided to show how the development will sit into the site. The proposed development will not detrimentally impact on the view to the north from the park and key landmarks will remain visible.

Noise:

A noise assessment has been submitted in relation to potential noise generated from the nearby community centre and any possible impact on the proposed development.

The assessment has been based on a worst case scenario and indicates that noise from events at the community centre may result in disturbance to future residents of the development.

The report identifies that the nearest rear sections of the courtyard area of the proposed development (plots 39 to 54) could be affected by noise from the community centre. The corner element of the 4 storey flatted block has a direct line of sight and noise issues may also occur in this part of the development. In total, 18 of the proposed 54 units are potentially affected by noise from the community centre.

The noise assessment recommends that mitigation measures could be put in place to achieve the required internal noise levels. This comprises a 2m acoustic fence, improved glazing specifications and additional passive ventilation. These measures would result in the eight ground floor properties meeting the required standard.

The remaining ten units are on the upper floors where the 2m acoustic fence would have less of an impact. The noise assessment recommends that improved glazing specifications, a separate internal glazing system and a significantly improved trickle ventilation would be required to provide adequate noise mitigation.

The applicant has stated that proposed mitigation measures for the eight ground floor properties will be implemented. However, for the upper ten that remain affected, the applicant holds that it is not practical and not necessary to provide secondary glazing and the improved trickle ventilation.

Environmental Assessment is comfortable with the proposed mitigation measures in relation to the eight ground floor units. However, as the applicant does not intend on implementing the identified mitigation measures for the ten identified upper units which may be affected by noise, Environmental Assessment are not in a position to support the application.

Development Management sub committee – 23 October 2013 Page 10 of 26 It is highlighted that if some of the units are not adequately protected from noise, then should noise complaints be received by the Council from occupants of this development in the future, enforcement action may be initiated against the community centre. In Environmental Assessment’s view, the additional measures identified in the Noise Assessment should be incorporated in the development and are a reasonable solution.

The applicant's reasoning for not incorporating some of the mitigation measures is set out in the supporting information. This includes the types of activities undertaken in the community centre, the previous use of the application site, the future management by the RSL and the difficulties of introducing secondary glazing into the proposals.

In assessing the application and the approach to noise attenuation there are a number of factors that should be taken into account.

The community centre does accommodate a wide number of mainly timetabled events but many of these are generally not intensive ones. Music is stopped by 11pm, the hall is cleared by midnight and teenage discos are not permitted. The site previously contained a sheltered housing development and the applicant is not aware of any previous noise complaints. Therefore the community centre is well managed in terms of events and timings.

PAN 1/2011 Planning and Noise notes that layout itself can be a mitigation measure. The proposed upper floor layouts result in the living rooms and kitchens not meeting the level of sound insulation recommended in the noise assessment. However, all the bedrooms of the flats are located on the elevations facing away from the community centre. Consequently, given the times that events run to and the location of the bedrooms any potential noise spill is less critical.

As the proposal has been designed with an ageing population in mind, incorporating secondary glazing as suggested in the noise assessment would be difficult. In a large number of cases the windows facing the community centre are glazed doors providing access to balconies. One of the aims of the development is to provide easy access to outdoor space. It would be difficult to develop a secondary glazing system that would provide easy direct access to the balconies.

On balance, there are a number of factors which build up to a reasoned approach for why, in this instance, mitigation measures on the upper floors should not be required. Conditions are recommended to ensure that those parts of the mitigation measures which are required are implemented.

In summary, the proposed development retains an acceptable level of amenity for existing residents and although there is an infringement on noise standards on some of the proposed units, this is not considered to be an overriding factor. d) Open Space and Landscaping

Local Plan Policy Hou 3 sets out that for flatted developments there should be 10 sqm of open space provision per flat except where private space is provided.

Where practical, the proposals provide balconies on the upper floors and direct access to small patio areas or small private garden areas on most of the ground floor units.

Development Management sub committee – 23 October 2013 Page 11 of 26 There are two enclosed shared courtyard areas, one measuring approximately 1500 sqm and the other approximately 900 sqm. This provision is well in excess of the 540 sqm required for 54 flats. Approximately 25% of the proposed development site is greenspace.

The proposal retains existing trees within the site, one next to Moredun Park Street at the boundary with the primary school and three trees within the western courtyard area.

Proposals should come forward with full details of landscaping. In this instance, the courtyard areas are only shown with a basic hardstanding structure. It is the intention that the detailed design of the courtyard areas, including planting, garden furniture and growing beds will be developed in consultation with the future residents.

Tree planting is proposed along the access road to the site and within the car parking courtyard area. Trees are also proposed within the small garden areas of the south elevation. A 1.2m high hedge is proposed to create an attractive new boundary with Moredun Park with further shrub planting to provide depth to the boundary which is currently quite barren.

A range of boundary treatments are proposed within the site. A retaining wall and a 2m high metal fence are proposed along the courtyard boundary with the primary school primarily for security issues. The fence is replicated on the boundary with the church. A 2 metre acoustic fence is proposed along the boundary with the community centre.

Three metre high brick walls are proposed to provide security and limit access through the bin store areas. Lower fences, in association with the hedge planting are proposed to provide an attractive boundary between the private front garden areas and the publicly accessible parts of the development.

The levels of open space and the landscaping proposed are in line with local plan policy and are acceptable subject to a condition in relation to landscaping being established.

In summary, the levels of open space provided are above the Council's minimum requirements and the approach to landscaping is acceptable. e) Housing Mix and Affordable Housing

Housing Mix:

ECLP Policy Hou 2 (Housing Mix) seeks the provision of a mix of house types and sizes where practical to meet a range of housing needs whilst having regard to the character of the surrounding area. The supporting text indicates that for schemes of 12 or more units the Council will seek the provision of at least 20% of the proposed units being larger units of three or more bedrooms.

The application consists of a mix of one and two bedroom units. The proposal is for affordable housing which has been designed for a specific age group. Therefore, it is not practical for this development to provide three bedroom units and such an exception is acceptable. The Housing and Regeneration section consider this approach acceptable noting that this reflects practice in the private sector.

Development Management sub committee – 23 October 2013 Page 12 of 26 Affordable Housing:

The proposal for 54 units would require the provision of 13 affordable homes (25%) as set out in policy Hou 7 (Affordable Housing).

The applicant has indicated that all the housing proposed will be social housing designed to suit the requirements of an ageing population and therefore will deliver 100% affordable homes on site.

Housing and Regeneration is supportive of the application and note that this site will be the recipient of a commuted sum which the Council has received from a nearby development of retirement homes provided by McCarthy & Stone.

In summary, the proposed housing mix is considered practical in these circumstances and the proposed level of affordable housing is supported. To ensure that the minimum level of affordable housing required (25%) is provided, this will have to be secured through a legal agreement. f) Transport and Parking

The site is well located in relation to the defined local centre on Moredun Park Road. Regular bus services operate on Gilmerton Road to the south-west of the site with bus services also available on Old Dalkeith Road further to the north-west and closer by on Moredun Park Road.

Access to the site is as existing and vehicle tracking has been provided showing that a 12m refuse truck can access the site. Thirty-four car parking spaces are proposed in total to serve the development with a proposed five spaces for visitor cycles. Given the proposed users of the site, the arrangements are suitable.

Transport has raised no objections to the proposal and no transport safety concerns have been identified.

The proposed development is acceptable in transport terms subject to a contribution of £2,500 for a redetermination order and £2,500 for a stopping up order which will need to be secured through a legal agreement. g) Other Material Considerations

Drainage:

A proposed drainage layout plan has been submitted as part of the application. This indicates that part of the run-off from the site will discharge to an existing surface water drain via a stone filled filter trench and stone filled attenuation tank. The remainder of the site will discharge in an existing combined sewer via porous paving.

SEPA originally indicated that it objected to the proposal unless the drainage arrangements were modified to ensure that all surface water run-off discharges to the surface water sewer rather than the combined sewer.

Following discussions with the applicant, SEPA has provided a follow up response noting that there are difficulties in discharging all run-off to the surface water sewer and therefore if Scottish Water will accept the discharge into the combined sewer then it

Development Management sub committee – 23 October 2013 Page 13 of 26 has no objection to this. Flood Prevention has raised no additional concerns. An informative has been added indicating that agreement is required from Scottish Water.

Air Quality:

A plant room is proposed on the north-east boundary of the site. Environmental Assessment has considered the proposed flue heights and these are deemed acceptable.

Contamination:

Information has been provided in support of the application which indicates that the site is safe for the proposed end use in terms of land contamination and gas. Environmental Assessment requires no further information on this issue.

Sustainability:

The applicant has submitted a sustainability statement in support of the application. The proposal complies with the requirements of Part A of the Edinburgh Standards for Sustainable Buildings.

The proposal has been classed as a major development and has been assessed against Part B of the standards. The points achieved against the essential criteria are set out in the table below:

Essential Criteria Available Achieved Section 1: Energy Needs 20 20 Section 2: Water conservation 10 10 Section 3: Surface water run off 10 10 Section 4: Recycling 10 10 Section 5: Materials 30 30 Total points 80 80

The proposal meets the essential criteria. In addition, the applicant has provided a commitment to incorporate further sustainability measures into the development as set out in the desirable elements section. Additional measures include the use of passive design, a community CHP system, the use of rainwater butts and compost facilities in the communal gardens and a commitment not to use tropical hardwood. h) Equalities or Human Rights Impacts

The proposal is targeted at elderly users and has been designed to take into account the requirements of an ageing population.

This includes level access to all ground floor flats, lift access in the four storey block to enable wheelchair access, large bathrooms, storage areas for mobility scooters, wider corridors for wheelchair turning and wider stair wells for future stair lift installation. No concerns in relation to Equalities or Human Rights have been raised.

An Equality and Human Rights Impact Assessment Summary is available to view on Planning and Building Standards online services.

Development Management sub committee – 23 October 2013 Page 14 of 26 i) Public Comments

Material representations -

•Amenity - development will impact on outlook from adjacent residential area (Fernieside Place) - this has been addressed in section 2.3c.

Non-material representations -

•Issues related to the construction stage which are not a material planning consideration.

CONCLUSIONS

In conclusion, the proposal complies with the development plan. The principle of residential use (for 100% affordable housing targeted at the elderly) at this location is acceptable and the loss of open space is mitigated with the land swap and the creation of a new boundary with the park.

The design, scale and layout are appropriate for the site and the development would not prejudice residential amenity or introduce detrimental transport implications. The infringement in relation to noise is not considered to be an overriding factor. The proposal is acceptable in all other respects subject to a suitable legal agreement and conditions.

3. Recommendations

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

3.2 Conditions/reasons Conditions:-

1. Prior to the commencement of the construction of the superstructure or above ground works, sample panels, to be no less than 1.5m x 1.5m, shall be produced, demonstrating each proposed external material and accurately indicating the quality and consistency of future workmanship, and submitted for written approval by the Head of Planning and Building Standards.

2. The approved landscaping scheme shall be fully implemented within six months of the completion of the development. Any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced with others of a size and species similar to those originally required to be planted, or in accordance with such other scheme as may be submitted to and approved in writing by the Head of Planning and Building Standards.

3. Prior to occupation of the first residential unit the land currently within the curtilage of Moredun Community Centre, as shown on drawing number 01 (applicant drawing number 0917/L(0)100) shall be incorporated into the wider park area.

Development Management sub committee – 23 October 2013 Page 15 of 26 4. The noise protection measures to the proposed properties, as defined in the Robin Mackenzie Partnership 'Environmental Noise Assessment' report (Ref R-6421- CS2-RGM) dated 5 September 2013, shall be carried out in full and completed prior to the development being occupied.

Those measures comprise the following works: a) A barrier (2 metres high and of minimum density 15kg/m2) should be erected and sited as shown on drawing number 34 (applicant drawing reference 0917/SK-85. b) Glazing units with a minimum insulation value of Rtra 29dB (e.g. 6mm float glass/14mm cavity/4mm float glass) and trickle ventilator with minimum insulation level of Dn,e,w 33dB should be installed within the properties shown as affected by noise on drawing number 34 (applicant drawing reference 0917/SK-85).

Reasons:-

1. In order to ensure the adequacy of external building materials.

2. In order to ensure that the approved landscaping works are properly established on site.

3. In order to meet the requirements of Edinburgh City Local Plan Policy Os1 Open Space Protection

4. In order to protect the amenity of the occupiers of the development.

Informatives

It should be noted that:

1. Legal Agreement

Consent shall not be issued until a suitable legal agreement has been concluded covering the following matters: i) Affordable housing provision. ii)Transport. - £2,500 to progress an order to redetermine footways and carriageways; and - £2,500 to progress an order to stop up sections of road under Section 207 of the Town and Country Planning (Scotland) Act 1997.

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

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

Development Management sub committee – 23 October 2013 Page 16 of 26 4. For the duration of development, between the commencement of development on the site until its completion, a notice shall be: displayed in a prominent place at or in the vicinity of the site of the development; readily visible to the public; and printed on durable material.

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

6. The development shall be carried out in accordance with the measures identified in the approved Sustainability Statement Form. The applicant should submit a Self Declaration Form to the Head of Planning and Strategy on completion and prior to occupation unless otherwise agreed.

7. Coal Authority Standing Advice - Development Low Risk Area

The proposed development lies within a coal mining area which may contain unrecorded coal mining related hazards. If any coal mining feature is encountered during development, this should be reported immediately to The Coal Authority on 0845 762 6848. Further information is also available on The Coal Authority website at www.coal.decc.gov.uk. Property specific summary information on past, current and future coal mining activity can be obtained from The Coal Authority’s Property Search Service on 0845 762 6848 or at www.groundstability.com. This Standing Advice is valid from 1st January 2013 until 31st December 2014

8. Trickle vents are to be fitted to all windows as required to comply with Technical Standard 3.14 of the Domestic Handbook. All ventilators should be passive requiring no energy to operate.

9. Agreement is required with Scottish Water regarding the discharge into the combined sewer.

Development Management sub committee – 23 October 2013 Page 17 of 26

Statutory Development Plan Provision The site is located within the Urban Area as shown on the Edinburgh City Local Plan Proposals Map. A small part of the site is designated as open space as part of the wider Moredun Park area.

Date registered 12 June 2013

Drawing numbers/Scheme 01-13, 14B, 15A, 16B-18B, 19A, 20-24, 25B, 26A, 27- 32, 34,

Scheme 1

David R. Leslie Acting Head of Planning and Building Standards

Development Management sub committee – 23 October 2013 Page 18 of 26

Links - Policies

Relevant Policies:

Relevant policies of the Edinburgh City Local Plan.

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

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

Policy Des 4 (Layout Design) sets criteria for assessing layout design.

Policy Des 5 (External Spaces) sets criteria for assessing landscape design and external space elements of development.

Policy Des 6 (Sustainable Design & Construction) sets criteria for assessing the sustainable design and construction elements of development.

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

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

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

Policy Hou 2 (Housing Mix) requires the provision of a mix of house types and sizes in new housing developments.

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

Policy Hou 4 (Density) sets out the factors to be taken into account in assessing density levels in new development.

Policy Hou 7 (Affordable Housing) requires 25% affordable housing provision in residential development of twelve or more units.

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

Policy Tra 5 (Private Cycle Parking) requires cycle parking provision in accordance with levels set out in supplementary guidance.

Policy Tra 6 (Design of Off-Street Car and Cycle Parking) sets criteria for assessing design of off-street car and cycle parking.

Policy Inf 6 (Water & Drainage) sets a presumption against development where the water supply and sewerage is inadequate.

Relevant Non-Statutory Guidelines

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

Non-statutory guidelines on Developer Contributions and Affordable Housing gives guidance on the situations where developers will be required to provide affordable housing and/or will be required to make financial or other contributions towards the cost of, providing new facilities for schools, transport improvements, the tram project, public realm improvements and open space.

Development Management sub committee – 23 October 2013 Page 20 of 26 Appendix 1

Consultations

SEPA comment 24/06/2013

We object to this planning application unless the modification in Section 1 can be accommodated. Please also note the advice provided below.

Advice for the planning authority

1. Surface water

1.1 It appears from drawing number E6755SK_D001 entitled ‘Proposed drainage layout’ that run-off from part of the site will discharge to an existing Scottish Water surface water drain via a stone filled filter trench and stone filled attenuation tank. The remainder of the site will discharge to an existing combined sewer via porous paving.

1.2 While the surface water scheme is acceptable in principle in terms of surface water treatment, we would request that the scheme is modified to ensure that all surface water run-off discharges to the surface water sewer. Removing surface water from the combined sewer increases capacity in infrastructure for future developments and reduces the risk of pollution events.

1.3 Any revised surface water scheme should still ensure that run-off from all areas of hard-standing received two levels of treatment prior to discharging to the water environment.

SEPA further comment 09/09/2013

SEPA responded to the above planning application on 24 June 2013 when we asked for a modification to be made to the proposals for surface water to ensure that surface water run-off from the proposed development was directed to the surface water sewer rather than the combined sewer.

It is proposed to discharge some surface water (approximately 45%) from the development to the combined sewer. Our preference would be to treat surface water by sustainable drainage systems (SUDS) and discharge to the water environment. SUDS help to protect water quality, reduce potential for flood risk and release capacity in the public sewerage network. Discharges to combined sewers should be avoided to free up capacity for waste water discharges.

We note the difficulties in discharging all run-off to the surface water sewer and therefore if Scottish Water will accept the discharge into the combined sewer then we have no objection to this.

Development Management sub committee – 23 October 2013 Page 21 of 26 Scottish Water should be consulted to ensure that they are willing to accept the surface water from the proposed development into the combined sewer. Scottish Water only accepts surface water into a combined system in exceptional circumstances. We would expect them and the applicant to ensure that all reasonable efforts are made to remove surface water from the combined sewer.

Comments from Scottish Water, where appropriate, the Local Authority Roads Department and the Local Authority Flood Prevention Unit should be sought in terms of water quantity/flooding and adoption issues.

Flood Prevention comment 10/07/2013

If the recommendation by SEPA is practical and maintains flood requirements and Scottish Water approval, I would also endorse. Verification would be required that the changes proposed do maintain our standard flood requirements and Scottish Water approval.

Other than this, I have no objection to development at Moredun Park Street.

Archaeology comment 26/06/2013

The proposed site has been affected by modern developed and it is considered unlikely that significant sub surface archaeological remains will survive. A look at the 19th century OS maps of the site show that under the open ground immediately to the east of the site of a large Limestone Quarry. Although the maps don’t show the quarry extending under this application site the seam of stone certainly points in its direction and therefore there may be unrecorded mining activity below the site.

Accordingly although I have concluded that there are no known archaeological constraints upon this development I would recommend that if not already done so a survey is undertaken to determine if any mining/quarry activities occur across it.

Police Scotland comment 27/06/2013

A meeting was held on 1st March 2013 with Places For People, Smith Scott Mullan Associates and the Police and following recommendations were made.

• It is strongly recommended that the southeast boundary with the park should be enclosed and a ‘through path’ avoided reducing the opportunity for anti social behaviour. • It is recommended that the street lighting in the development is made up of heavy-duty lamps to allow future installation of CEC mobile CCTV. • Ensure all parking areas are well lit and overlooked by the properties windows as much as possible. • Ensure that the rear shared courtyard areas are secure with appropriate height of fence/wall at the rear of the bin stores. • Consider a solid boundary on the north boundary with the school football pitch to a substantial height. The pitch is regularly used at night by local youths. • Use laminate glass on all ground floor windows and also the first floor windows facing the park • Consider solid balustrades on balconies facing the park to provide privacy and reduce opportunities for anti social behaviour.

Development Management sub committee – 23 October 2013 Page 22 of 26 Transport comment 04/07/2013

We have no objections to the application subject to the following being included as conditions or informatives as appropriate:

All accesses must be open for use by the public in terms of the statutory definition of ‘road’ and require to be the subject of applications for road construction consent (RCC). A number of minor design issues will require to be addressed as part of the RCC.

Consent should not be issued until the applicant has entered into a suitable legal agreement to provide a contribution of:

1. £2,500 to progress an order to redetermine footways and carriageways; and 2. £2,500 to progress an order to stop up sections of road under Section 207 of the Town and Country Planning (Scotland) Act 1997; as required to accommodate the development.

Affordable Housing comment 17/07/2013

1. Introduction

I refer to the consultation request from the Planning Department about this planning application.

Services for Communities have developed a methodology for assessing housing requirements by tenure, which supports an Affordable Housing Policy (AHP) for the city.

• The AHP makes the provision of affordable housing a planning condition for sites over a particular size. The proportion of affordable housing required is set at 25% (of total units) for all proposals of 12 units or more.

• This is consistent with Policy Hou 7 Affordable Housing in the Finalised Edinburgh City Local Plan.

2. Affordable Housing Provision

As this proposal is for 54 homes the AHP will apply i.e. a minimum of 25% of the homes will be required to be of approved affordable housing tenures.

The applicant, Castle Rock Edinvar Housing Association, has indicated that all the homes on this site will be social housing designed to suit the requirements of an ageing population. They will provide a mix of high quality 1 and 2 bedroom flats offering independent living for the elderly with a caretaker service. No provision is made for family housing as the homes are aimed at elderly residents. This approach reflects practice in the private sector and is considered acceptable by this department.

This site will be the recipient of a commuted sum which the Council has received from a nearby development of retirement homes provided by McCarthey & Stone and as such the delivery of affordable housing for the elderly is supported.

Development Management sub committee – 23 October 2013 Page 23 of 26 3. Summary

In terms of the delivery of affordable housing, this proposal is welcomed by this department. It will deliver 100% affordable homes which are will satisfy a much needed demand for high quality affordable housing for the elderly population of Edinburgh and will provide a highly acceptable use of the commuted sum which it will receive.

Environmental Assessment comment 13/09/2013

The application proposes to develop 54 residential properties on a cleared site which was previously occupied by residential properties. A school with sports pitches is situated to the north-east with Moredun Park situated to the south-east. A community centre and church are situated to the south with residential properties across Moredun Park Street to the north-west.

A noise impact assessment has been provided in support of the application which considers the operations of the community centre. The report advises that on occasion, some of the community centre activities may be audible within 18 of the proposed residential units within the development. Therefore, the agent for the application has confirmed that barrier mitigation, improved glazing specifications and additional passive ventilation (which meets the requirements of the Building Regulations in terms of fresh air ventilation rates and with suitable acoustic performance) will be fitted within 8 of the properties affected by noise. Such measures will allow the occupants of these application properties to keep their windows closed during times when noisier community centre events are occurring whilst also ensuring a suitable level of amenity in terms of ventilation needs. The noise impact assessment also confirms that 10 of the closest properties require secondary glazing and ventilation in addition to the measures being utilised within the other 8 properties which could be affected by noise to ensure adequate protection from noise. However, the agent has confirmed that the applicant is unwilling to add these additional mitigation measures as recommended within the noise impact assessment. In effect, should noise complaints be received by the Council from occupants of this development in the future, enforcement action may be initiated against the community centre. Therefore, this development could impact upon the operations of the community centre in the future. It is the opinion of this section that the additional measures recommended within the noise impact assessment should be integrated into the development and support for the application cannot be provided by this section in the knowledge that the amenity of the residents may be affected by community centre noise until the late evening hours (especially when there are measures available to address the problem).

Craigour Park Primary School has sports pitches with associated floodlighting situated to the north-east. Sports pitches and floodlighting can impact upon residential amenity by way of noise, glare and light spillage if not properly controlled. In this regard, the development has been designed with no gable windows overlooking the sports pitches to reduce any detrimental effects from the pitches. However, some of the proposed property windows and balconies will still have an angled view towards the existing floodlights and noise from the pitches may be audible within the proposed development on occasion. Therefore, should glare become problematic within the proposed development, it is likely that the school will be required to baffle or redirect the lighting bulbs. Considering the application site was previously occupied by residential properties and no complaints were received by the Council relating to light intrusion or noise and that the school pitches are already surrounded by residential properties to the north-west, it is not expected that the sports pitches will unreasonably impact upon

Development Management sub committee – 23 October 2013 Page 24 of 26 the development. In addition, a condition was attached to the school floodlighting application (04/02477/CEC) which requires light spillage onto neighbouring land to be adequately controlled.

A plant room is proposed on the north-east boundary of the site which has been considered in terms of the proposed flue heights and they are deemed acceptable by this section. A condition will ensure that nearby residential properties are protected from noise from the plant room and ensure that noise is within the limits recommended by this section.

Additional information has been provided in support of the application which indicates that the site is safe for the proposed end use in terms of land contamination and gas. Therefore, no further information is required by this section in this regard.

Therefore, due to the noise concerns highlighted above, Environmental Assessment is not in a position to support the application. However, should planning deem the application as acceptable, the following conditions and informative are recommended protecting the development from noise (which do not include the additional recommended secondary glazing and ventilation measures):

Community Centre Protection Measures Condition

The noise protection measures to the proposed properties, as defined in the Robin Mackenzie Partnership 'Environmental Noise Assessment' report (Ref R-6421-CS2- RGM), shall be carried out in full and completed prior to the development being occupied.

Those measures comprise the following works:

1. A barrier (2 metres high and of minimum density 15kg/m2) should be erected and sited as shown in drawing reference 0917/SK-85.

2. Glazing units with a minimum insulation value of Rtra 29dB (e.g. 6mm float glass/14mm cavity/4mm float glass) and trickle ventilator with minimum insulation level of Dn,e,w 33dB should be installed within the properties shown as affected by noise in drawing reference 0917/SK-85.

Informative

Trickle vents are to be fitted to all windows as required to comply with Technical Standard 3.14 of the Domestic Handbook. All ventilators should be passive requiring no energy to operate.

Plant Room Condition

The design, installation and operation of any plant, machinery or equipment shall be such that any associated noise complies with NR25 when measured within any nearby living apartment, and no structure borne vibration is perceptible within any nearby living apartment.

Development Management sub committee – 23 October 2013 Page 25 of 26

Location Plan

© Crown Copyright and database right 2013. All rights reserved. Ordnance Survey License number 100023420 END

Development Management sub committee – 23 October 2013 Page 26 of 26 Development Management Sub Committee

Wednesday 23 October 2013

Application for Planning Permission 13/01160/FUL At 68 North Street, Ratho, EH28 8RR Alter and change the use of existing office to residential and change of use of public green space to garden ground.

Item number Report number Wards A02 - Pentland Hills

Links

Policies and guidance for LPRW, RWE43, RWH4, RWTRA4, RWE51, NSG, this application NSBUS, NSP, OTH, NSOSS,

David R. Leslie Acting Head of Planning and Building Standards

Contact: Brian Fleming, Planning Officer E-mail:[email protected] Tel:0131 529 3518

Executive summary

Application for Planning Permission 13/01160/FUL At 68 North Street, Ratho, EH28 8RR Alter and change the use of existing office to residential and change of use of public green space to garden ground.

Summary

The proposal is contrary to the open space policies within the adopted Local Plan. However, the significance of the development is small in relation to the aims of the local plan policy and the extent of the wider open space in the vicinity. The change from public open space to private garden will not adversely affect the character of the area. The alteration and conversion from office to residential complies with the development plan and whilst it does not fully comply with non-statutory guidelines, the proposal will not adversely affect neighbouring residential amenity. A departure is therefore justified. Recommendations

It is recommended that this application be Granted subject to the details below (in section 3 of the main report). Financial impact

There are no financial implications to the Council. Equalities impact

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

This application is not subject to the sustainability requirements of the Edinburgh Design Guidance. Consultation and engagement

Pre-Application Process

Pre-application discussions took place on this application.

Publicity summary of representations and Community Council comments

The application was advertised on 23 August 2013 and two letters of representation were received. These included comments from a neighbouring resident and Ratho and

District Community Council. The letters of representation raised the following material issues:

Material objections/concerns

• loss of public land.

Community Council

The Ratho and District Community Council commented on the ownership of the land and loss of public land.

A full assessment of the representations can be found in the main report in the Assessment section.

Background reading / external references

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

Development Management sub committee – 23 October 2013 Page 3 of 12 Report

Application for Planning Permission 13/01160/FUL At 68 North Street, Ratho, EH28 8RR Alter and change the use of existing office to residential and change of use of public green space to garden ground.

1. Background

1.1 Site description

The application site is a single storey office building located on the northern side of Main Street, Ratho. It is at the south-eastern end of a parade of commercial units. There is a grassed area to the south facing onto Main Street.

The building has a stone frontage onto Main Street with a slate finish to a pitched roof with a gable end. The north facing elevation of the building is finished in a form of concrete cladding. The property adjoins a three storey tenement building to the west which is in residential use although the ground floor, in the main, contains commercial units.

The grassed area forms part of a larger area of open space which fronts the buildings facing Main Street. The open space is fully enclosed by a metre high metal post and wire mesh fence with a gate at the north-east corner of the application site.

The Ratho Conservation Area boundary runs along the south side of Main Street.

1.2 Site History

February 1991- planning permission refused for a change of use of a hairdresser to a hot food takeaway (Reference: 90/02957/FUL).

June 1992- planning permission refused for a change of use of a hairdresser to a hot food takeaway (Reference: 91/02893/FUL).

October 1995- planning permission refused for a change of use of a hairdresser to a hot food takeaway (Reference: 95/01961/FUL).

November 1995- planning permission granted for a change of use of a shop to an office (Reference: 95/02605/FUL).

April 2013- planning application to alter and change the use of an existing Class 4 Office to Class 9 single dwelling house including the installation of rooflights and a dormer window withdrawn (Reference: 12/02011/FUL).

Development Management sub committee – 23 October 2013 Page 4 of 12 2. Main report

2.1 Description Of The Proposal

It is proposed to alter and change the use of the office to a dwelling house and change the use of land to the south side of the building from public open space to a private garden.

The alterations include the formation of a dormer window on the south elevation and a dormer window with two rooflights on the north. It is also proposed to enlarge the existing windows and form a new door with an access ramp on the south side.

The dormers will be timber framed with a paint finish. The surrounds of the dormers will be clad in painted timber shiplap boarding with painted timber fascias.

The proposal was revised to include details of the ramp and the delineation of the garden area.

2.2 Determining Issues

Do the proposals comply with the development plan?

If the proposals do comply with the development plan, are there any compelling reasons for not approving them?

If the proposals do not comply with the development plan, are there any compelling reasons for approving them?

2.3 Assessment

To address these determining issues, the Committee needs to consider whether: a) the principle of the proposal is acceptable; b) the proposal is acceptable in terms of design; c) the proposal will adversely affect neighbouring residential amenity; d) the proposal raises any road safety issues; e) representations raise issues to be addressed; and f) the proposal raises any equalities or human rights issues.

Development Management sub committee – 23 October 2013 Page 5 of 12 a) Principle

Policy H4 of the Rural West Edinburgh Local Plan (RWELP) (Conversion and Sub- division) sets the circumstances in which a change of use from a non-residential building to a house will be permitted in built-up areas defined on the proposals map. Housing within the settlement boundary is therefore acceptable in principle subject to (a) there being no unacceptable loss of amenity or architectural/historic character; (b) satisfactory standards of accommodation and access to garden amenity can be achieved; (c) satisfactory arrangements for adequate car parking facilities can be made; and (d) the building is not in a protected retail frontage or centre.

In respect of (a) regard shall also be had to policy E51 of the RWELP (Protection of Open Space) in relation to the protection of open space.

The land proposed as garden ground was purchased from the City of Edinburgh Council in March 2011. It is located immediately to the south of the building and is partially enclosed by a fence and accessed via a gate.

Whilst no alternative provision has been made, the area of land subject of the application has no recreational or nature conservation value and has limited community benefit and accessibility. Notwithstanding this, the land is public open space and contributes to the character of the surrounding area. The remaining public open space to the east and west of the site and the grassed roadside verges to the south will, however, maintain the character and appearance of the surrounding area.

The property and land is located in an area where access to green space currently meets the standards set out in the Open Space Strategy. No significant loss of public open space in terms of recreational, nature conservation or amenity value will occur and an exception to policy E51 is justified in this instance.

Given the position of the land in relation to the building which is of a residential character, the adjacent residential properties and its restricted accessibility due to it being partially enclosed, it already has the characteristics and appearance of a private garden. The change to private garden will not significantly alter its character and appearance. It will remain an area of open land

In relation to (b) the proposal provides a gross internal floor area of approximately 97 sq.m. In addition, the property will be dual aspect and have access to a garden. It is therefore concluded that the proposal will ensure that a satisfactory living environment is achieved.

In relation to (c) no private parking is proposed. However, adequate on street parking exists in the immediate area.

In respect of (d) the existing building is located within a shopping parade. However, it does not form part of a protected frontage or centre.

The proposal therefore complies with policy H4 of the Rural West Edinburgh Local Plan and an exception to policy E51 is justified. The proposal is therefore acceptable in principle.

Development Management sub committee – 23 October 2013 Page 6 of 12 b) Design

The proposed alterations are minor in nature and the dormer windows comply with non- statutory guidance in relation to their width and positioning on the roof. The proposed materials for the dormer windows are appropriate. The proposed fence subdividing the garden from the open space to its west is post and wire to match the existing enclosure. The ramp to the entrance door on its south side will be of facing brick to match the base wall of the house with a concrete slab surface. The proposal is acceptable in terms of design. c) Residential Amenity

The proposal does not raise any daylighting or sunlight issues.

In respect of privacy, the dormer window on the north side overlooks a footpath and a car parking area. The dormer on the south side is marginally over nine metres away from its respective boundary. Notwithstanding this, a privacy distance in excess of eighteen metres is maintained between the dormer and the houses on the south side of Main Street. The proposal therefore raises no privacy concerns.

The proposal will not have an adverse effect on neighbouring residential amenity. d) Road Safety

No private parking is proposed. However, adequate on street parking exists in the immediate area and no road safety concerns arise. Transport Planning has no objections. e) Representations

Material representations

• sale of land which was formerly public green space and the loss of public green space, taken account of in assessment a) above.

Non-material representations- none were raised.

Community Council Comments- Ratho and District Community Council was not a statutory consultee but did raise concerns in relation to the sale of the land, loss of public green space and questioned the ownership of the land subject of the planning application. This is taken account of in assessment a) above. It also expressed interest in the land for the provision of a public noticeboard. However, this is not a planning consideration. f) Equalities and Human Rights

The proposal raises no equalities or human rights issues.

Conclusion

In conclusion, there are compelling reasons which justify a departure from the development plan in relation to the change of use of the land and the proposals will not

Development Management sub committee – 23 October 2013 Page 7 of 12 prejudice neighbouring residential amenity or road safety. There are no material considerations which outweigh this conclusion.

3. Recommendations

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

3.2 Conditions/reasons Conditions:-

1. The applicant shall provide an alternative means of access to the remaining public greenspace to the west of the application site for grounds maintenance for a pedestrian lawnmower with an approximate cutting width of 1270mm prior to the works commencing on site.

Reasons:-

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

Informatives

It should be noted that:

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

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

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

Statutory Development Plan Provision The application property is an unlisted building within the Settlement Boundary of Ratho in the Rural West Edinburgh Local Plan.

Development Management sub committee – 23 October 2013 Page 8 of 12 Date registered 10 April 2013

Drawing numbers/Scheme 01-02 and 03A,

Scheme 2

David R. Leslie Acting Head of Planning and Building Standards

Development Management sub committee – 23 October 2013 Page 9 of 12

Links - Policies

Relevant Policies:

Relevant policies of the Rural West Edinburgh Local Plan.

Policy E43 says that alterations and extensions to existing buildings, where acceptable in principle, should be subservient and relate carefully to the original building.

Policy H4 supports the change of use of suitable non-residential buildings to housing and sub-division of a residential building to form new or additional residential units in the built-up areas subject to certain criteria.

Policy TRA4 says that development proposals should make specific provision for the needs of cyclists and pedestrians and provide convenient and safe access to existing or proposed networks where practicable

Policy E51 seeks to retain public and private open space of recreational, amenity or nature conservation value.

Relevant Non-Statutory Guidelines

Non-statutory guidelines 'GUIDANCE FOR BUSINESSES' provides guidance for proposals likely to be made on behalf of businesses. It includes food and drink uses, conversion to residential use, changing housing to commercial uses, altering shopfronts and signage and advertisements.

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

Other Relevant policy guidance

The Open Space Strategy and the audit and action plans which support it are used to interpret local plan policies on the loss of open space and the provision or improvement of open space through new development.

Appendix 1

Consultations

Ratho and District Community Council

There seems very little information attached to this application. No date details are included, so Ratho and District Community Council (RDCC) don’t know if we can be consulted on it or not. RDCC comment as follows:

On the one hand the application says it is to ‘Alter and change the use of existing office to residential and change of use of public green space to garden ground.’

On the other hand the application ticks the ‘YES’ box against the question ‘Are you/the applicant the sole owner of ALL the land?

Surely both cannot be true the applicant can’t be the ‘sole owner’ of ‘public green space’. In addition the ‘public open space’ is not identified on the plan.

In any event, the Community Council wishes to object to the loss of public green space, particularly within the Conservation Area.

The Community Council had only just identified this space as a potential site for a public notice board, which the village currently lacks.

Transport Planning

No objections.

Informative

This is a change of use from office to dwelling house therefore there is no land available for parking. The majority of house holders in this area do not have driveways and subsequently park on the existing public road. The introduction of one dwelling house will not adversely affect the parking on the existing public road.

Development Management sub committee – 23 October 2013 Page 11 of 12

Location Plan

© Crown Copyright and database right 2013. All rights reserved. Ordnance Survey License number 100023420 END

Development Management sub committee – 23 October 2013 Page 12 of 12 Development Management Sub Committee

Wednesday 23 October 2013

Application for Certificate of Lawfulness (proposed) 13/03317/CLP At 45 Queen Margaret Close, Edinburgh, EH10 7EE Certificate of lawfulness for a proposed use or development to remove garage door and build up opening in facing brick to match existing walls and new projecting window.

Item number Report number Wards A08 - Colinton/Fairmilehead

Links

Policies and guidance for , this application

David R. Leslie Acting Head of Planning and Building Standards

Contact: Michael Paton, Planning Officer E-mail:[email protected] Tel:0131 529 3902

Executive summary

Application for Certificate of Lawfulness (proposed) 13/03317/CLP At 45 Queen Margaret Close, Edinburgh, EH10 7EE Certificate of lawfulness for a proposed use or development to remove garage door and build up opening in facing brick to match existing walls and new projecting window.

Summary

The proposed alterations are permitted development under the provisions of Class 1A of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended), and the internal alterations and formation of an unheated store from the existing garage do not constitute development under Section 26 of the Town and Country Planning (Scotland) Act 1997.

The proposals are lawful. Recommendations

It is recommended that this application be Granted subject to the details below (in section 3 of the main report). Financial impact

There are no financial implications to the Council. Equalities impact

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

This application is not subject to the sustainability requirements of the Edinburgh Design Guidance. Consultation and engagement

Pre-Application Process

Pre application advice was given on procedural matters.

Publicity summary of representations and Community Council comments

No representations have been received.

Background reading / external references

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

Development Management sub committee – 23 October 2013 Page 3 of 9 Report

Application for Certificate of Lawfulness (proposed) 13/03317/CLP At 45 Queen Margaret Close, Edinburgh, EH10 7EE Certificate of lawfulness for a proposed use or development to remove garage door and build up opening in facing brick to match existing walls and new projecting window. 1. Background

1.1 Site description

The application site comprises a modern detached house within a wholly residential area, characterised by similar properties.

1.2 Site History

25 May 2001 - planning permission granted for upward extension to existing garage, subject to a condition requiring any changes to the fenestration pattern on the south elevation of the extension to be the subject of further written approval (01/00845/FUL). 2. Main report

2.1 Description Of The Proposal

The application is for the formation of an additional bay window on the front (west) elevation, projecting 0.45 metres from the existing front wall and matching an existing projecting window to the north. The ridge height is 3.4 metres and the eaves height is 2.6 metres. The proposed window is to be constructed no further forward than the existing front windows.

The accommodation currently comprises a garage and will now serve a store.

Principal materials are to match the existing house.

2.2 Determining Issues

On the facts of the case and the planning law applicable to the site, is the specified use, operational development or failure to comply with a condition, lawful?

2.3 Assessment

To address these determining issues, the Committee needs to consider whether: a)the proposed alterations are permitted development under the provisions of Class 1A of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended) and whether the formation of an unheated store from the existing garage constitutes development under Section 26 of the Town and Country Planning

Development Management sub committee – 23 October 2013 Page 4 of 9 (Scotland) Act 1997. Assessment under Class 1A is required, as the proposals involve a minor enlargement of the property in terms of volume.

(a) The extension is not to be constructed forward of a wall forming part of the principal elevation, or a side elevation fronting a road.

(b) The extension is not on the rear elevation.

(c) The eaves height is less than 3 metres.

(d) The maximum height is less than 4 metres.

(e) The resulting ground coverage is less than twice the area covered by the original house.

(f) The extension occupies less than 50% of the open front garden.

(g) The property is not listed nor within a conservation area.

There is no record of permitted development rights having been removed by condition of planning consent.

On the basis of the information submitted, the proposed alterations are permitted development under Class 1A of the above Order.

The internal alterations and use of the existing garage space as a store do not constitute development under Section 26 of the above Act.

The proposals have no implications for the condition attached to the planning consent granted in 2001 (see History).

The proposals are lawful. It is recommended that the Committee grants the Certificate.

Committee consideration is required as the applicant is a senior Council officer.

3. Recommendations

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

3.2 Conditions/reasons

1. None.

Development Management sub committee – 23 October 2013 Page 5 of 9

Statutory Development Plan Provision The application is for a certificate of lawfulness. There are no relevant development plan policies or non- statutory guidelines.

Date registered 20 August 2013

Drawing numbers/Scheme 01,

Scheme 1

David R. Leslie Acting Head of Planning and Building Standards

Development Management sub committee – 23 October 2013 Page 6 of 9

Links - Policies

Appendix 1

Consultations

No consultations undertaken.

Location Plan

Development Management sub committee – 23 October 2013 Page 8 of 9

© Crown Copyright and database right 2013. All rights reserved. Ordnance Survey License number 100023420 END

Development Management sub committee – 23 October 2013 Page 9 of 9 Development Management Sub Committee

Wednesday 23 October 2013

Application for Planning Permission in Principle 10/03449/PPP At Land 335 Metres Southwest Of, 103 Newcraighall Road, Edinburgh Development including new housing, potential mixed-use facilities, open space, access and services infrastructure

Item number Report number Wards A17 - Portobello/Craigmillar

Links

Policies and guidance for SPPOL, SPHOU3, SPHOU4, SPHOU5, SPHOU8, this application SPHO10, SPEN02, LPC, CITD1, CITD2, CITD3, CITD4, CITD5, CITD6, CITD8, CITE3, CITE8, CITE9, CITE10, CITE12, CITE15, CITE16, CITE17, CITE18, CITOS1, CITH1, CITH2, CITH3, CITH4, CITH7, CITCO1, CITCO2, CITT1, CITT2, CITT4, CITT5, CITT13, CITI6, NSG, NSP, NSMDV, NSDCAH, NSGESB, NSBIO, NSQULA,

David R. Leslie Acting Head of Planning and Building Standards

Contact: Kenneth Bowes, Planning Officer E-mail:[email protected] Tel:0131 529 6724

Executive summary

Application for Planning Permission in Principle 10/03449/PPP At Land 335 Metres Southwest Of, 103 Newcraighall Road, Edinburgh Development including new housing, potential mixed-use facilities, open space, access and services infrastructure

Outcome of previous Committee

This application was previously considered by Committee on 22.06.2011

The proposed hearing did not take place and the decision was taken to refer consideration of the matter, including any hearing, to a future meeting to allow for a further report to be made by the Council’s Monitoring Officer.

The Monitoring Officer has now carried out his review and made a number of recommendations. This included that the Council could proceed on the basis of the sites not being within Green Belt, that the application should be re-advertised as being contrary to the development plan and the committee reports should take into account any further representations and other relevant material considerations. Further details of the Monitoring Officer’s review can be found on page 14.

Previous Committee The application was previously considered by Committee on 23.11.2011

Outcome of previous Committee The Committee decided to continue consideration of the application to ask the Head of Planning and Building Standards to negotiate with the applicants with a view to a reduction of the number of units proposed for the site. The application is returning to Committee with the outcome of the discussions set out in the addendum at the end of the report.

Previous Committee The application was previously considered by Committee on 18.01.2012.

Outcome of previous Committee The Committee was minded to grant the application with a reduced number of units. This was subject to, amongst other things, a legal agreement being provided to ensure that affordable housing, increased school capacity, transport infrastructure, an all- weather pitch, and a travel plan were secured.

The applicant is still willing to meet these requirements, but is seeking to change the proposed arrangements for delivery. This is set out in detail in the addendum to this report along with the recommendation.

Summary

The proposal is contrary to the development plan in terms of it being development on greenfield land. However, the site is within the Urban Area and a departure can be justified in this instance. There is a need for housing with the effective land supply in Edinburgh only 45% of the requirement. The site is capable of development, in a sustainable and suitable location and its development will afford regeneration benefits. These outweigh the fact that the site is greenfield. Recommendations

It is recommended that this application be Granted subject to the details below (in section 3 of the main report). Financial impact

The applicant is EDI, a Council arms length company.

The application is subject to a legal agreement for developer contributions. Equalities impact

The application is for the principle of development on the site. A full Equalities and Impact Assessment will be undertaken when the full details of the proposals are submitted as part of an AMC application. Sustainability impact

The application is for the principle of development on the site. A condition requires that any relevant subsequent Approval of Matters Specified in Conditions submissions include information on sustainability. Consultation and engagement

Pre-Application Process

In accordance with the Planning etc (Scotland) Act 2006, a Proposal of Application Notice (10/01515/PAN) was registered on 31 May 2010. Copies of the Notice were also issued to Portobello Community Council, Craigmillar Community Council, Councillor Child, Councillor Hawkins, Councillor Bridgman, Sheila Gilmore MP, Kenny MacAskill MSP, Newcraighall Residents Association and Gilberstoun Residents Association, Craigmillar and Portobello Libraries and Portobello / Craigmillar Neighbourhood Partnership.

18 June 2010 - A public consultation event was held between 3-9pm at Newcraighall Primary School. This was advertised in the Edinburgh Evening News between 10th and 18th June 2010, posters advertising the event were placed in the local libraries, primary school and around Newcraighall. Invitations were also e-mailed to local politicians, councillors and community council members.

Development Management sub committee – 23 October 2013 Page 3 of 77 48 feedback forms and several letters were received either at the event or shortly afterwards.

3 November 2010 – A joint public consultation event (with the applicants for Newcraighall East) was held between 5.15pm-9pm at Newcraighall Primary School. Invitations were sent out to local residents in Newcraighall and Gilberstoun alongside other relevant stakeholders. The event was also advertised in local libraries, the East Neighbourhood office and the Neighbourhood Partnership website.

The event was attended by 61 individuals with 10 feedback forms received.

Full details can be found in the Pre-Application Consultation report, which sets out the findings from the community consultation. This is available to view on the Planning and Building Standards Portal.

A pre-committee report on the proposals was presented to the Development Management Sub-Committee on 10 November 2010.

The proposals were submitted to the Urban Design Panel on 27 October 2010. Full details of the response can be found in the Consultations section

Publicity summary of representations and Community Council comments

The application was advertised on the 14 January 2011 and attracted a total of 60 representations including 50 from local residents, 6 of which are in the form of a petition. Objections were also received from Newcraighall Heritage and Resident’s Association, SPOKES, Wellsprings Church, Regius School, Queen Margaret University, CTC Lothians, Sheila Gilmore MP and two developers involved in the local plan legal challenge. A letter of comment has also been received from Sustrans

The material points of objection/ comment are:

Issues of principle, taken account in assessment (a); - pending ECLP legal challenge and the Council should grant an undertaking not to grant planning permission until outcome known. - housing proposals of this scale are against the ECLP Report of Inquiry recommendation for only 140 houses on this site due to various constraints. - viability of proposed development and the ability for it to be delivered within the current Structure Plan period. - the need for housing in this area and the allocation should be removed from the development plan. - overdevelopment of the area alongside other nearby developments. - unsustainable location, a lack of facilities, and more suitable brownfield sites must be available. - loss of Green Belt land and Green Belt Study Stage 2 (December 2008) ignored. - loss of agricultural land.

Landscape and visual impact issues taken account in assessment (b); - development would treble the size of the existing village. - Proposed new junctions will impact on the village green. - Development encroaches on remaining Green Belt at Walton Walls farm and removal of bridge will further weaken the Green Belt boundary at this area leading to coalescence with Musselburgh.

Development Management sub committee – 23 October 2013 Page 4 of 77

Transport and access issues, taken account in assessment (c); - increase in traffic and congestion on an already strained and narrow road in a busy area due to nearby facilities. - no bus lay-bys on Newcraighall Road adding to congestion. - the Traffic Assessment survey information is inaccurate and inadequate. An independent survey is required looking at the wider area. - unsafe access and egress to site with insufficient visibility splays. - Unclear treatment of bridge abutments - bridge abutment and existing bridge should be retained as it provides a crossing point and aids in slowing traffic down. - poor bus service which is restricted to single deck buses due to the height of bridges. A financial contribution should be sought to lower the road under the bridge adjacent Newcraighall Park & Ride - loss of existing car parking where new access proposed. - masterplan drawing omits new housing in Wanton Walls area giving a false impression of impact on them.

Cycling and pedestrian issues, taken account of in assessment (d); - No improvements for pedestrians travelling to Fort Kinnaird. - No proper footpath has been proposed to link the development with Gilberstoun residential area. - pedestrian safety and lack of pedestrian crossings on Newcraighall Road. - impact on footpath to the rear of Whitehill Street - cycle routes does not appear to be an improvement. - cycle routes and paths should not be re-routed - disused railway bridge forms part of core path CEC 5 Innocent Railway and its removal will be contrary to ECLP Policy Tra 13. - removal of railway bridge acceptable provide alternative at grade crossings are provided.

Natural heritage issues, taken account in assessment (e); - impact on the LNCS – with no proposal to replace this with habitat of greater or equal value. - submitted Ecology Statement does not reflect what is proposed in the application and does not support the development. - negative impact on wildlife and on badger setts in the area - removes potential for public realm improvements in this area.

Design and building use issues, taken account in assessment (f); - proposed houses not in keeping with surrounding properties at Gilberstoun and Newcraighall - layout and form of development is inappropriate for the site footprint - housing density is too high - unnecessary retail development. - proposed development will lead to overshadowing and a loss of privacy to existing residents. - the removal of railway and pedestrian bridge would result in loss of heritage. - lack of useable open space proposed for future residents.

Amenity taken, account in assessment (f);

Development Management sub committee – 23 October 2013 Page 5 of 77 - the development would impact on existing residents’ quality of life. - air quality has not been suitably addressed. - the development would lead to a further increase in noise. - the electricity pylons represent a health risk. - the development would lead to an increase in anti-social behaviour.

Land stability, taken account in assessment (h); - undermined land – land stability issues and coal authority reports often incomplete.

Flooding and associated infrastructure, taken account of in assessment (i); - SUDs pond cannot be located in an area at risk of flooding and will result in a danger to children. - Water and sewage network will not be able to cope.

School Capacity, taken account of in assessment (j); - insufficient school capacity

Other issues relating to the timing of the application submission, conservation area concerns, impact during the construction stage, and third party ownership are not material considerations

Second Consultation 2 September – 23 September 2011 The application was re-advertised on 2 September 2011. This attracted 83 representations, of this number 26 were further representations from those who had previously made representations and 57 were new representations.

The majority of the points raised during the earlier period have been reiterated and already summarised above. These include issues in relation to the adequacy of the existing transport infrastructure and traffic impact, impact on the amenity of the village and its infrastructure including, flood risk, mining legacy, school capacity and the lack of facilities in the area (or in some instances statements that no further facilities are required).

Issues of principle, taken account in assessment (a);

- The Court of Session quashed the housing allocation. - Proposal is contrary to ECLP Policy Hou 1 as it is not named as a development site and there is no longer a presumption for housing development here. - The Council decided not to appeal against the Court of Session ruling and therefore has agreed in principle that Lord Malcolm’s ruling was solid. If plans are not rejected there will be strong grounds for judicial review. - Court of Session ruled that the same proposals were deemed as inappropriate for Newcraighall. - There is the need for a comprehensive comparative assessment of all sites originally considered in the local plan and any other sites which may have become available. Such an assessment should include criteria in relation to viability of the sites, potential delays in bringing sites forward and environmental effects to the areas in and around the sites. - Proposal is contrary to Structure Plan Policy HOU 8 Development on Greenfield Land. - Structure Plan strategy is to restrain outward growth of the city, priorities brownfield land and locate new development where it is accessible by foot, cycle and public transport.

Development Management sub committee – 23 October 2013 Page 6 of 77 - Although the Reporter allowed an appeal at Burdiehouse for housing they noted that policies requiring development on urban fringe sites is at odds with thrust to direct most new development to brownfield locations and limit green belt releases. - No longer the requirement for 420 houses to be built at Newcraighall, over half of this is now being provided at Dreghorn and Burdiehouse. Balance could be found elsewhere on existing housing sites that are previously developed, such sites should take priority. - Proposals have not been altered since originally submitted even after Court of Session decision and successful appeals elsewhere in the urban fringe. - Structure Plan Policy ENV 2 states a continuous Green Belt will be maintained around Edinburgh. Development would not achieve this. Proposals would be against the spirit of this policy and blur the distinction with the City and Musselburgh. - Landscape setting of Edinburgh would be severely compromised if the Green Belt was to be weakened at this point by housing developments. - Land should be re-instated as green belt in next Local Development Plan - The Council is incorrect in what it constitutes the development plan. It is a matter of law not a planning judgement. Following the quashing the correct development plan for the purposes of the application is the South East Edinburgh Local Plan, which places the site in Green Belt. - Site is in Green Belt which only allows limited uses, not large scale housing proposals. - Previously the Council has stated that no development would be allowed on Green Belt. - Land is constrained and not effective - No need for regeneration in Newcraighall

Landscape and visual impact issues, taken account of in assessment (b); - Proposals would be against the spirit Green Belt policy and blur the distinction with the City and Musselburgh. - Landscape setting of Edinburgh would be severely compromised if the Green Belt was to be weakened at this point by housing developments. - Land is currently of immense value to residents for walking, cycling and play.

Transport and access issues, taken account of in assessment (c); - Access to the site will have a drastic effect on the existing cottages. - Train service unreliable - The new access road will between the existing cottages will have an impact on the village green and serve to split the village.

Amenity issues taken account of in assessment (f); - Impact on the quality of life of local residents has not been fairly assessed. - Land is currently of immense value to residents for walking, cycling and play

Non-material - Council has a financial interest in the application as guarantor for EDI and is not the appropriate body to take a decision on this application. - Previous pre-application process undertaken is no longer valid and the 12 week process should be redone.

Development Management sub committee – 23 October 2013 Page 7 of 77 Background reading / external references

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

Development Management sub committee – 23 October 2013 Page 8 of 77 Report

Application for Planning Permission in Principle 10/03449/PPP At Land 335 Metres Southwest Of, 103 Newcraighall Road, Edinburgh Development including new housing, potential mixed-use facilities, open space, access and services infrastructure 1. Background

1.1 Site description

The site is referred to as Newcraighall North. The site, covering 9.5 hectares, is triangular in shape, relatively flat, and predominantly in agricultural use. It is located to the north of Newcraighall village, south of housing development at Brunstane known as Gilberstoun.

The eastern boundary of the site is formed by a disused railway embankment that now carries a footpath/cycle path, part of National Cycle Route 1, whilst a high voltage transmission line follows the same route. The wider area of agricultural land to the east is designated as Green Belt. Structural planting on the western boundary separates the site from the existing residential area at Brunstane.

An abandoned and overgrown railway line, which is designated as a Local Nature Conservation Site, forms the southern boundary of the site. Further south is Whitehill Street where the majority of the properties on the northern side of the road are category C(s) listed. (Ref 29912-29916, listed 29 April 1977). Further east Wanton Walls farm is also C(s) listed (Ref 46550, listed 12 January 2000).

A north south path (an asserted right of way) dissects the site linking the two former railway lines. Existing bridge abutments are located to the south east of the site, the western one has part of its bridge still intact.

1.2 Site History

Although there have been no relevant planning applications for the site, the consideration of the site in the local plan process has relevance.

(a) Edinburgh City Local Plan (ECLP) In January 2006, the Planning Committee approved in principle the allocation of Newcraighall North in the consultative draft Local Plan. It was proposed that the strategic requirement for 400 houses on the urban fringe, as set out in Policy HOU 3 of the Edinburgh and Lothian’s Structure Plan, be met through the development of two sites at Newcraighall. These two sites were considered to be the most suitable and sustainable options available for a number of reasons: - acceptable impact on the Green Belt; - proposals will result in phased, integrated extension of an existing community;

Development Management sub committee – 23 October 2013 Page 9 of 77 - opportunity to provide and improve community facilities for the benefit of existing and new residents; - good accessibility by public transport; - proximity to major shopping facilities at Fort Kinnaird to the west; - proximity to existing and proposed employment opportunities at Newcraighall and at Queen Margaret University and Craighall Business Park in East Lothian; - existing capacity in primary schools, subject to necessary developer contributions and phasing; - identification of sites in the east of the city provides a choice of greenfield housing locations and will balance the provision that is being made to the west in the Rural West Edinburgh Local Plan.

The finalised Edinburgh City Local Plan (2007) continued to allocate the two sites to meet the strategic housing requirements of the Edinburgh and Lothian’s Structure Plan for 400 dwellings in the urban fringe - Newcraighall East for 220 dwellings and at Newcraighall North for 200 dwellings.

This local plan was also accompanied by an SEA Environmental Report which concluded that housing on the site would have an acceptable environmental impact and any negative or uncertain impacts could be mitigated.

Alternative sites were put forward for allocation by objectors to the finalised ECLP, including land at Burdiehouse and Dreghorn. These representations were considered through the Edinburgh City Local Plan Public Inquiry in 2008.

Report of Inquiry The local plan inquiry Reporters undertook a comparative assessment of all sites put forward to be considered to make up the Structure Plan urban fringe requirement.

Their comparative assessment was based on criteria found in Scottish Planning Policy 3 (applicable at the time of the inquiry) in relation to effectiveness and Structure Plan policies (namely HOU 4 Meeting Housing Allocations and HOU 5 Infrastructure).

The assessment had regard to its effectiveness which includes the following matters: ownership; physical features (including slope, aspect, flood risk, ground stability or access); contamination; deficit funding; marketability; infrastructure; and land use. They also considered infrastructure requirements, transport network links, green belt objectives, local environmental impacts and scope for integration and also any other significant benefits or avoidable costs.

They found that most if not all of the site would be effective or likely to be within the local plan period. They commended the site for its transport network linkages noting the site was particularity well located in respect of all main transport modes.

The main concern that the Reporters had was with the uncertainty of ground conditions due to the former mine workings within the site. The evidence put forward at the time of the inquiry only relied on small number of borehole samples. They were of the mind that due to uncertainty with the ground conditions that part of the site may be ruled out for developed and that the cost of any remediation may affect the viability of the site. The Reporters also noted that a reduced capacity allocation would have the benefit of providing opportunities elsewhere on the urban fringe of Edinburgh to allocate other strategic housing sites.

Development Management sub committee – 23 October 2013 Page 10 of 77 The reporters therefore recommended that the capacity of the site should be reduced to 140 units to take into account uncertainties in ground conditions, a standoff from the pylons and also a lower density of 25 dwellings per hectare. The actual boundary of the allocation would remain the same as in the finalised ECLP. The reporters did however note that dependent on detailed site and market appraisals that the capacity could be marginally different from this. They concluded that the loss of agricultural land and Green Belt would be outweighed by the significant local regeneration benefits in addition to simply adding to the stock of housing. It would help in retaining and supporting local services such as the shop and primary school, whilst also assisting in removing some of the local examples of physical dereliction.

The Reporters also recommended allocations at Newcraighall East (90 units), Burdiehouse (100 units) and Dreghorn (75 units)

Following consideration of the recommendations of the Report of Inquiry dealing with objections to the local plan, it was recommended that the Council approve the urban fringe housing sites as per the Reporters’ recommendations.

The Planning Committee considered the above recommendations at meetings on 3 September and 1 October 2009. Committee chose to reject the Reporters’ reduction in capacity at Newcraighall and consequently to reject recommendations to allocate sites at Burdiehouse and Dreghorn. It was decided that the required provision of land for 400 housing units on the urban fringe should be met at Newcraighall as per the Finalised Plan.

In January 2010, the Council adopted the Edinburgh City Local Plan (ECLP) and allocated two sites at Newcraighall for housing. This adoption also removed the Green Belt policy designation from the sites.

(b) Edinburgh Green Belt Study 2008 The Green Belt Study was published in December 2008, during the Public Local Inquiry into the Edinburgh City Local Plan. However, it was not the role of the local plan to undertake a review of the Green Belt, and the study was not put before the Reporters. The purpose of the study was to feed into the new Strategic Development Plan.

The study was landscaped based and split into three stages. The first was the characterisation of all landscapes within the Green Belt. The second stage was a review of all landscape character areas against two of the three Green Belt objectives contained in SPP 21: • to protect and enhance the character, landscape setting and identity of towns and cities; and • to protect and give access to open space within and around towns and cities as part of the wider structure of green space.

The third stage was a more detailed evaluation of landscape capacity of those areas not fulfilling Green Belt objectives.

The landscape character area that covers the application site was considered under the final stage of the study. However, it did not identify the landscape character area as having landscape capacity for development.

Development Management sub committee – 23 October 2013 Page 11 of 77 It did note that the area is not highly visible but does perform some function in providing the setting for the policy woodlands and in providing visual and physical separation between Edinburgh and Musselburgh.

This study was undertaken using the adopted local plans at the time, not the emerging ones, and did not take account of the development (Queen Margaret University) and allocations in East Lothian. It also stated that landscape character is only one factor which needs considered when allocating land for development.

Landscape character is covered in assessment b) below.

(c) Legal Challenge Two parties challenged the adoption of the ECLP by Statutory Challenge to the Court of Session.

The Hallam Land Management Ltd (HLM) (who have an interest in land at Burdiehouse) court action under section 238 of the Town and Country Planning (Scotland) Act 1997, sought the quashing of the local plan insofar as it included the allocation of 200 houses within the Newcraighall North site (ECLP Proposal HSG 14) and 220 houses within the Newcraighall East site (ECLP Proposal HSG 15).

The HLM appeal was heard in March 2011 by Lord Malcolm in the Court of Session and his decision was issued on 6 May 2011.

A separate court action by Taylor Wimpey/ Miller Homes (TW/MH) (who have an interest in land at Dreghorn) sought the quashing of ECLP Policy Hou 1(a) which supports housing development on the same two Newcraighall sites. Following the decision from the HLM court action, TW/MH confirmed that they did not intend to pursue their court action.

The Court’s Order The main submission made in the HLM appeal was that the reasoning given for rejecting the Reporters’ recommendations was wholly inadequate and therefore the part of the adopted plan should be quashed.

Lord Malcolm took the approach set out in case law (Oxford Diocesan Board of Finance v West Oxfordshire District Council and Another [1998] PCLR 370) that the planning authority must give adequate and intelligible reasons for its decision. It must be apparent that the authority fully and properly considered the substantial points raised by the Reporters.

Lord Malcolm was of the opinion that reasons given for not accepting the local plan Reporters’ recommendations for the land Newcraighall North were inadequate. He stated that there was no basis for the assertion that the uncertainties relating to the past mine workings were only limited to a small part of the site and that the market would be strong enough to bear any cost.

Lord Malcolm also concluded that the reasons given for not accepting the Reporters’ recommendations for Newcraighall East site were also inadequate.

He was not persuaded that an informed reader would be satisfied that the planning authority had adequately engaged with the issues rose by the Reporters and explained the basis of the contrary decisions.

Development Management sub committee – 23 October 2013 Page 12 of 77

Consequently, Lord Malcolm quashed part of the plan insofar as it includes the allocation of 200 units of housing within Newcraighall North (site HSG 14 in the local plan as adopted) and the allocation of 220 units of housing within Newcraighall East (site HSG 15 in the local plan as adopted).

Legal effects The court’s order results in the site identified as HSG 14 no longer being allocated for housing in the ECLP. This does not mean that the site reverts back to having a Green Belt designation. In terms of the ECLP the land is not within the Green Belt it is in the Urban Area.

The ECLP was formally adopted by a resolution on 28 January 2010. At this point the two sites were expressly removed from Green Belt by the adoption of the plan. The resolution was the formal act needed to remove the land from the Green Belt. At that moment the sites become part of the Urban Area, and were allocated under Policy Hou 1.

When the ECLP was adopted, the South East Edinburgh Local Plan (SEELP) ceased to exist and no longer had effect. As the SEELP no longer exists the Green Belt protection it afforded to the site no longer applies.

The court order quashes the allocation due to the inadequate reasons of the Council not to follow the Reporters' recommendations. The adoption of the reset of the ECLP still stands. The ECLP applies to the geographical areas of the sites and applications for development on these sites would be assessed against the ECLP.

Events after the Court’s Order The Council had 21 days to mark an appeal against Lord Malcolm’s decisions received on 6 May 2011. At a meeting on 19 May 2011, Planning Committee voted not to accept the Head of Planning’s recommendation to mark an appeal against the Court’s decision. The committee report presented on the 19 May 2011 set out what were considered to be the effects of the quashing of the Written Statement and Proposals Map of the ECLP. It stated that in terms of the development plan, the changes leave both sites as greenfield land within the urban area.

This application (alongside the application at Newcraighall East ref 10/03506/PPP) was referred to the Development Management Sub-Committee on 22 June 2011. It was recommended that both applications should be granted and they were assessed as being greenfield sites within the urban area.

Prior to the sub-committee meeting, objectors raised a number of legal and procedural matters in relation to the way in which the applications had been handled. This included concerns that the Council had misinterpreted the legal effect of the judgement. The argument was that the status of the land was a matter of law and not a planning judgement with the correct development plan for the purposes of the application being the South East Edinburgh Local Plan (SEELP), which places the site in Green Belt. Concerns were also raised that the objectors should be given the opportunity to comment on the application again.

The concerns were passed onto the Monitoring Officer to investigate. The Head of Planning recommended that the reports should be continued and consideration of the planning applications postponed until a future meeting. The Development Management

Development Management sub committee – 23 October 2013 Page 13 of 77 Sub-Committee on 22 June 2011 agreed to this and the applications were effectively put on hold until the Monitoring Officer had completed his review.

The Monitoring Officer’s Review The Monitoring Officer concluded that he did not consider that the manner in which the Council dealt with the planning applications gave rise to a contravention of law, maladministration or injustice.

He also concluded that the Council could proceed on the basis of the sites not being within the Green Belt. The Monitoring Officer’s review also included an assessment that as part of the quashing of the housing allocations, the associated open space proposal (known as OSR 5) and bus link should by implication also be regarded as quashed.

The Monitoring Officer made a number of recommendations. He recommended that in relation to the ECLP, a formal notice explaining the effect of the decision to quash the housing allocations should be placed in the Edinburgh Gazette and Evening News and explanatory text placed within a correction slip added to the local plan itself. This was undertaken on 2 September 2011.

He also made a number of recommendations on how to deal with the planning applications: * The applications should be re-advertised as being contrary to the development plan (this was undertaken on 2 September 2011). There was no recommendation for the applicants to undertake further pre-application consultation. * The committee reports should take account of, amongst other matters, the following: - any representations from the re-advertisements; - an assessment of why the sites are not significantly contrary to the development plan; and - a reference to and assessment of the various objections, the development plan and the context of the previous legal challenge, and other material considerations.

(d) Dreghorn and Burdiehouse Appeals Since 22 June 2011 appeal decisions against the refusal of planning permission for housing on land at Burdiehouse and Dreghorn Polo fields have been issued.

Both Reporters placed significant weight on the issue of housing land supply and allowed the appeals subject to conditions and the signing and registering of a Section 75 agreement.

Burdiehouse A planning permission in principle application by Hallam Land Management for residential development (100 units) at land at Burdiehouse was refused on 15 October 2010.

The application was refused as the proposal was contrary to green belt policy and not supported by housing policies in the development plan. It did not adequately protect the green belt's open setting and identity, and failed to fully establish a defensible green belt boundary. It would also result in the loss of prime agricultural land and would have a detrimental impact upon the setting of the listed limekilns.

The appointed Reporter was not convinced by the Council’s argument that, beyond the 5 year period, there is a ready supply of housing land which is also effective. He noted that there are a large number of outstanding planning permissions across the city and

Development Management sub committee – 23 October 2013 Page 14 of 77 several form part of major regeneration projects. The majority of these potential developments are flatted schemes requiring significant investment and in the current climate the Reporter could not be confident that they will be able to contribute to the rolling 5 year effective land supply in the short or medium term. He also noted that the Council does not intend to progress an alteration to the local plan to fulfil Structure Plan Policy HOU 3. He concluded that the appeal site was effective and any constraints are likely to be capable of resolution. The reporter was of the opinion that the housing land supply was significant enough to issue a notice of intention to grant planning permission even though the land was greenfield, in Green Belt and there would be some adverse impact on the setting of the category B listed Limekilns.

Dreghorn A planning permission in principle application by Miller Homes and Taylor Wimpey for residential development (75 units) at land at Dreghorn Polo fields was refused, by committee 25 June 2010.

This site, like Newcraighall East, is a greenfield site within the Urban Area. The application was refused by the Council as being contrary to Structure Plan Policy HOU 8 Development on Greenfield Land.

The Reporter in allowing the appeal also gave overriding weight to the supply of housing land, concluding that there was a strong case in principle for bringing the appeal site forward for residential development, although the proposal was not consistent with the terms of Structure Plan Policy HOU 8. In reaching this decision the Reporter noted that the Council did not intend to progress an alteration to the local plan to fulfil Structure Plan Policy HOU 3. He also noted that the Council provided no convincing evidence that there was a reasonable prospect of an effective five year housing land supply being maintained.

2. Main report

2.1 Description Of The Proposal

The proposal is for planning permission in principle for development including new housing, potential mixed-use facilities, open space, access and services infrastructure.

Joint Masterplan The application is supported by a joint masterplan framework. This was produced in conjunction with the applicants for another site at Newcraighall East and in consultation with local residents. It covers both the housing sites at Newcraighall and establishes the parameters for development in terms of uses (housing, open space, mixed use facilities, and land for school site expansion), new planting, pedestrian and cycle links, vehicular access and the bus safeguard.

The masterplan has been prepared to guide and co-ordinate development of the two adjacent sites. Which have a combined estimated capacity of 420 houses. It intends to show how new development will be designed and integrated into its setting and the existing community. The main points are described below:

Access Vehicular access to both sites is to be taken from Whitehill Street. Newcraighall North proposes two main accesses, one adjacent to the cottages at the centre of the village

Development Management sub committee – 23 October 2013 Page 15 of 77 and the second from the eastern boundary of the site. The eastern access will require the removal of the northern bridge abutment. Newcraighall East proposes one principal vehicular access to be taken from the existing unnamed road adjacent to the site of the Miners Welfare Club. This access will also be used for the bus safeguard which will run through the site to the boundary with East Lothian.

Pedestrian and Cycle Movement National Cycle Route 1 (NCR1) currently runs along the edge of both sites and through the village. This currently includes an on-road section along Whitehill Street. The masterplan proposes re-routing this and shortening the on-road section.

The masterplan shows new pedestrian routes through the site and points where the developments will connect with the existing village. The use of shared surfaces will also aid in reducing the dominance of the car within the sites.

Public Open Space A new area of parkland is to be created to the east of the housing allocation at Newcraighall East. On the northern site a green corridor is created next to the existing embankment. Public open space is also proposed within both sites in the form of pocket parks and boulevards. A landscape buffer will provide separation, with the land allocated for business use in East Lothian.

Built Form The masterplan shows the principal routes and indicates where the main frontages will be. For both sites it is proposed to incorporate shared surfaces. The masterplan indicates that the housing will primarily be family housing, mostly two storeys, but in places three storeys where appropriate. It also shows the potential locations of mixed use facilities which aids in integrating both sites into the existing village by fronting onto Whitehill Street. The masterplan includes a 30m stand-off from the pylons which run along the eastern boundary of both housing sites.

Uses The emphasis is on the provision of family housing, although the exact detail of housing mix and typologies proposed will be subject to subsequent applications. Affordable housing is to be integrated through the development. As indicated above, there is also the potential for mixed use facilities within the sites.

Newcraighall Primary School currently operates on a constrained site. The masterplan shows an indicative area for its extension.

Sustainability The masterplan contains a broad statement on the sustainability in relation to energy efficiency, passive low energy design and construction waste. The proposed layout provides for solar gain whilst the inclusion of open space, and SUDS will aid in increasing bio-diversity. The statement also points to encouraging sustainable transport access to local trains, buses and the cycle network.

Application Site Newcraighall North Masterplan Design Statement The site subject to this application extends to 9.5 ha and the proposals show an indicative layout accommodating 191 residential units.

Development Management sub committee – 23 October 2013 Page 16 of 77 Further to the joint masterplan described above, a masterplan design statement has been submitted providing more detailed design principles and layout. Approval is sought for the layout of the proposal in terms of access, street layout, pedestrian and cycle routes, open space and design principles.

The access roads provide the principal streets in the site. One provides a central spine running north-south and the second is an east-west route echoing the road layout of Whitehill Street. These principal streets then link to a permeable network of neighbourhood streets comprising shared surfaces.

The street behind Whitehill Street is to be planted with trees and incorporate a landscape swale. The central spine would be characterised by two storey terrace houses and a park. The right of way which currently links Brunstane to the north through to Newcraighall would be relocated to follow this central spine.

The design statement indicates a range of housing types and sizes with affordable housing integrated into the proposals. The housing is positioned to overlook the streets and pocket parks. Parking has been considered as an integral element of the design.

Removal of the disused rail embankment at the former Niddrie Goods yard is proposed allowing a new mixed use building to be constructed fronting onto Whitehill Street and helping to provide greater interconnection of the site and the existing village.

The existing railway embankment to the rear of Whitehill Street is left largely intact though it is to be reshaped and incorporated into gardens where possible. The removal of the existing bridge and embankment is proposed to enable suitable access and enhance the entrance to the village from the east.

Principal cycle ways and pedestrian connections are to be provided within the site.

The following information has been submitted in support of the application:

- Joint Masterplan Framework - Site Location Plan - Pre-application Consultation Report - Masterplan Design Statement - Context Appraisal Report - Transport Assessment - Ecological Report - Archaeology Report - Air Quality Assessment - Floor Risk Assessment - Surface Water Management Plan - Development Appraisal (environmental, geotechnical and mining issues)

These documents are available to view on the Planning and Building Standards Portal.

2.2 Determining Issues

Do the proposals preserve the building or its setting or any features of special architectural or historic interest which it possesses? If not, there is a presumption against the granting of consent. For the purposes of this issue, preserve, in relation to

Development Management sub committee – 23 October 2013 Page 17 of 77 the building, means preserve it either in its existing state or subject only to such alterations or extensions as can be carried out without serious detriment to its character.

Do the proposals comply with the development plan?

If the proposals do comply with the development plan, are there any compelling reasons for not approving them?

If the proposals do not comply with the development plan, are there any compelling reasons for approving them?

2.3 Assessment

To address these determining issues, the Committee needs to consider whether: a) the development would be acceptable in principle having regard to the development plan; b) the development would be acceptable in terms of landscape character and the creation of a strong defensible Green Belt boundary; c) the development will be acceptable in relation to transport infrastructure including traffic generation, road safety and public transport accessibility; d) there will be opportunities to integrate walking and cycling provision within the site and wider network; e) the development would adversely affect the Local Nature Conservation Site; f) the development is of an appropriate scale and design and provides an acceptable level of amenity for future and existing residents, including noise and air quality; g) the development will adversely affect the character and setting of adjacent listed buildings and/or impact on archaeology remains; h) the development will be subject to contaminated land or ground stability issues i) the development results in significant flood risk; or has any special drainage requirements; j) the development would have implications for school capacities; and k) there are any other material considerations.

a) Will the development be acceptable in principle having regard to the development plan?

Development Management sub committee – 23 October 2013 Page 18 of 77 Under section 25 of the Town and Country Planning (Scotland) Act 1997 the Council must determine all planning applications in accordance with the development plan unless material considerations indicate otherwise.

The effect of the Court’s order means that the site is greenfield and in the Urban Area. The appeal before Lord Malcolm was not concerned with the suitability of the land for housing. It was the adequacy of the reasoning given for not accepting the local plan Reporter’s recommendations. Lord Malcolm stated that his decision need not halt the development control process in respect of planning applications for housing development in the urban fringe.

There are no urban fringe sites allocated to meet the requirements of Structure Plan HOU 3. The Council does not intend to progress an alteration to the adopted local plan because work is well advanced on the preparation of the new local development plan.

This does not prevent individual applications for planning permission being submitted and subsequently determined. There is no requirement to carry out a comparative assessment of housing sites, though the ECLP Reporters’ assessment is a material consideration in determining the application.

Housing Land Supply The principal determining policy is Structure Plan Policy HOU 8: Development on Greenfield Land. This policy sets out a presumption against new development on greenfield sites other than those existing housing sites or those to meet Strategic Housing Allocations identified in Structure Plan Policy HOU 3. The site is not allocated in the Local Plan and the proposal is contrary to Policy HOU 8.

The Structure Plan required that the local plans allocated sufficient housing to meet a housing need. Policy HOU 3 and the accompanying schedule 3.1 set out the broad locations where this land should be allocated at.

It should also be noted that Structure Plan Policy HOU 3 only relates to allocations and is not relevant for assessing planning applications. Therefore granting permission for this development will not be an allocation in terms of structure plan as any strategic housing allocations require to be allocated in local plans.

Structure Plan Policy HOU 10 requires that the Lothian councils will maintain an effective five year housing land supply. The Annual Housing Monitor 2010 (AHM) states that the five year housing supply is 5,468 against a requirement of 12,254 or 45% of the target. The current effective land supply is significantly below the structure plan requirement. However, the AHM explains that reasons for this shortfall is for infrastructure and marketing reasons rather than a lack of land identified for housing. The AHM indicates that it is not the intention to neither make significant additional land allocations nor support windfall sites outwith the core development areas. The site is not within a core development area.

As with the requirement set out in policy HOU10 in the structure plan, the consolidated Scottish Planning Policy (SPP) states that the Scottish Government is committed to increasing the supply of new homes and the planning system should contribute to raising the rate of new house building by identifying a generous supply of land for the provision of a range of housing in the right places. In addition, Paragraph 75 states that a supply of effective land for at least 5 years should be maintained at all times to ensure a continuing generous supply of land for house building.

Development Management sub committee – 23 October 2013 Page 19 of 77

The requirement to maintain an effective five year land supply is a significant material consideration. The reporters for both the Dreghorn and Burdiehouse appeals placed significant weight on the shortfall in the 5 year effective land supply and were not convinced by the reasons given for the shortfall. They concluded that both sites were in suitable locations, effective and able to contribute to the range and variety of new housing in the local market area.

The significant shortfall in the 5 year effective housing land supply is justification to depart from greenfield policy provided that the site is in a suitable location, effective and reasonable in all other aspects.

Existing brownfield sites that some objectors have referred to in their representations, in preference of developing greenfield land, are already included in the Housing Land Audit (which the AHM is based on). The majority of these sites are shown to be programmed into the housing completion figures up to the end of the Structure Plan period and beyond.

The site is one that has previously been supported by the Council through previous iterations of the local plan and the associated EIA report, the ECLP Inquiry Reporters concluded that it was a suitable site in part and it is effective and capable of being so within the structure plan period.

Site Effectiveness Planning Advice Note (PAN) 2/2010: Affordable Housing and Housing Land Supply sets out the basis for defining an effective site. It includes: ownership; physical (free from constraints related to slope, aspect, flood risk, ground stability or access); contamination; deficit funding; marketability; infrastructure; and land use.

Individual issues are considered later on in the report but a summary is included here.

As set out earlier the Reporters carried out an assessment of whether the site could make a contribution to the effective land supply and concluded that it could, albeit for a reduced capacity. They were mainly concerned with ground conditions and the related uncertainties.

Ownership is not considered a significant constraint on the site. The applicant has been in discussions with Railway Paths Limited regarding purchasing the former railway line and Sustrans, a sister company of Railway Paths, have provided support for the application. The type of development proposed is different to the majority of that already in the established housing supply (i.e. flats). It is expected that the site could be developed, in part, within the structure plan period and contribute to the effective housing land supply. The applicants are also of the opinion that the site is viable and can be developed.

The site is relatively flat and featureless. A power line crosses the site and the proposals incorporate a 30m stand-off which will exclude any housing development; however the standoff does not preclude other potential uses such as SUDs, greenspace or road. SEPA have stated that flood risk and drainage is not an overriding constraint on the site. The site can be adequately accessed.

The site contains a limited number of mine features (openings and shafts) which can all be suitably treated. There are areas of potential mineral instability in the site as

Development Management sub committee – 23 October 2013 Page 20 of 77 indicated by the applicant’s appraisal. Most forms of subsidence can be overcome by engineering techniques and the reports submitted conclude state that there are cost effective ways of doing so and that the site is suitable for development, assuming that remedial work is carried out.

SfC Environmental Assessment has no overriding concerns in relation to ground contamination subject to further information at the detailed stage and has recommended a standard condition.

In relation to infrastructure the site has good transports links by a range of modes of travel including walking, cycling and public transport. Issues relating to the footpaths, crossing points and traffic calming can be resolved via conditions and a legal agreement. Transport has not raised any objections to the proposals. School capacity can be dealt with through a legal agreement. Deficit funding is not required.

The land is not located in Green Belt and its development will have limited visual impact and the existing embankment will provide a strong defensible Green Belt boundary.

The land is currently in agricultural use. Scottish Planning Policy seeks to resist development on prime agricultural land unless it is an essential component of the settlement strategy or is necessary to meet an established need. The need for housing outweighs this land use in this instance.

Development will also provide local regeneration benefits by such as supporting local services, and providing recreation opportunities.

In conclusion, the proposals are contrary to Policy HOU 8 of the Structure Plan. However the requirement to maintain an effective five year land supply is a significant material consideration. The Annual Housing Monitor demonstrates that the effective land supply in Edinburgh is only 45% of the requirement. This site is effective in terms of PAN 2/2010, within the Urban Area and the need for housing in suitable locations outweighs greenfield policy and the current agricultural use. b) Will the development be acceptable in landscape terms and create a strong defensible Green Belt boundary?

The site is proposed for housing is not considered to be in Green Belt and therefore Green Belt policy does not apply.

The site is relatively flat, low-lying, and comprises open arable farmland. It does not contain any significant landscape features, other than the planting and more natural growth around the periphery.

To the north, the site is bounded by the embankment of a dismantled railway, which formerly ran between Wanton Walls and Niddrie junction and now serves as a Core Path link, with a high voltage power line routed overhead. To the west the site is enclosed by an edge of woodland planting separating it from the housing at Gilbertstoun lying further to the west. To the south, housing at Newcraighall lies beyond the wooded embankment of a disused railway line, whilst to the southeast a small group of properties at Wanton Walls lies just outside the site.

Development Management sub committee – 23 October 2013 Page 21 of 77 Development would introduce urban housing into part of the remaining area of open farmland between Edinburgh and Musselburgh. However, the site is not visible from external viewpoints of note, other than from the elevated railway line to the west. There are close views for users of the footpath on the embankment on the north-east boundary, and a second footpath/right of way which crosses the site. It is not a landscape of demonstrably high quality and does not contribute towards the landscape setting of the city from any significant viewpoints.

Due to its containment and its low lying nature, a housing development on the site would not lessen or detract from the value of the wider landscape area or the wider Green Belt to any significant degree.

The new Green Belt boundary is created by the former railway embankment, which is now an elevated footpath and cycleway. As a strong visual physical landscape feature, clearly identifiable on the ground, it provides a robust defensible boundary as advocated in Scottish Planning Policy. As the embankment provides a strong edge, there is not the requirement to provide additional landscape planting to reinforce its definition.

The purpose of the joint masterplan is to show how new development is to be designed and integrated into its setting and the existing community. The joint masterplan and the details put forward by the applicants show how the proposals will link in with the existing housing.

Further landscape details will be required through the subsequent approval of conditions process. c) Will the development be acceptable in relation to transport infrastructure including traffic generation, road safety and public transport accessibility?

Whitehill Street / Newcraighall Road (A6095) runs through the centre of the village. It is traffic calmed and restricted to 30mph and 20mph close to the school at various points during the day. Bridge abutments at the eastern entrance to the village result in a pinch point in the road causing problems for large vehicles such as buses. Further west of the village is the park and ride and adjacent facilities, the grade separated junction to the A1 and Fort Kinnaird.

The proposed vehicular access to the site is through a break in the cottages on Whitehill Street and through the former railway embankment. A second access to the east of the village has also been proposed. Both vehicular access points have been taken from the A6095 and no access is proposed from Gilberstoun to the north.

The majority of objections to the proposal concentrate on the issue of traffic generation, safety and the requirement for alternative access points, especially when coupled with the proposed residential development at Newcraighall East. The applicants were required to undertake a local transport assessment. The applicants submitted a local transport assessment as part of the application. Transport has raised no objections to the transport assessment subject to a number of conditions and informatives.

ECLP Policy Des 4 Layout Design is relevant to the issue of vehicular access to the site. The policy requires new streets within developments to be direct and integrated to ensure ease of access to local centres and public transport. Access taken from

Development Management sub committee – 23 October 2013 Page 22 of 77 alternative locations and not directly linking in with the existing development would be contrary to this policy.

The visibility splays for the western access are acceptable and, provided that the eastern northern abutment (and bridge) is removed, as proposed, then adequate visibility distances can be achieved for the eastern access. Part of the reason for the Council supporting housing allocations at Newcraighall was to enable regeneration. This included the potential removal of the bridge abutments which would remove the chicane in the road, improve the public realm and eastern access to the village as well as facilitating improved pedestrian movements.

Internally, the proposed development has been designed using the principles set out in Scottish Government Policy Statement Designing Places. The application proposes a number of shared space streets with the use of street trees to create narrowings to slow cars and aid in putting the pedestrian first. The layout is acceptable and will be subject to further detail through subsequent applications.

In relation to public transport, the site, from its centre, is within 250m of the nearest bus stop on Whitehill Street. This is within the 400m distance set out in Planning Advice Note 75 Planning for Transport. The number 30 bus provides a fast, regular and frequent service (every ten minutes) throughout the day to the main centres of employment and retailing likely to be used by the residents. The service passes close to the secondary school, G.P. Surgery and leisure facilities. First Bus 141 and Eves Coaches 128 also pass through Newcraighall.

Newcraighall and Brunstane railway stations are within easy walking distance of the site, approximately 500m and 900m respectively. Currently Musselburgh station is approximately 1950m away from the site by foot. However, if development were to take place at Newcraighall East and in East Lothian, as per the business allocation, then this would create a direct route of some 1500m to Musselburgh station. The stations provide a fast, regular and frequent service to Edinburgh, with the cross link providing a direct link to Edinburgh Park/South Gyle, one of the established employment areas in Edinburgh.

The applicants have submitted an indicative plan showing the layout of parking within the proposals based on a total number of 191 units. It shows a total of 378 spaces broken down into 39 visitor spaces, 313 in-curtilage spaces, and 20 allocated on street spaces. The remaining six spaces are to be replacement car parking for those lost due to the creation of the access (of which there appears to be an ownership/ user dispute though this is not a planning matter) and to be utilised by the residents of Whitehill Street. On street car parking cannot be allocated to specific properties but the overall level is in line with the Council’s parking standards.

Transport has no objection to the development in principle subject to a number of conditions and informatives. These include further consideration with regards to pedestrian and cycle crossings on Newcraighall Road, traffic calming measures, potential alterations and upgrades to bus shelters, and a travel pack. Several discussions have taken place between Transport and the applicants and they have agreed to enter into an appropriate legal agreement. The requirements are broadly the same as those required for a separate application at Newcraighall East.

Development Management sub committee – 23 October 2013 Page 23 of 77 The Council will endeavour to work with both applicants on the delivery of the infrastructure but must ensure that the legal agreement in relation to any permission secures the relevant works in relation to that development.

In summary, the site can be adequately accessed, subject to appropriate works to provide required visibility splays, it has good access to public transport and subject to appropriate legal agreement, conditions and informatives, the proposed traffic implications can be satisfactorily addressed.

d) Will there be opportunities to integrate walking and cycling provision within the site and wider network?

As far as integration with effective walking and cycling networks are concerned PAN 75, is relevant. It recommends maximum walking distances of 400m to the nearest bus stop and 1600m to local shops.

Further to the information in relation to distances to bus stops and stations above, walking distances from the site to other services and facilities have been calculated by the applicant. These show the site is within 250m of the local shop, Newcraighall Primary School is 300m, a pub/restaurant 500m, Fort Kinnaird Retail Park approximately 1000m, Asda around 1400m with both Queen Margaret University and Jewel & Esk Valley College approximately 1600m.

These are broadly similar to those put forward by the Council at the time of the local plan inquiry. Considerable improvements for pedestrians have also recently been carried out at Fort Kinnaird and along the route from Newcraighall to Fort Kinnaird. Therefore the site has reasonably good access to facilities within walking distance.

The proposals for the site include re-routing the existing Asserted Right of Way (LC1) which cuts through the site to the rear of Whitehill Street. The path joins the route which runs along the embankment and through into Gilberstoun. This right of way has been realigned to accommodate development and does not alter the distance or grade of the route significantly. It is to be realigned to follow the principal street in the site and will allow easier access direct to Whitehill Street. The principal street also accommodates a defined ‘Safe Route to School’ running through the development north-south.

National Cycle Route 1 (NCR1) runs through the Newcraighall area. In relation to the site, it runs along the eastern embankment before joining Newcraighall Road / Whitehill Street and running west through the village and south towards Newcraighall Public Park. The NCR 1 is identified as a core path.

The disused railway lines are shown on the local plan proposals map as transport safeguards for future use. Policy Tra 13 states that planning permission will not be granted for development proposals which, amongst other matters, prevent the implementation of proposed cycle paths/footpaths shown on the Proposals Map and be detrimental to a path which forms part of the core paths network or would prejudice the continuity of the off-road network generally.

The proposals would result in the loss of the existing former railway bridge that spans Newcraighall Road. The current bridge does not directly link in with NCR 1. Objections have been received by some cycling groups in relation to the loss of the bridge and the potential off-road route to Musselburgh station.

Development Management sub committee – 23 October 2013 Page 24 of 77

From the perspective of place making, drawing people down into the village rather than having a raised cycle way on a bridge can bring benefits, whilst the abutments currently do not add positively to the village.

Sustrans have commented that they do not object to the removal of the bridge. They state that a safe crossing of the road remains a priority and the bridge should be replaced by a Toucan-style crossing at grade and that the cycle route should be brought through the sites. The proposals will help reduce the section of the cycle route along Whitehill Street / Newcraighall by bringing them through the development.

The path that runs along the back of the cottages on Whitehill Street is a local path, as shown on the Core Paths Plan, and is also safeguarded in the local plan. It is proposed to bring the path into the development which would be beneficial rather than leaving a narrow overgrown path to the rear of houses which as a segregated path can be an unwelcome feature, compromising safety and security in the residential environment. The proposals will reclaim disused and unmanaged railway land, whilst removing derelict structures. The proposals retain access to the path network at the southwest of the site.

The site offers good connections with the existing village and the wider area. Transport has not objected to the proposals though have raised a number of issues to be dealt with either through informatives, conditions or legal agreement. These relate to details of pedestrian and cycle routes, the retention of the most eastern railway embankments, widening of footpaths at the western edge of the village, pedestrian and cycle crossings and cycle parking. e) Will the development adversely affect the Local Nature Conservation Site?

The majority of the site is arable farmland and has limited ecological value. The former railway lines that form part of the site boundaries have been designated as part of a Local Nature Conservation Site (LNCS). The same area is also shown on the local plan proposals map as open space, which is defined as green corridor in the open space audit. As a result of the proposed development, areas of the LNCS and defined open space will be lost.

An Ecological Survey has been submitted as part of the application (updated February 2011). This included a site inspection for evidence of, or potential for, use by species protected by European or national legislation. It concluded that no bats will be affected. Although the Wildlife Information Centre records indicate badgers to the north-east of the site, there was no evidence of badgers using the application site.

The northern embankment is kept largely intact, except for the new access road and the removal of the railway abutment which will result in some landscaping works. The inclusion of a SUDs pond and further planting along the embankment will have the potential to promote biodiversity.

Where the areas of embankment are lost to the rear of the Whitehill Street the masterplan design statement proposes that new habitats will be created, whilst the creation of swales and a SUDs pond could also include the potential for biodiversity enhancement. The existing green corridor will be incorporated into the gardens where possible. These proposals would accord with Policy Env 15 of the ECLP which looks for mitigation where local biodiversity sites are adversely affected by developments.

Development Management sub committee – 23 October 2013 Page 25 of 77

The loss of the defined open space at these parts will not have a significant impact on the local environment or biodiversity value and adequate open space is to be provided within the site. The section which creates a frontage onto Whitehill Street will aid in integrating the site into the existing fabric of the village.

In conclusion, the loss of parts of the LNCS is required to access the site but the outline proposals show that the scheme can incorporate adequate mitigation measures and alternative provision by the introduction of new planting, open space, swales and SUDs ponds, along with incorporating parts of the LNCS into the development. The proposals are acceptable subject to conditions in relation to a Habitat Management Plan, the protection of nesting birds through the removal of scrub and further landscape details at the approval of conditions stage.

f) Is the development of an appropriate scale and design and will it provide an acceptable level of amenity for future and existing residents, including noise and air quality?

The proposal is for planning permission in principle and full design details have not been submitted as these will be subject to future approval of matters specified in condition applications. The applicant has submitted a masterplan design statement which provides further detail. The applicant is seeking permission for access, the proposed layout, car parking layout, streetscape detail, and open space provision.

The general layout of the proposal is well set out and at the masterplan stage the level of detail supplied is sufficient. A comprehensive and integrated approach to the layout of buildings, streets, footpaths, cycle paths and public and private open space has been taken and demonstrated through the masterplan design statement. The street hierarchy and use of blocks provides a clear layout with the use of shared surfaces encouraged. It is good practice to show how the proposal can be integrated into the village and the masterplan achieves this.

The joint masterplan was presented to the Edinburgh Urban Design Panel. The Panel was supportive of the approach taken and identified that the masterplan should link into the existing neighbourhoods and noted that the proposals for this site took account of the pylons.

Housing has been designed to overlook streets and spaces. The layout provides green space with the intention of creating a green route through the centre of the site. The proposals aim to orientate the streets to minimise the views of the pylons.

There is a pedestrian bridge across the former railway line which has some local support to be retained due to its inclusion in a film. This is now a derelict structure which has been neglected over time. Given the wider considerations in providing a workable scheme, it is not appropriate to seek its retention or improvement.

The total site boundary is 9.5ha. Taking into account site constraints, the submitted plans show a proposed layout of 191 units comprising a mix of housing types which will be predominately two storey housing, with a proposed mix used building fronting Whitehill Street. The proposal is for relatively low density housing appropriate in this setting.

Development Management sub committee – 23 October 2013 Page 26 of 77 The landscape issues have been dealt with above whilst future applications will have to demonstrate that the proposals comply with the privacy distance standards and be assessed to show that there will not be any daylighting, sunlighting or any other impact on both existing and future neighbours.

Local Plan Policy Com 1 Community Facilities sets out that housing development should go hand in hand with the provision of community facilities, such as local shops. The proposed small mixed use building is acceptable in principle, dependent on the final proposed use. A condition can be used to limit the size of any retail to 250sqm.

Open Space A plan showing the layout and green space provision has been provided. This shows the location and break down of open space within the proposal. The majority of the proposal is for housing and this is accompanied by private gardens. A small flatted scheme – equating to 10 flats – is proposed fronting onto Whitehill Street and an area of communal gardens is proposed. Further to this, the proposal also includes a number of amenity green spaces throughout the development, an equipped play space and improvements to the green corridor.

The design provides 310 square metres of shared open space to provide for the indicated 10 units which do not have private open space. Overall, 43% of the site area is covered by either private or shared greenspace. The proposal complies with Policy Hou 3 in the local plan.

Overall the open space provision shown is acceptable, subject to further details at the detail designed stage.

Air Quality An air quality assessment has been provided. This took into account any potential cumulative impact from the other housing site to north and the existing biomass boiler located at Queen Margaret University. It has shown that any cumulative impact will be negligible. Environmental Assessment has considered the findings and has raised no objections, subject to a condition to protect local amenity during the construction phase.

Pylons The pylon line runs along the eastern boundary of the housing site. It is good practice to incorporate a 30m stand-off or buffer zone from the pylon corridor. This 30m stand- off will exclude any housing development, but is still acceptable for other potential uses such as SUDs, open space or roads. The masterplan respects this and further detailed applications will be required to take account of this stand-off.

A holding objection has been received from Scottish Power in relation to ensuring that safety clearances are maintained and access to their apparatus is maintained. If permission is granted they have asked for this information to be passed onto the applicant. This can be dealt with by adding an appropriate informative.

Noise Best practice guidance for noise is contained in PAN 1/2011 Planning and Noise. Noise implications for the site include the aforementioned pylons, proximity of the A1 and railway lines and noise from any existing or proposed commercial properties.

Environmental Assessment has assessed the proposals and noise implications will be considered at further stage applications.

Development Management sub committee – 23 October 2013 Page 27 of 77

The proposals also show the location of potential mixed use facilities fronting onto Whitehill Street. Environmental Assessment has assessed a number of possible uses such as retail, office, business units, community facilities and assembly and leisure. They have recommended a number of conditions in relation to noise generation, ventilation and delivery times.

Issues such as general street noise, disturbance, and anti- social behaviour, which have been raised by objectors, can be dealt with through more appropriate statutory legislation. Therefore, with the use of appropriate conditions and other statutory controls, any nuisance or disturbance from the proposed development can be adequately addressed.

The masterplan and proposals provide a positive framework which can be expanded and improved on in future AMC applications. The development will provide an acceptable level of amenity for existing and future residents subject to conditions.

g) Will the development adversely affect the character and settings of adjacent listed buildings or impact on and archaeological remains?

The cottages fronting onto Whitehill Street are category C(s) listed. The proposed western access to the site is through a gap between the cottages. Historical maps indicate that there was once a building here but now the land comprises of hardstanding used for car parking with some scrub land of very little visual value.

The cottages are ribbon development fronting onto Whitehill Street. The character of the area is residential with an area of open space (which once contained housing) on the south side of Whitehill Street. However, the immediate setting of the cottages is provided by the wide pavement and the dominance of Whitehill Street.

The proposed access road itself will not compromise the setting of the cottages and the masterplan shows tree planting along the sides of the proposed access roads. Given the current appearance of the hard standing area, the proposed access road and associated planting the proposal will not have a detrimental impact on the appearance or character of the building, or to its setting.

Further afield are the A listed houses of Newhailes and Brunstane. Newhailes House is some distance away and its setting will not be adversely affected. Brunstane House is closer to the site, though still some 250 metres away. The application site is low lying and the elevated walkway along its north-eastern boundary, alongside the intervening bushes and trees, aid in screening the site from the listed building. Consequently, the setting of Brunstane House will not be impacted on by the proposals.

A desk based archaeological assessment and walkover survey was undertaken in 2010. This has shown the site to contain a range of archaeological remains from prehistoric through to modern industrial/ mining activities. Furthermore, the City Archaeologist has stated that there is the likelihood that the site occurs across the route of Scottish Armies following the nearby Battle of Pinkie. Overall, he has no objection to the proposal in principle, subject to a condition requiring further detailed ground investigations prior to any development on site.

Development Management sub committee – 23 October 2013 Page 28 of 77 In summary, there will not be any adverse affect on the listed buildings and conditions can be imposed to protect potential archaeological remains.

h) Will the development be subject to contaminated land or ground stability issues?

A development appraisal report has been submitted in support of the application. The document is a desktop study assessing environmental, geotechnical and mining issues.

An initial desk based study was carried out in 2005 reviewing existing information from a variety of sources. Mineral investigation was undertaken in 2006 including 60 rotary drilled boreholes, 37 of which are in the main area proposed for development. The investigation confirmed the presence of coal seams and potential mine workings on site.

The study found the presence of disused mine shafts and a number of coal seams with the potential for unstable ground. There are 8 mine openings within the general site area, with only 5 actually within the site boundary itself. It is considered only 3 would require possible treatment. The study considers that the area of potentially unstable land in Area 1 is 30% (24,050sq.m) and Area 1A is 26% (4,350sqm). This has been based on a worst case scenario.

The report recommends that the ground can be improved through grout injection, which is considered the most likely and cost effective treatment method, with the objective being to permanently improve potential unstable ground. It also suggests that a range of methods can be used. The report concludes that intrusive investigations should be undertaken to further clarify the risks and impacts from potential contamination, mine gas and ground instability.

The Coal Authority notes that the information is up-to-date and that application site has been subject to past coal mining activity. It agrees with the recommendations in the report and recommends, if permission is granted, a condition should be imposed requiring further site investigation works (and any resultant remedial works) prior to commencement of development.

Since this initial study the applicant has commissioned further site investigation work has been undertaken between May and July 2011. This included trial pitting (thirty-five trial pits), cable percussive drilling (twenty shallow boreholes), rotary drilling (twenty boreholes), shaft location trenching exercises and shaft drilling exercises to determine the nature of their infill. Gas and groundwater monitoring was also carried out.

Further work was carried out on the 5 identified mine openings within the development site.

The mine opening in the northeast of the site is considered not to be a mine shaft, but more likely a shallow shaft or abandoned shaft due to its shallowness. The feature will require treatment prior to development with grouting being the most suitable method.

Two features are in the southwest of the site. One is considered to be a mineshaft the other is likely to be an adit. It is recommended that grouting would be required prior to the construction of buildings or if just used for pedestrian areas geotextile could be utilised.

Development Management sub committee – 23 October 2013 Page 29 of 77 A fourth feature on the boundary of the site is considered to be an inclined roadway which has already been treated by Network Rail. The report indicates that given its location on the boundary of the site that no further treatment is required.

The fifth feature is also on the site boundary but was not investigated further due to its proximity to the embankment. It is recommended that a suitable geotextile membrane or grid is used.

The report also states that it may also be cost effective to avoid areas of instability, taking a conservative approach a suitable stand-off would be 13m from the centre of any shaft. Such a space could still be used for landscaping, roads or open space.

The study has provided updated areas of potential mineral instability. It identified some 21,900 sq.m in Area 1 and 4,900 sq.m in Area 1A. The report identifies a number of cost effective ground improvement treatment options.

Most forms of subsidence can be overcome by engineering techniques in relation to built development. The reports conclude that the site is suitable for development, assuming that remedial works are carried out to treat the shafts and areas of shallow mine workings prior to development. The applicant considers that the site is viable and has indicatively shown how the site has capacity for 200 units. Mine workings are encountered elsewhere in Edinburgh and do not impose a fundamental obstacle to development.

Environmental Assessment has considered the findings of the report and has recommended a standard condition to ensure further information is provided and suitable remedial or protective measures are taken prior to construction.

There are no overriding contaminated land or ground stability issues subject to conditions. i) Will the development result in any significant flood risk or does it have any special drainage requirements?

A flood risk assessment (FRA) and surface water management plan have been submitted as part of the application. SEPA originally objected to the proposals on the lack of information on flood risk. This was based largely on a mismatch between levels recommended in the FRA and the finished floor levels shown in the surface water management plan. The FRA has been revised and SEPA have now withdrawn their original objection subject to a condition that no development or alteration in ground levels is carried out below 24.6m Above Ordinance Datum (AOD).

A SUDs pond has been proposed in the south west corner of the site. The proposal also includes porous paving, filter drains and swales. The principle of the approach is acceptable subject to further details. Scottish Water have raised no objection to the scheme and SEPA have recommended a condition requiring a full a full SUDs scheme is imposed.

There are no overriding significant flooding or drainage issues subject to appropriate conditions. j) Are there any implications for school capacities?

Development Management sub committee – 23 October 2013 Page 30 of 77 Children and Families has set out the requirement for a contribution to Newcraighall Primary School.

An estimated 420 dwellings across the two housing proposals at Newcraighall are expected to generate between 80-100 pupils, and this will require the provision of a 7 class organisation with a capacity of 199 pupils.

A 7 class organisation also requires the provision of a second general purpose (GP) room and an additional two rooms and associated extra circulation space plus provision of furniture and fittings. A 7 class primary school with nursery should occupy a minimum site of 1 hectare. The current site area is approximately 0.4 hectares. To help address this shortfall it is proposed that part of the development site adjoining the school is given over to school use.

A grassed area is sought to the south-east of the school (approx 0.1 hectares), on land that is bounded by the school and the former miners club and provision of a maximum of 0.1 hectares of hardstanding is sought to the south of the school. The preference is to provide an all weather facility at Newcraighall Park that already has changing facilities and which could serve wider community use. Both the Head Teacher and Culture and Leisure support this approach. This would reduce the required land take at the school to approx 0.2 hectares. A footpath link would be sought from the school to the park should off-site provision be made.

Children and Families has indicated a cost of £830,000. Discussions have taken place with both the applicants for the proposals at Newcraighall North and East and there is a joint commitment to provide such a contribution to the primary school. The sharing of the costs and the phasing of the school extension will be subject to a legal agreement.

The proposals will be acceptable in terms of school capacity. k) Other material considerations

A full Sustainability Appraisal will be required with any subsequent AMC applications. The joint masterplan itself provides a commitment to sustainability setting out its strategic underpinnings. This includes a well planned and efficient road layout, a layout that prioritises solar orientation, a safe and pleasant urban public realm, encouragement to sustainable transport, biodiversity improvements, the incorporation of SUDs and adaptability of buildings.

The requirement to provide an artificial playing pitch and upgrades to the paths and cycle routes is considered to be the Public Realm contribution.

It also includes a statement in relation to following a waste hierarchy in the construction phase placing emphasis on reducing, re-using and recycling of construction materials.

The applicants have indicated that they would intend to fulfil the Council’s requirement for 25% affordable housing in line with the ECLP policy Hou 7. The method of delivery and tenures would be discussed at the detailed application stage. This will be the subject of a legal agreement.

Conclusion The proposal is contrary to the development plan as the site is greenfield. However, it is still within the Urban Area as defined on the Proposals Map and a departure can be

Development Management sub committee – 23 October 2013 Page 31 of 77 justified in this instance. The effective housing land supply in Edinburgh is only 45% of the requirement and although the AHM provides reasons for this there is still need to provide land for housing, with Scottish Planning Policy stating that there should be a generous supply of land for house building. It is one that the Council has previously supported and it compared well in the ECLP Reporters’ assessment. The site is one capable of development, in a sustainable and suitable location and its development will afford regeneration benefits. These outweigh the fact that the site is greenfield. The proposal is acceptable in all other respects.

Although a departure from the development plan, the application is not considered to be a significant departure and therefore there is no requirement for a pre-determination hearing and referral to full Council.

Circular 4/2009 provides limited advice on what may be deemed as significant but does state that there is a general expectation that this applies where approval would be contrary to the vision or wider spatial strategy of the plan. This judgement lies with the planning authority. In this instance the land is greenfield but is within the Urban Area and not designated as Green Belt.

The strategic aims/spatial strategy are set out at section 2 of the SP and from paragraphs 2.11 to 2.20 in the ECLP. The overarching aim of the SP is to provide in full for the development needs of Edinburgh and the Lothians in accordance with the principle of sustainable development, whilst maintaining and enhancing the environmental heritage that underpins the area’s quality of life. It identifies four locations in the city which will accommodate high levels of new development to meet growth needs and these form the major elements of the local plan spatial strategy. The four areas are the City Centre, Edinburgh’s Waterfront, Edinburgh Park, Sighthill and South Gyle and South East Wedge Bio Quarter. Further to this the local plan states that development in the Urban Area should respect the principles of sustainable development, with residential development contributing to mixed, sustainable communities and places importance on accessible services and job opportunities.

As the site is within the Urban Area development here would not have an adverse impact on the development plan’s spatial strategy.

The proposals will not prejudice residential amenity, road safety, the path network, nature conservation or the setting of the listed buildings. The proposals are acceptable in relation to the proposed layout and other environmental considerations.

It is recommended that this application is approved subject to the attached conditions and the signing of a legal agreement.

Although this is an application where the Council has an interest, it does not require notification to Ministers since the proposal is not significantly contrary to the development plan.

Addendum to Assessment

At the meeting on 23 November 2011 Committee continued consideration of the application to ask the Head of Planning to negotiate with the applicants with a view to a

Development Management sub committee – 23 October 2013 Page 32 of 77 reduction of the number of units proposed for the site. At the same Committee the application for housing at Newcraighall East was also continued for the same reason.

Discussions have taken place with both sets of applicants who have been working together in trying to address the concerns raised by the Committee. They have provided a joint submission stating that they have come to a workable compromise, recognising that although the applications are separate legal entities both should be dealt with together.

Housing numbers Both applicants have reconsidered their development models. They have put forward a reduction in the number of units which would still be feasible and allow the sharing of costs and the delivery of planning obligations, such as the school extension to remain workable.

Across the two Newcraighall sites the estimated capacity is 420 houses, 200 for Newcraighall North and 220 for Newcraighall East. A 20% reduction has been proposed resulting in a reduction of 84 units to 336. This translates to a maximum of 160 units on Newcraighall North and 176 units on Newcraighall East.

An updated indicative layout plan for the site has also been provided.

The original condition limiting the number of units on the site has been altered to reflect this reduction.

Housing density The issue of housing density was raised at the hearing and the applicants have provided further information in relation to this issue.

The analysis looks at the density of development of the existing village and the housing at Gilberstoun to the north. It shows a gross density of 30.4 dwellings per hectare (dph) for Newcraighall village itself and 29.9 dph for Gilberstoun.

In comparison the original proposed density for Newcraighall North is only 23 dph based on a proposed 191 units (181 houses and 10 flats), for 160 units this would be a density of 19.3 dph.

The original proposals expressed in the masterplan for the site are based on Scottish Government Policy and urban design best practice. A density of 19.3 dwellings per hectare is also significantly lower than the 25-35 dph put forward for the site in the Council’s own Local Development Plan Main Issues Report (MIR), which was approved by Planning Committee and currently being consulted on.

In assessing the proposal, government guidance does not impose a maximum or minimum density for housing, however it does state that decisions on the layout and design of new developments should promote the efficient use of land. Density should also be determined in relation to the character of the place, with the density of the existing village and more recent Gilberstoun development being significantly higher than that proposed. The original proposals provided low density housing suitable to the locality. The proposed reduction in provides an even lower density which is moving away from the policy emphasis on higher densities and the efficient use of land.

Development Management sub committee – 23 October 2013 Page 33 of 77 Phasing Turning to development phasing / sales rate, a report prepared by Savills has been submitted. This provides an assessment of 15 nearby sites that are currently active or have been recently completed. The average sales rate is 2.03 per calendar month. The report notes that sales in the vicinity of the application site at two sites at Milton Road East are performing better with rates of 3.8 and 2.6 per month. EDI have assumed a build programme of between 30 - 50 units per annum based on current market take up. As such if development were to go ahead it would not result in the full site being developed at one time. Development would be spread out over a number of years allowing the village to absorb development incrementally. A new condition requiring a phasing plan to be submitted at the same time as the first application for the approval of matters specified in conditions has been proposed.

Conclusion At the Committee meeting on 23 November 2011 it was established that the principle of housing on the site was generally accepted, although there were concerns over the number of housing units being proposed.

Both applicants have positively responded to this by reducing the number of houses across the two sites at Newcraighall by 20% and have indicated that any lower would affect the applicants’ ability to fund the planning obligations.

The proposals are for low density housing and any development would come forward in phases. It is recommended that the application is granted subject to conditions and the signing of a legal agreement.

The applicants have also requested that if the proposed compromise is insufficient to address the concerns of the Committee they would accept a planning permission in principle for residential development on the site. Housing numbers and density would be addressed at the more detailed planning stage with the lodgement of the first AMC application.

Addendum 2 - October 2013

The Committee was minded to grant this application on the 18th January 2012 subject to, amongst other things, a legal agreement being provided to ensure that affordable housing, increased school capacity, transport infrastructure, an all-weather pitch, and a travel plan were secured.

The applicant is still willing to meet these requirements, but is seeking to change the proposed arrangements for delivery.

Transport The off-site transport requirements are specified in the consultations section of this report. While some further work is needed to establish the full extent of the works, the works include a new pedestrian crossing on Newcraighall Road, the upgrading of an existing pedestrian crossing, improved traffic calming arrangements and the relocation and improvement of bus stops.

Transport originally stated that it expected the developers of both this site and the housing site to the south ( Reference: 10/03506/PPP) to implement these improvements.

Development Management sub committee – 23 October 2013 Page 34 of 77 The applicant has indicated that whilst it accepts the transport requirements, it does not wish to be responsible for carrying out all the proposed works to adopted roads or to be liable for an, as yet, unspecified scope of works.

The applicant, in discussion with the Dalrymple Trust (applicant for Newcraighall East), has proposed a way forward.

EDI will: - design and procure the delivery of a new Toucan Crossing on Newcraighall Road; and - make a financial contribution of £35,000 in order to cover the cost of traffic calming, replacing and upgrading bus stop facilities, promoting traffic regulation orders and any other improvements considered necessary and as identified in the subsequent applications (AMC/RCC) to the Council.

Likewise, the Dalrymple Trust will: - design and procure the upgrade of the existing Toucan crossing on Newcraighall Road; - design and procure the realignment of the kerbline at Newcraighall Road and the access to the site in order to facilitate the turning movements of buses; and - make a financial contribution of £65,000 in order to cover the cost of traffic calming, replacing and upgrading bus stop facilities promoting traffic regulation orders and any other improvements considered necessary and as identified in the subsequent applications (AMC/RCC) to the Council.

In proceeding in this manner it should be noted that:

- these provisions will replace the current informatives relating to transport infrastructure. The informative text in this report reflects these changes. - all the other informatives will remain as previously reported to Committee. - the design and location of the pedestrian crossing works will be agreed with the Council before the works are taken forward by the developer. - the cost of delivering these works will be met by the developer and that the previous estimates provided were not the subject of any pricing exercise. - the amount of financial contribution (£35,000) reflects the approach suggested by both applicants although it should be noted that the cost estimates for the crossing works were not subject to a pricing exercise.

Transport has agreed this new approach to securing the required transport improvements to enable the proposal to meet their requirements.

The provision of supporting infrastructure is a material planning consideration. The key consideration for Committee, in this instance, is whether the way in which the applicant is proposing to meet some of the transportation requirements by making a financial contribution has a bearing on the acceptability, or otherwise, of this application.

The applicant’s proposed contribution is in accordance with the development plan and the Council’s supplementary planning guidance and is proportionate with the impacts attributable to this proposal. It is not considered reasonable to require the developer to construct all the works.

Development Management sub committee – 23 October 2013 Page 35 of 77 Education Originally, Education envisaged that the first phase of any funding arrangements for the primary school would agree the process for the land transfer in advance of building works. Furthermore, Education also expected that where housing development starts in advance on one site, the full costs of the school extension will be required to borne by that developer and recouped once development starts on the second site.

Consistent with the original requirements from Children and Families, the applicant is willing to contribute half of the total required £830,000 (£415,000) towards the extension of Newcraighall Primary School and associated facilities such as the all- weather playing field. The Dalrymple Trust is to contribute the other half alongside an area of land for the school site to expand into.

Payment is proposed in two equal tranches with the first payment being paid upon completion of the 100th unit and the second being paid prior to final completion of the development.

In relation to Newcraighall East, the school land is to be transferred within one month of the signing of the legal agreement.

There is the possibility of the sites coming forward at separate times. In this instance, it would not be reasonable to withhold permission for this site on the basis that the land required to expand the school site is reliant on another applicant.

The approach to education contributions is a reasonable way forward and there is agreement from both applicants.

It is recommended that the Committee approves this application subject to a legal agreement as set out above. The other conditions and legal agreement requirements remain as previously reported. The informatives attached to this report have been altered to reflect this position.

3. Recommendations

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

3.2 Conditions/reasons

1. The development shall proceed in accordance with the Newcraighall North and East Joint Masterplan Framework and the Newcraighall North Masterplan Design Statement.

2. Prior to the commencement of works on site, details of the under-noted matters shall be submitted and approved by the planning authority, in the form of a detailed layout of that phase of the site and include detailed plans, sections and elevations of the buildings and all other structures.

Approval of Matters:

Development Management sub committee – 23 October 2013 Page 36 of 77 (a) the precise number of residential units to be developed within the site, not exceeding 160 units

(b) Siting, design and height of development, including design of all external features and glazing specifications (including acoustic capabilities)

(c) design and configuration of public open spaces, all external materials and finished and details of any play equipment in accordance with the principles established in the PPP application

(d) car and cycle parking, access, road layouts, path and cycle path layouts (including diversion of National Cycle Route 1) and alignment in accordance with the standards agreed within the PPP application

(e) amendments or any treatment to adopted roads or footways

(f) noise attenuation measures

(g) surface water and drainage arrangements

(h) waste management and recycling facilities

(i) sustainability details

(j) existing and finished ground levels and proposed floor levels in relation to Ordnance Datum

(k) hard and soft landscaping details, including:

(i) Walls, fences, gates and any other boundary treatments; (ii) The location of new trees, shrubs and hedges (iii) A schedule of plants to comprise species, plant size and proposed number/density; (iv) Programme of completion and subsequent maintenance; (v) Existing and proposed services such as cables, pipelines, substations; (vi) Other artefacts and structures such as street furniture, including lighting columns and fittings, and play equipment; (vii) Details of phasing of these works.

(l) hours of occupation for any proposed commercial uses

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

4. That the site layout to be submitted as part of the AMC application required under condition 2 above shall include full details of the location and design of the surface water drainage scheme to be installed within the application site and shall be submitted for the approval of the Head of Planning, and for the avoidance of doubt the

Development Management sub committee – 23 October 2013 Page 37 of 77 scheme shall comply with the Scottish Environmental Protection Agency's (SEPA) principles of Sustainable Urban Drainage Systems (SUDS).

5. No development or alteration in ground levels is to be carried out below 24.6 metres Above Ordinance datum.

6. Prior to the commencement of construction works on site:

(a) A site survey (including intrusive investigation where necessary) must be carried out to establish to the satisfaction of the Head of Planning, either that the level of risk posed to human health and the wider environment by contaminants in, on or under the land is acceptable, or that remedial and/or protective measures could be undertaken to bring the risks to an acceptable level in relation to the development; and (b) Where necessary, a detailed schedule of any remedial and /or protective measures, including their programming, must be submitted to and approved in writing by the Head of Planning.

Any required remedial and/or protective measures shall be implemented in accordance with the approved schedule and documentary evidence to certify those works shall be provided to the satisfaction of the Head of Plan

7. During the development phase the protective dust and PM10 mitigation measures shall be designed and implemented as specified in Table 21 of the AECOM, Site HSG 14, Newcraighall Air Quality Assessment, Job Number 60191354 (February 2011).

8. The total amount of net (trading) retail floor space to be developed shall be restricted to a maximum of 250 sq m. This area shall be delineated on plan as part of any further approval of matters. Thereafter no additional internal floor space or mezzanine shall be created unless authorised by a grant of planning permission.

9. The existing disused railway abutment on the north side of Newcraighall Road shall be removed in order to achieve the visibility requirements in respect of the proposed secondary access. Carriageway and footway widening shall be implemented and details to be approved by the Head of Planning.

10. The eastern bridge abutment is not to be removed, as shown on the site plan, without approval from the Planning Authority.

11. Tree and scrub removal should not take place during the main bird nesting season (March-July inclusive). Where this is not the case, a qualified ecologist must assess the site for nesting bird activity prior to clearance and a scheme to protect the nesting bird interest on site be first submitted to and approved in writing by the Head of Planning.

12. Notwithstanding condition 2 above, the approved landscaping scheme shall be fully implemented within six months of the completion of the development, and thereafter shall be maintained by the applicants and/or their successors to the entire satisfaction of the planning authority; maintenance shall include the replacement of plant stock which fails to survive, for whatever reason, as often as is required to ensure the establishment of the approved landscaping scheme.

Development Management sub committee – 23 October 2013 Page 38 of 77

13. No development shall take place on the site until a habitat management plan has been the submitted by the applicant and approved by the Planning Authority

14. At the same time as the submission of the first application for approval of matters specified in conditions details of the phasing of development should be submitted to the Planning Authority for approval.

1. In order to enable the Head of Planning Authority to consider this/these matter/s in detail.

2. In order to ensure that the development proceeds in accordance with the parameters used as the basis of the assessment.

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

4. To ensure the site is adequately drained and to prevent pollution of watercourses.

5. In order to protect the development from flooding

6. In order to ensure that the site is suitable for redevelopment, given the nature of previous uses/processes on the site.

7. In the interests of residential amenity

8. To ensure that the vitality and viability of any existing centre is not prejudiced by the development.

9. Road safety, and to provide improved pedestrian routes to the existing village and public transport.

10. In order to safeguard a potential route for a grade separated pedestrian/cycle link.

11. To protect nesting birds

12. In order to ensure that the approved landscaping works are properly established on site.

13. In order to safeguard and enhance biodiversity

14. In order to enable the Head of Planning to consider this matter in detail.

Informatives

It should be noted that:

Development Management sub committee – 23 October 2013 Page 39 of 77 1. a) Application for the approval of matters specified in conditions shall be made before the expiration of 3 years from the date of the grant of planning permission in principle, unless an earlier application for such approval has been refused or an appeal against such refusal has been dismissed, in which case application for the approval of all outstanding matters specified in conditions must be made within 6 months of the date of such refusal or dismissal. b) The approved development shall be commenced not later than the expiration of 3 years from the date of grant of planning permission in principle or 2 years from the final approval of matters specified in conditions, whichever is later.

2. The applicant should be aware that a new road names will be required for this development and they should be asked to discuss this with the Council’s Street Naming and Numbering Team at an early opportunity. Street naming is likely to influence the progression of traffic regulation orders.

3. The internal layout of the development to be designed in accordance with Designing Streets and Quality Audits will be required.

4. A Stage 2 & 3 Road Safety Audit will be required.

5. Swept Path Analysis to be carried out for all movements & turning manoeuvres.

6. Discussions on suitable road materials will be required at an early stage.

7. Technical Approval of any structures adjacent to the road network will be required.

8. All accesses must be open for use by the public in terms of the statutory definition of ‘road’ and will require to be the subject of applications for road construction consent (RCC). The Council would seek clarification of the extent of roads subject to RCC at an early stage.

9. The development is in the vicinity of electricity apparatus: - The proposed development and use may interfere with the overhead transmission line, route ZD. If the proposal proceeds, it is essential to Scottish Power’s operations that statutory safety clearances are maintained and that Scottish Power have access to the apparatus. Where work is being carried out in the vicinity of an overhead line it must be in accordance with Health and Safety Guidance Note GS6 "Avoidance of Danger from Overhead Lines". - In addition to the overhead transmission lines there may be lower voltage overhead and underground apparatus within the site. It is essential to Scottish Power’s operations that access to the apparatus is maintained at all times. Also where work is being carried out in the vicinity of underground cables it must be in accordance with Health 7 Safety Guidance Note HS (G) 47 "Avoiding Danger from Underground Electricity Cables".

10. Legal Agreement

The applicant will be required to enter into a suitable legal agreement prior to full planning consent to in respect of the following:

Affordable Housing - Provision of 25% of the total number of units.

Development Management sub committee – 23 October 2013 Page 40 of 77

Education - A financial contribution of £415,000 (half of the identified costs across both Newcraighall sites to cover the required extension to Newcraighall Primary School at £630,000 and all weather pitch at £200,000).

Transport - Travel Plan - The applicant will design and procure the delivery of a new Toucan Crossing on Newcraighall Road; - A financial contribution of £35,000 in order to cover the cost of traffic calming, replacing and upgrading bus stop facilities, promoting traffic regulation orders, and any other improvements considered necessary and as identified in the subsequent applications (AMC/RCC) to the Council.

Statutory Development Plan Provision The site is within the Urban Area of the local plan boundary. The former railway lines are designated in the ECLP as Local Nature Conservation Sites and part of them are safeguarded for a cycle/footpath route.

Date registered 13 December 2010

Drawing numbers/Scheme 01,02A,03-08,

David R. Leslie Acting Head of Planning and Building Standards

Development Management sub committee – 23 October 2013 Page 41 of 77

Links - Policies

Relevant Policies:

Relevant policies of the Edinburgh and Lothians Structure Plan

Policy HOU3 states that land shall be allocated in local plans to accommodate the following number of dwellings identified: Newbridge/Kirkliston/Ratho (1,000), Waterfront Edinburgh (1,700 min), Rest of Edinburgh Urban Area (1,100 min), Edinburgh Urban Fringe (400)

HOU4 - Policy HOU4 states that in identifying sites to meet Policy HOU3 (Strategic Housing Allocations), local plans should meet criteria a to e of the policy

Policy HOU5 states that the development of housing land should not proceed beyond the infrastructure capacity of each site until improvements are provided or committed.

Policy HOU8 presumes against new housing on greenfield sites other than to meet Policy HOU1 and HOU3 requirements.

Policy HOU10 aims to maintain a five year land supply for Edinburgh and the Lothians by supporting the development of housing land consistent with the strategy.

Policy ENV2 presumes against development in the Green Belt unless necessary for the purpose of agriculture, forestry, countryside recreation or other uses appropriate to the rural character of the area

Relevant policies of the Edinburgh City Local Plan.

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

Policy Des 2 (Co-ordinated Development) establishes a presumption against proposals which might compromise the effective development of adjacent land or the wider area.

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

Policy Des 4 (Layout Design) sets criteria for assessing layout design.

Policy Des 5 (External Spaces) sets criteria for assessing landscape design and external space elements of development.

Policy Des 6 (Sustainable Design & Construction) sets criteria for assessing the sustainable design and construction elements of development.

Policy Des 8 (Urban Edge Development) sets criteria for assessing development on sites at the Green Belt boundary.

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

Policy Env 8 (Protection of Important Remains) establishes a presumption against development that would adversely affect the site or setting of a Scheduled Ancient Monument or archaeological remains of national importance.

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

Policy Env 10 (Green Belt) identifies the types of development that will be permitted in the Green Belt.

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

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

Policy Env 16 (Species) sets out species protection requirements for new development.

Policy Env 17 (Flood Protection) sets criteria for assessing the impact of development on flood protection.

Policy Env 18 (Air, Water and Soil Quality) sets criteria for assessing the impact of development on air, water and soil quality.

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

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

Policy Hou 2 (Housing Mix) requires the provision of a mix of house types and sizes in new housing developments.

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

Policy Hou 4 (Density) sets out the factors to be taken into account in assessing density levels in new development.

Policy Hou 7 (Affordable Housing) requires 25% affordable housing provision in residential development of twelve or more units.

Policy Com1 (Community Facilities) sets requirements for the provision of community facilities associated with large scale residential development, and the protection of existing community facilities.

Policy Com2 (School Contributions) sets the requirements for school contributions associated with new housing development.

Development Management sub committee – 23 October 2013 Page 43 of 77 Policy Tra 1 (Major Travel Generating Development) supports major travel generating development in the Central Area, and sets criteria for assessing major travel generating development elsewhere.

Policy Tra 2 (Planning Conditions and Agreements) requires, where appropriate, transport related conditions and/or planning agreements for major development likely to give rise to additional journeys.

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

Policy Tra 5 (Private Cycle Parking) requires cycle parking provision in accordance with levels set out in supplementary guidance.

Policy Tra 13 (Cycle and Footpath Network) prevents development which would prevent implementation of, prejudice or obstruct the current or potential cycle and footpath network.

Policy Inf 6 (Water & Drainage) sets a presumption against development where the water supply and sewerage is inadequate.

Relevant Non-Statutory Guidelines

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

Non-statutory guidelines on 'MOVEMENT AND DEVELOPMENT' establish design criteria for road and parking layouts.

Non-statutory guidelines on Developer Contributions and Affordable Housing gives guidance on the situations where developers will be required to provide affordable housing and/or will be required to make financial or other contributions towards the cost of, providing new facilities for schools, transport improvements, the tram project, public realm improvements and open space.

Non-statutory guidelines 'The Edinburgh Standards for Sustainable Building' sets principles to assess the sustainability of major planning applications in Edinburgh.

Non-statutory guidelines on BIODIVERSITY sets objectives for habitat creation and enhancement, lists protected species and how developments can make provision for these, and lists the sites of national and local nature conservation interest.

Non-statutory guidelines on 'QUALITY OF LANDSCAPES IN DEVELOPMENT' sets detailed design principles for hard and soft landscaping, including the retention of existing features, and relates these principles to different types of development.

Development Management sub committee – 23 October 2013 Page 44 of 77 Appendix 1

Consultations

EUDP report

1 Introduction

1.1 This report relates to the Masterplan for Newcraighall North and East and the individual proposals for each site.

1.2 This is the first time that the proposal for the site has been reviewed by the Panel.

1.3 No declarations of interest were made by any Panel members in relation to this scheme.

1.4 This report should be read in conjunction with the meeting papers which provide an overview, context, concept, plans and 3D visualisations of the scheme.

1.5 Kenneth Bowes, Case Officer, gave an overview of the planning context as noted in the Planning Issues Paper supported with photographic and drawn illustrations.

1.6 This report is the view of the Panel and is not attributable to any one individual. The report does not prejudice any of the organisations who are represented at the Panel forming a differing view about the proposals at a later stage.

2 The Panel’s views on the proposals

2.1 The architects were thanked for a thorough presentation of the masterplan and individual proposals for each site.

2.2 The Panel understood the relationship to the existing land uses to the north and west but noted that the local authority boundary to the south and east was not a reason for failing to show connections in these directions. It is important for Planning as well as the design teams / applicants for each site to understand the emerging proposals from East Lothian Council for the land designated for employment use adjacent to the East Newcraighall site.

2.3 The Panel encouraged the design team to ensure that the proposals are fully integrated with the existing village and there was an opportunity to reactivate the High Street and village green as a key consideration of the masterplan. In this respect, the Panel questioned the justification given for a new “community heart” in the Newcraighall East plans.

2.4 The Panel encourages the design teams to pursue the removal of the railway bridge abutments. The Panel acknowledged the difficulties associated in their removal for example issues of ownership, cost and community opinions but strongly

Development Management sub committee – 23 October 2013 Page 45 of 77 encouraged the design team to continue looking at options for their removal. This could enhance both the integration of the sites with the existing community while increasing permeability and access to the sites.

2.5 It would be beneficial to the overall redevelopment of the village if the proposed masterplan explored the possibilities for improvements to the existing village green. There may be benefits to a reduction in its size if it can be better addressed by building frontages. There is potential for the existing green to be seen as the heart of the village.

2.6 The traffic coming through Newcraighall on Whitehill Street should be controlled to ensure that it does not detract significantly from the quality of the place. With this in mind, overt traffic calming measures are unlikely to be appropriate. Rather, it would be best to control traffic through road geometries and other more subtle measures. As well as Designing Streets, The Department for Transport’s Manual for Streets 2 is likely to provide design guidance in this regard.

2.7 The Panel identified the Primary School as a key area for community integration.

2.8 The implications for the existing village school should be fully understood and considered. This is particularly important if the existing building and facilities requires to be extended.

2.9 It is essential that affordable housing is fully integrated into and spread throughout the designed layouts for both sites.

2.10 Connections to nearby neighbourhoods are important to the success of the development. Opportunities for links to these neighbourhoods should be explored.

2.11 While there are good train facilities and the potential for good cycle connections, in comparison the village is poorly served by bus. It will be important to improve local bus access. Links to the station could be considered.

2.12 The area of land currently described as a paddock may have other potential uses which would be of greater value to the local community. Alternative uses should be explored which are complementary to the existing open space uses within the village coupled with the provision of linkages.

2.13 The Panel accepted that the pylons will remain and require careful design consideration. This was demonstrated with the design solution proposed for the north site.

2.14 The Panel noted that the proposals for the East site are less developed than the North due to different client intentions in terms of implementation. The Panel encouraged CEC to ensure that the appropriate Framework is put in place to guarantee the quality of design illustrated on the north can be replicated on the east site.

2.15 The Panel encouraged the Design Team to comply with the Edinburgh Standards of Sustainable Buildings.

In summary, the Panel commended a very viable masterplan, site analysis and potential for place making. The Panel encouraged the design teams not to be

Development Management sub committee – 23 October 2013 Page 46 of 77 restricted by the site boundaries but to explore areas outwith which may encourage a design to integrate the existing community and reinforce a sense of place.

Archaeology comment 10/01/2011

Further to your consultation request, we would like to make the following comments and recommendations in respect to this application in principal for development of this site to include housing, potential mixed-use facilities, open space, access and services infrastructure.

As a result of pre-application discussions with this office a desk-based assessment and walkover survey was undertaken by GUARD in 2010 on behalf of the applicant. As this report shows the application site contains a range significant archaeological remains from the prehistoric through too modern industrial/mining activities associated with both the Victorian Edinburgh and Dalkeith Railway and Newcraighall Klondyke Mine. Prehistoric evidence is demonstrated by the location of a ring-ditched enclosure identified as a crop-mark form aerial photography. Given the evidence from the surrounding area other unrecorded prehistoric remains must be considered as a high probability. Also significantly is the likelihood that the site occurs across the route of the rout of the Scottish Army following the nationally significant nearby Battle of Pinkie fought just outside Musselburgh on the 10th September 1547.

Therefore this application must be considered under terms of the following Scottish Government policies Scottish Planning Policy (SPP), PAN42 and SHEP and also under CEC’s Edinburgh City Local Plan (2010) policies; ENV8 & ENV9. The aim should be to preserve archaeological remains in situ as a first option, but alternatively where this is not possible, archaeological excavation or an appropriate level of recording may be an acceptable alternative.

As stated above, the existing evidence indicates that the site contains significant archaeological remains principally relating to prehistoric occupation and medieval and later mining and also potential for containing artefacts relating to the rout of the Scottish Armies following the 1547 Battle of Pinkie. Having read over the GUARD’s Desk-based assessment I agree with its general conclusion that the potential impact of developing this site is considered insufficient to justify refusal of consent on archaeological grounds.

Nevertheless the site has the potential for containing significant archaeological remains. According it is essential that the site is investigated prior to the submission of subsequent detailed planning applications and future development in order that any archaeological remains encountered are fully excavated and recorded where preservation in situ is not possible.

In essence this will see a phased archaeological programme of works. The initial phase must be undertaken prior to the submission of detailed plans and any mine-grouting activities and will be twofold: a comprehensive battlefield metal detecting survey to recover and examine any artefacts within the sites topsoil and secondly an archaeological evaluation up to a maximum of 10% of the site. The results of which would allow for the production of appropriate mitigation strategies (including possible design changes to allow for preservation in situ) to be drawn up to ensure the protection and/or the excavation and recording of any surviving archaeological remains during subsequent phases of development.

Development Management sub committee – 23 October 2013 Page 47 of 77 It is essential therefore that a condition be applied to any consent granted to secure this programme of archaeological works. A condition based upon the model condition stated in PAN 42: Planning and Archaeology, para 34 should be used, as follows;

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

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

Affordable Housing comment 14/01/2011

Edinburgh accounts for around 74% of Scotland’s total affordable housing need, and the Council has developed an Affordable Housing Policy in order to help address this need. The Lothian Housing Needs & Demand Assessment 2010 estimated that Edinburgh requires 36,600 new residential properties over the next 10 years. Of these, 20,000 are needed to meet market demand. A further 16,600 units are required of approved affordable housing tenures in order to meet the identified housing needs of low-to-middle income households, including 4,800 units for those between minimum wage and median income levels.

The full range of approved affordable housing tenures is listed and defined in PAN2/2010, and includes shared equity, shared ownership, affordable rented units, mid market rent and discount sale units. Edinburgh is the only Local Authority in Scotland which has approved or delivered every type of affordable housing tenure contained within the PAN.

In summary, the AHP requires the following:

-The AHP makes the provision of affordable housing a planning condition for sites over a particular size. The proportion of affordable housing required is set at 25% for all proposals of 12 units or more. -This is consistent with Policy Hou 7 Affordable Housing in the Finalised Edinburgh City Local Plan. -Services for Communities would anticipate that the location, the mix and the range of sizes of the affordable housing contribution would be reflective of the overall development as a whole. -This is in the interests of achieving mixed, sustainable communities. -Affordable housing provision, where it attracts public subsidy in the form of Housing Association Grant, should be compliant with New-build Standards for Lifetime Homes. -10% of the affordable housing contribution should be wheelchair-accessible. -The department also aims to see the affordable housing contribution delivered at the earliest possible opportunity within any given development.

This application proposes the creation of approximately 210 private dwellings. The affordable housing policy will therefore apply, and this application will generate an AHP requirement of approximately 52 units of approved affordable housing tenures. A

Development Management sub committee – 23 October 2013 Page 48 of 77 Section 75 Agreement will be required to secure the affordable housing contribution, and the Department requests that this is explicitly included in the Informatives section of Committee Report.

There are occasional mentions of affordable housing within the documentation supplied by the applicant: in the PAC report pp9 and 12; in the PAC Appendices p20 (though not on pp38-41); in the Design Statement p11 and on p6 of the Newcraighall Joint Masterplan Framework documents. However, Services for Communities will require a clearer single statement from the applicant on their approach to meeting the affordable housing requirement in order to provide our support for the application.

At a meeting between Services for Communities and the applicant on 1 October 2010, a suggestion was made to the applicant of the type of statement that would be required in order to adequately address the approach to affordable housing policy, for a PPP application, for a larger master planned site, that would most likely come forward in detail on a phased basis, potentially through a series of different ownerships. This is a circumstance that the Department has addressed a number of times previously, as there are a number of large master planned sites in the City which have secured planning consent since the inception of the affordable housing policy. The suggestion was therefore made to the applicant that the Department would require a statement within the application that expressed a clear commitment to the following:

-That 25% of the total residential units would be of approved affordable housing tenures -Where possible, that 25% of the units in each AMC application for each phase would be of approved affordable housing tenures (in order to prevent the affordable housing being back-loaded or left till last) -Where any given AMC application contained more than 25% affordable housing (or less than 25%) then the location of the over-supply or shortfall within the wider master planned site would be made explicit within that AMC application

For example, if Plot 1 contains 30% affordable units (5% more than the required 25%), then the AMC application for Plot 1 would identify that the excess 5% related to Plot 2. Plot 2 would therefore require to provide only 20% affordable units in its AMC application.

There are case practice examples of this approach working successfully in practice in Edinburgh, and the Department requires this level of commitment from the applicant before we could lend our support to the application.

The applicant is commended for their consistent commitment, which is peppered throughout the application documents, to ensuring that the affordable housing units will be tenure blind, and integrated seamlessly within the development.

However, the Department cannot support the application in its current guise, and would ask Planning to contact the applicant in order to secure in writing from the applicant a clear statement on their approach to providing the affordable housing requirement, in line with the three bullet points underlined above.

Affordable Housing further comment 20/05/2011

Please find below an updated position regarding affordable housing policy contribution for this application.

Development Management sub committee – 23 October 2013 Page 49 of 77

Since my consultation response in January 2011, the applicant subsequently met with Planning and Services for Communities to discuss the Affordable Housing Policy requirement.

The applicant has now agreed to provide land for 25% of the residential units being proposed.

In summary, Services for Communities is supportive of this application, and the applicant has expressed that they are willing to sign a Section 75 agreement which states the following:

* 25% of the residential units in this application will be of approved affordable housing tenures. * These will ideally be located across at least two plots within the wider PPP site, or at minimum should not exceed more than 0.5ha of social rented accommodation in one plot * Should the development of this site be phased, then either the dedicated plots for affordable housing will be identified, named within the Section 75 agreement and transferred early on, or 25% of each phase will comprise approved affordable tenures. * The affordable housing will be a representative mix of house sizes and types. * This is in the interests of ensuring that a mixed, sustainable community is created within this large, prominent site. It ensures that affordable housing is well-integrated with the overall development, and not left until one particular phase of the development. * A Section 75 Agreement will be required to secure the affordable housing on the terms of the first four bullet points above. * SfC would request that the requirement for a Section 75 Agreement to secure the AHP contribution is included in the informatives section of the committee report.

Bridges + Flood prevention comment

The Flood Risk Assessment and Surface Water Management Plan show an acceptable approach in principle. There are however a number of points which should be addressed.

1. The FRA implies on p15 that I have supplied misleading information. I would be happy to clarify this if the applicant provides details.

2. I have not, as stated on p16, suggested opening up the culvert as a means of solving the flooding problem. I have not indicated that there is a flooding problem with this site. Opening of culverts is generally desirable as an improvement for environmental reasons and also makes it much easier to provide sustainable flood resilience. The Council therefore support SEPA’s policy of opening up culverts wherever practical.

3. The FRA recommends that surface water should discharge to the combined sewer, but the surface water management plan indicates an expectation that it will discharge to the surface water sewer. This must be clarified, and the agreement of Scottish Water must be demonstrated.

4. The allowable discharge to the surface water sewer must be limited to 4.5l/s/ha or the 2yr greenfield rate, whichever is the lower. This applies because the culvert discharges into a watercourse further downstream. Since Scottish Water may also set a

Development Management sub committee – 23 October 2013 Page 50 of 77 rate, the lower would apply. The Council would not require any discharge limit to the combined sewer.

5. The FRA states that an additional storage area may be created if part of the existing embankment were lower to a level below 27.5m AOD. If that is the case, the area must be included within this site.

6. The preliminary calculations indicate an allowable discharge based on the entire site area. That will only be acceptable if the drainage design is also for the total area.

7. The principle of utilising infiltration in the drainage is a good one, but design for extreme events should assume the ground is saturated unless a very long term study is made before design.

8. It is stated that the surface water drainage system has also been analysed to ensure that in the unlikely event of a flood under the extreme rainfall event, no threat to domestic floor levels will be incurred. The analysis also shows that the flood waters will be contained within the development site”. This implies that the detailed design has already been carried out, which I presume is not the case.

9. My recollection of previous flooding problems adjacent to this site is noted. I would caution that I understand the combined sewer to have been a factor in that flooding; however considerable work was done subsequently. I would just emphasise the need to obtain Scottish Water’s approval. The submission does recommend that a full assessment of the capacity of the culvert is carried out; that will clearly be a requirement, along with any improvements which are necessary.

10. The drainage layout shows a SUDS pond directly on top of the existing sewers. I do not consider that to be an acceptable arrangement.

Children and Families 10/01/2011

I refer to your memo dated 13 December and 16 December, 2010 requesting comments on educational provision for the above noted planning application. In previous discussions the impact and requirements of the both developments have been jointly considered and my response it based on this approach.

School Catchment Areas of the Development Sites Both sites are located within the catchment areas of; * Newcraighall Primary School, * St Francis RC Primary School, * Castlebrae High School and * Holy Rood RC High School.

A new St Francis RC Primary School has been built as part of a shared campus with Niddrie Mill Primary School and there is sufficient capacity for the proposed development. There is also surplus capacity at Castlebrae High School.

Holy Rood RC High School has recently opened on an adjacent site with an increased capacity (1,200). The additional capacity is aimed at catering for new development within the catchment and standard denominational developer contributions are normally sought towards helping covering the cost of this extra provision. However, given the

Development Management sub committee – 23 October 2013 Page 51 of 77 funding and land requirements for Newcraighall Primary School this requirement has been waived in this instance.

Newcraighall Primary School The policy guidance on developer contributions advises that where large scale developments warrant a more substantial extension then contributions may be sought to cover cost of works. In such cases a feasibility study may be undertaken to assess how best to extend the school and to provide an estimate of the cost of works. In this instance a desk top study has been undertaken to assess potential requirements and costs of works.

Newcraighall Primary School is 6 class organisation with a notional capacity of 145 pupils. Part of this capacity comprises a temporary unit (TU) which provides two classes. There is a small nursery within the school.

The August 2009 start of session roll for Newcraighall PS was 124, and with 21 spare places the school is operating at 86% capacity. The school attracts a significant number of non-catchment pupils and over half are drawn from outside the catchment and from outside the catchment area. However some pupils attend other catchments schools. Taking account of expected increases pupil numbers arsing from increased births in the city, a base catchment of 90 pupils has been used on which to determine future needs of the school rather than the roll of 124 pupils.

A development of 420 dwellings is expected to generate between 80-100 pupils, and this will require the provision of a 7 class organisation with a capacity of 199 pupils. A 7 class organisation also requires the provision of a second general purpose (GP) room. In terms of floorspace, the requirement is for an additional two rooms (60 square metres each) and associated extra circulation space plus provision of furniture and fittings. There may be a requirement for further office space (15 square metres) to cater for a new Deputy Head (required if the roll rises above 190) and to provide some extra toilets to meet statutory requirements.

School Site Area The statutory requirements specify that a 7 class primary school with a nursery should occupy a minimum site of nearly 1.0 hectare whereas the current site area is approximately 0.4 hectares. To help address this shortfall it is proposed that part of the development site adjoining the school is given over to school use and that provision is made for all weather pitch.

A grassed area is sought to the south-east of the school (approx 0.1 hectares), on land that is bounded by the school and the former miners club and provision of a maximum of 0.1 hectares of hardstanding is sought to the south of the school. Part of the existing hardstanding would be lost to accommodate the school extension. The preference is to provide an all weather facility at Newcraighall Park, that already has changing facilities and which could serve wider community use. This would reduce the required land take at Newcraighall to approx 0.2 hectares. A footpath link would be sought from the school to the park should off-site provision be made.

Indicative Costs – Extension to Newcraighall Primary School Two classes, circulation space and link to existing school £550,000 Works to extend school site - grassed area /tarmac and fencing £80,000 Provision of all weather pitch at Newcraighall Park £200,000 Total Estimated Cost of Works ` £830,000

Development Management sub committee – 23 October 2013 Page 52 of 77

Provision of extra 0.2 hectares of land (estimated land value)

Children and Families further comment 8/10/2013

I refer to your memo dated 2 October 2013 requesting comments on the proposed legal agreements provision for the above noted planning applications.

In previous discussions the impact and requirements of the both developments have been jointly considered and my response it based on this approach.

Both sites are located within the catchment areas of; • Newcraighall Primary School, • St Francis RC Primary School, • Castlebrae High School and • Holy Rood RC High School.

There is surplus capacity at Castlebrae High School. A new St Francis RC Primary School has been built as part of a shared campus with Niddrie Mill Primary School and Holy Rood RC High School has been rebuilt with an increased capacity (1,200) to cater for new development within the catchment. Where considered necessary to address capacity issues, management controls would be applied to give priority to baptised Roman Catholics.

Newcraighall Primary School Newcraighall Primary School is 6 class organisation with a notional capacity of 140pupils. There is a small nursery within the school.

The August 2012 start of session roll for Newcraighall PS was 117, and the school is operating at 85% capacity. The school attracts a significant number of non-catchment pupils and over half the pupils are drawn from outside the catchment. A development of some 420 dwellings over the two housing sites is expected to generate between 80-100 pupils, and this will require the provision of a 7 class organisation with a capacity of 210 pupils. A 7 class organisation would also require the provision of a second general purpose (GP) room.

The statutory requirements specify that a 7 class primary school with a nursery should occupy a minimum site of a one hectare whereas the current site area at Newcraighall Primary School is approximately 0.4 hectares. To help address this shortfall it is proposed that part of the development site adjoining the school is given over to school use and that provision is made for all weather pitch.

Section 75 Agreement In discussion with the applicants on educational contributions, both have indicated a willingness to contribute £415,000 each, (total sum of £830,000) towards the extension of Newcraighall Primary School, making provision for extra land around the school and provision of an all-weather pitch.

For each site, terms are sought whereby the payment is made in two tranches. The first payment would be made upon completion of the 100th unit and the second being paid prior to final completion of the development. For clarity over the point of second

Development Management sub committee – 23 October 2013 Page 53 of 77 payment I would suggest that second payment is made prior to completion of last 5 dwellings or something similar.

In relation to the Dalrymple Trust site, it is proposed additional school land will be transferred within one month of the signing of the legal agreement that will accompany this application. The legal agreement for the transfer of land will need to be taken forward separately from the North Newcraighall application, so there is an element of risk, although such a proposal has the support of the landowner.

It is the cumulative impact of the two developments around Newcraighall that is the driver for the extra accommodation at Newcraighall Primary School. A single development could potentially be absorbed within the school, although it would result in the school taking more catchment pupils and fewer placements.

The provision of or an all-weather pitch could expect to be the last thing that is delivered, subject to funding remaining from works to the school. Such a facility may be provided on-site at the school or off-site at Newcraighall Park and this will depend on future feasibility studies to determine the best way forward.

Payment of contributions should be index linked to the BlCS All in Tender Price.

The Coal Authority comment 21/12/2010

I have reviewed the proposals and confirm that the application site falls within the defined coalfield area. The Coal Authority’s records indicate that within the application site and surrounding area there are coal mining features and hazards which need to be considered in relation to the determination of this planning application. These include former coal mine workings at shallow depth and a number of mine entries.

The applicant has obtained appropriate and up-to-date coal mining information for the proposed development site, and has used this information to inform the EDI Development Appraisal Report which accompanies this planning application. The Coal Authority has the following comments to make on the EDI Development Appraisal Report:

The EDI Development Appraisal Report correctly identifies that the application site has been subject to past coal mining activity.

The Coal Authority concurs with the recommendations set out in sections 8.3 and 8.4 of the Development Appraisal Report; that further intrusive site investigation works should be undertaken with reference to the recorded mine entries and shallow coal mine workings within the site to determine the need for, and extent of, any remedial measures prior to development.

The Coal Authority Recommendation to the LPA

The LPA should consider imposing a Planning Condition should planning permission be granted for the proposed development requiring these site investigation works prior to commencement of development.

In the event that the site investigations confirm the need for remedial works to treat the mine entries and areas of shallow mine workings to ensure the safety and stability of

Development Management sub committee – 23 October 2013 Page 54 of 77 the proposed development, this could also be conditioned to ensure that any remedial works identified by the site investigation are undertaken prior to commencement of the development.

General Information for the Applicant

Where development is proposed over areas of coal and past coal workings at shallow depth, The Coal Authority is of the opinion that applicants should consider wherever possible removing the remnant shallow coal. This will enable the land to be stabilised and treated by a more sustainable method; rather than by attempting to grout fill any voids and consequently unnecessarily sterilising the nation’s asset.

Under the Coal Industry Act 1994 any intrusive activities, including any further site investigation boreholes, and/or any subsequent treatment of coal mine workings/coal mine entries for ground stability purposes require the prior written permission of The Coal Authority, since such activities can have serious public health and safety implications.

Application forms for Coal Authority permission and further guidance can be obtained from The Coal Authority’s website at www.coal.gov.uk/services/permissions/index.cfm.

The Coal Authority further comment 16/09/2010

Thank you for your letter notifying The Coal Authority of the reconsultation on the above planning application owing to the changed planning status of the site. The Coal Authority does not wish to make any additional observations at this stage, but the comments in our original consultation response of 21 December 2010 stand.

Craigmillar Community Council comment 30/01/2011

Craigmillar Community Council wish to lodge the following comments/objections to planning application; 10/03449/PPP which is within our boundary and to raise the same concerns regarding 10/05306/PPP which lies in the adjacent Portobello CC area.

-A more extensive traffic impact study is required in light of the size of this proposal, the regeneration in Craigmillar, the Bio quarter, Queen Margaret University, and other projects planned in East Lothian.

-The intention to have access to both sites from single roads within the village would increase the traffic unnecessarily if each site had an entrance and exit at the outskirts of the village this would reduce the though traffic.

-The area is liable to flooding and any building would reduce already bad drainage.

-The area is riddled with unmapped mine workings and while new buildings can be built on concrete rafts the changes to surface drainage and stress caused by new buildings could cause mine workings to collapse and possibly damage existing buildings.

-The infrastructure of the village is not capable of providing for a doubling of population and would need upgrading.

-This same doubling would ruin what is a historical miner’s village.

Development Management sub committee – 23 October 2013 Page 55 of 77

Craigmillar Community Council further comment 17/09/2011

Craigmillar Community Council wishes to restate their objections to the following planning applications 10/03449/PPP & 10/03506PPP. Furthermore in light of the court judgement clarifying the status of this land we question whether any building should be permitted at all. The improvements to traffic flow proposed by the Head of Transport and the following increase in the amount of traffic, by rat runners, would not only cause problems in Newcraighall Village but have an adverse effect on the whole of Craigmillar, adding to the problems already on Niddrie Mains Road. There are also extensive brown belt sites in the area, many with planning permission already in place. Building on land that could very well be re-designated green-belt makes no environmental sense, this is being done in the name of profit and nothing else.

CTC Scotland comment 09/09/2011

We object to this application on the grounds that the developers have still not included a direct and continuous cycleway through the site from west to east, starting at the under-bridge of the 'live' railway, and continuing to a segregated crossing of Newcraighall Rd at the east end. This route would follow, or replace, the line of the existing disused railway line through the site. In a westerly direction, the old rail line could provide a direct off-road access to the nearest supermarket, Asda, for potential residents of Newcraighall North, thus mitigating car use and encouraging walking and cycling.

In addition, the developers must ensure connections between this east-west route and the existing cycle route which runs from Newcraighall Rd to Brunstane.

We re-emphasise the importance of definition and continuity for cycle routes:

The importance of old rail lines as potential cycle routes is two-fold: definition, and continuity. Definition means the route can easily be followed without recourse to signage, maps etc; continuity means the route is uninterrupted, by crossings, junctions etc. The developers' proposals to accommodate cycling significantly lack these features. Thus, in Newcraighall North the cycle 'route' would be on proposed residential roads, mixed in with other traffic, and include an at-grade crossing of the main road, followed by some intricate and devious paths and roads on the south side.

ECLP Policy TRA 13 states “planning permission will not be granted for development which would prevent the implementation of proposed cycle or foot paths shown on the Proposals Map, [or] would be detrimental to a core path network or prejudice continuity of the off-road network, [or] prejudice possible development of an abandoned railway alignment... or its incorporation into the off-road path network”. We strongly support the recommendations from CEC Transport (one of the documents of the submission), as reproduced below: we want these to be included as conditions of planning consent.

DA

1. The removal of the existing disused railway abutment on the north side of Newcraighall in order to achieve the visibility requirements in respect of the proposed secondary access. Associated carriageway & footway widening will be required.

Development Management sub committee – 23 October 2013 Page 56 of 77 Reasons - road safety, and to provide improved pedestrian routes to the existing village and public transport;

2. Notwithstanding 1. above a single vehicular access for the proposed site would be acceptable, and in accordance with the council’s Movement and Development Guidelines. It is preferable therefore that a vehicle access to the development is not located to the east of this abutment. It is noted that the gradient of this proposed secondary access appears to be in the region of a 1:12 - the maximum permitted in our guidelines. Further consideration should be given to determine if the gradient could be reduced should you be minded to approve a vehicle access at this location;

3. Details of north-south and east-west pedestrian and cycle routes to be provided. The routes should be attractive, safe, coherent and highly visible to the residents. Information should be given on the types of facilities being provided (including example design details) and their location. The plans should show how the National Cycle Network Route 1 would be diverted away from Newcraighall Road;

4. A grade separated pedestrian/cycle link connecting the north & south sites remains an objective of CEC & East Lothian Council, the existing disused railway abutments further east could provide this opportunity;

5. Further consideration is required with regards to widening the existing restricted footways at the west end of the village, desirable minimum footway width of 2m. This is to provide suitable connectivity with the rail station and at the Fort Kinnaird further west;

10. The nearby Park and Rail offers another public transport option, pedestrian and cycling access to the Park and Rail site should be protected and enhanced, with a well- lit, well-signed shared use route that makes access as quick and direct as the development layouts permit.

Notwithstanding all the above the earlier objection on behalf of CTC, which was sent to you on 5 January 2011, still stands. We agree entirely with the ruling of the Court of Session, that these sites are not suitable for housing; and being Greenfield sites they should not be used for housing so long as there is a supply of brownfield land within the city. As noted in our earlier objection, housing developments here are unsustainable and would intensify car use.

Culture + Sport comment 20/12/2010

Culture & Sport support the proposal for a third generation synthetic pitch to be installed at Newcraighall Park as part of the Section 75 developers contributions towards improving sport and recreation facilities for the school and community. Culture & Sport must be involved in the planning of any synthetic pitch (or other investment in the sporting facilities) at Newcraighall Park.

East Lothian Council comment 04/02/2011

The comments provided below are largely in relation to the application Newcraighall East (Ref 10/03506/PPP), given its location adjacent to the East Lothian boundary. However where indicated some comments do relate to Newcraighall North (10/03449/PPP).

Development Management sub committee – 23 October 2013 Page 57 of 77 Bus Route

As required by the Edinburgh City Local Plan the masterplan reserves a bus route to connect through to Queen Margaret University. The possible alignment of the bus route shown on the masterplan runs alongside the route of the power lines which form the northern boundary of Craighall East housing site.

As you will be aware the East Lothian Local Plan requires any developer of the adjoining Craighall Business Park proposal site in East Lothian to also reserve land sufficient to enable future access to Queen Margaret University by the provision of a bus link. The possible alignment of this public transport safeguard in the draft Development Framework for Craighall Business Park does not conflict with the possible route illustrated in the Newcraighall East masterplan. East Lothian Council therefore raises no objection to the possible alignment of the bus route shown in the masterplan.

East Lothian Council recommends that a condition be placed on any planning permission for Newcraighall East that commits the applicant to reserving land within the site for a bus route and ensuring that is appropriately designed to accommodate bus services.

At the time any application for matters specified in condition is submitted, East Lothian Council must also be consulted on the proposed alignment of the bus route reservation.

Proposed Footpath/Cycle Network Improvements

The Edinburgh City Local Plan requires that proposals for Newcraighall East should make provision for footpath/cycle network improvements. The masterplan indicates that there is the potential for removal of the railway abutment, bridge and embankment that crosses Newcraighall Road, stating this will improve connectivity and ease of pedestrian movement along Whitehill Street/Newcraighall Road. It also suggests possible re-routing of National Cycle Network 1 (NCN1) through Newcraighall East thus reducing the length of the existing on-road section and connecting to East Lothian. The possible alignment of this re-routing is shown to be parallel with the proposed bus route. The Planning Statement accompanying the planning application states that this alignment fits with emerging proposals advanced by East Lothian Council. This however is not the case; whilst East Lothian Council does have a different preference for this route there are no current proposals on the East Lothian side of the boundary for re-routing NCN1.

It is East Lothian Council’s view that there is little merit in the possible alignment shown in the masterplan, as until such time as the business park on the adjoining East Lothian site is developed the ‘missing link’ between Newcraighall East, Musselburgh Station and Queen Margaret University would be unable to be realised. An alternative route for NCN1 should therefore be provided. The proposed footpath shown on the masterplan that links to the footpath running along the northern boundary of Newcraighall Public Park could be used to provide a link to the existing NCN1 at the entrance of the park. East Lothian Council would find this solution acceptable in the short term rather than the existing proposed alignment shown on the masterplan.

East Lothian Council’s preference and longer term aspiration is for NCN1 to be re- routed by means of a pedestrian/cycle bridge over Newcraighall Road, as safeguarded in the Edinburgh City Local Plan, and then to follow the route of the former railway embankment which leads to Musselburgh Station. This would considerably reduce the

Development Management sub committee – 23 October 2013 Page 58 of 77 on-road route section and provide a direct link to Musselburgh Station from both Newcraighall development sites. The draft Development Framework for Craighall Business Park supports and illustrates this re-routing option.

In order to facilitate the applicant’s proposals to possibly remove the existing bridge deck and abutments and not to prejudice East Lothian Council’s preference or the cycleway/footpath safeguard illustrated in the Edinburgh City Local Plan, it is suggested that the other set of disused abutments to the east, close to the bridge deck proposed for removal, could be used to carry a new lightweight bridge for pedestrians and cyclists. This would also provide a better link to the existing NCN1 on the north side of Newcraighall Road. Minor changes to the masterplan for Craighall North might be required to allow NCN1 to align with the eastern abutments. East Lothian Council would accept the applicant’s proposals for removal of the northern bridge deck and abutments if Edinburgh Council is supportive of East Lothian’s longer term aspiration of pursuing an alternative bridge crossing using the eastern abutments.

In addition East Lothian Council would expect the layout of Newcraighall East to allow for future pedestrian/cycle links to be provided between the housing and the open space to the east to allow direct access between the housing site and the potentially re- routed NCN1 along the former railway embankment. As with the bus route reservation East Lothian Council recommends that a condition to be placed on any planning permission for Newcraighall East that commits the applicant to providing footpath/cycle network improvements. At the time any application for matters specified in condition is submitted East Lothian Council should be consulted on the proposed alignment of footpath/cycle network improvements.

Tram Line 3 Reservation

I note that the masterplan illustrates a route of the tram reservation in East Lothian running parallel to the City of Edinburgh boundary. Whilst it is a requirement of the Edinburgh and Lothians Structure Plan and the East Lothian Local Plan to safeguard land for tram line 3 to serve Queen Margaret University, Musselburgh station and Musselburgh town centre a suitable route has still to be identified. The identification of the tram route as indicated on the masterplan is therefore premature.

Open Space/Landscaping

East Lothian Council supports the proposal for a landscape buffer incorporating boulevard tree planting along the southern edge of the site. Provided this landscape buffer is of an appropriate width and planted with suitable species it would provide appropriate screening between the housing site and the proposed Craighall Business Park in East Lothian. The draft Development Framework for Craighall Business Park requires a wide landscape buffer that retains the existing trees and is supplemented by new tree and shrub planting to be provided along the western boundary of the proposal site adjacent to the housing site.

East Lothian Council recommends that a condition be placed on any planning permission for Newcraighall East to require a detailed scheme of landscaping to be submitted as part of any matters specified in condition application. For the southern boundary the landscaping scheme would be expected to provide details of tree and shrub sizes, species, habitat, siting, planting distances and a programme of planting and to include indications of all existing trees and hedgerows on the land, details of any

Development Management sub committee – 23 October 2013 Page 59 of 77 to be retained, and measures for their protection in the course of development. East Lothian Council should be consulted on any detailed landscaping plan submitted.

Built Form

The masterplan shows that the orientation of the principal elevation of the block of houses that occupy the southern portion is towards East Lothian. This is satisfactory provided that the landscape buffer and boulevard planting proposals provide a suitable robust edge. Again, East Lothian Council should to be consulted on any matters specified in condition application which provides details of the proposed house types, heights, finishing materials etc.

East Lothian Council further comment 20/09/2011

We can advise that East Lothian Council do not wish to make any further comment on the above applications.

Environmental Assessment comment

The application proposes new residential and commercial properties on an area of undeveloped land. Residential properties exist to the east, west and south of the site. A railway line is situated to the south west with fields to the north.

Contaminated Land

This Department has assessed the following report submitted in support of the application with regard to potential development issues arising from land contamination:

- The EDI Group; Newcraighall North (HSG 14); Development Appraisal; Areas 1, 1A & 1B: IKM Consulting; November 2010

It is understood that the developer intends to carry out further site investigation to establish risks from land contamination to the proposed development in HSG 14. This Department intends to open discussions with the developer with regard to this issue in the near future following assessment of the above report. Therefore, should consent be granted for the development proposal, this Department will recommend a condition to ensure that further information is provided which demonstrates that the site has been made suitable for its end use.

Air Quality

An air quality assessment has been undertaken by applicant in order to assess the potential impacts of the proposed residential development in Newcraighall on local air quality. The proposed development is located on a site referred to as HSG 14, which is located to the north of Newcraighall Road and is planned to consist of approximately 200 residential properties.

The applicant has assessed road traffic pollutants including the potential contribution of emissions from an existing biomass boiler located at Queen Margaret University, East Lothian.

Development Management sub committee – 23 October 2013 Page 60 of 77 Cumulative impacts have been considered by predicting the impact on pollutant concentrations of increased road traffic associated with the proposed development together with additional road traffic likely to be generated by another nearby development site (HSG 15). A construction phase dust assessment has been undertaken.

Environmental Assessment can confirm that the assessment has been carried out using relevant data and in accordance with the appropriate guidance. The likely cumulative impact of NO2 and PM10 on the proposed site and surrounding area has been considered negligible. The impact the biomass plant will have on the site has been modelled and deemed imperceptible.

During the construction phase of the development it has been identified that dust and PM10 may impact on neighbouring sensitive receptors during construction. The applicant has included a number of mitigation measures for this phase to control dust and PM10 emissions, details of these measures can be found in Table 21 of the Air Quality Impact Assessment. A condition will be recommended by this Department which includes measures to protect local amenity within sensitive receptors during the construction phase.

Noise

The masterplan for the site advises that a number of commercial premises may be included within the application site and situated along Whitehill Street. The uses may include Class 10 and Class 11 premises. Some uses within Class 10 and Class 11 are not compatible within a predominantly residential area. Such premises require to be adequately conditioned and appropriately sited to be able to operate within a residential area without impacting upon residential amenity. Such premises may also require a noise impact assessment recommending measures designed to protect localised residential amenity. Therefore, this Department will only support non specified Class 10 and Class 11 premises within this application if the applicant provides information at the Approval of Matters Specified in Conditions (AMC) stage which proves that localised amenity will be protected. In this regard, the siting of such premises is recommended to be reserved for further details to be provided at the AMC stage. This Department also recommends that a noise impact assessment be provided in support of any Class 10 and Class 11 premises to demonstrate that residential amenity will be protected.

The application site is adjacent to pylons with overhead electric cables. This Department would expect any noise associated with the overhead cabling to comply with NR20 within the residential properties with a window open for ventilation purposes. This issue will require to be considered within the layout of any future detailed development and thus should be considered at the AMC stage. This Department will recommend a condition to that effect.

Therefore, Environmental Assessment has no objections to this proposed development subject to the following conditions:

Site in General

Contaminated Land

1. Prior to the commencement of construction works on site:

Development Management sub committee – 23 October 2013 Page 61 of 77 (a) A site survey (including intrusive investigation where necessary) must be carried out to establish to the satisfaction of the Head of Planning, either that the level of risk posed to human health and the wider environment by contaminants in, on or under the land is acceptable, or that remedial and/or protective measures could be undertaken to bring the risks to an acceptable level in relation to the development; and

(b) Where necessary, a detailed schedule of any remedial and /or protective measures, including their programming, must be submitted to and approved in writing by the Head of Planning.

Any required remedial and/or protective measures shall be implemented in accordance with the approved schedule and documentary evidence to certify those works shall be provided to the satisfaction of the Head of Planning.

Air Quality

During the development phase the protective dust and PM10 mitigation measures shall be designed and implemented as specified in Table 21 of the AECOM, Site HSG 14, Newcraighall – Air Quality Assessment, Job Number 60191354 (February 2011).

Retail (Class 1)

All music and vocals amplified or otherwise shall be so controlled as to be inaudible within any neighbouring premises.

The design, installation and operation of any plant, machinery or equipment shall be such that any associated noise complies with NR25 when measured within any nearby living apartment, and no structure borne vibration is perceptible within any nearby living apartment.

The sound insulation properties or sound transmission characteristics of the structures and finishes shall be such that no impact or airborne noise from the normal operations within the application premises is audible in any neighbouring living apartment.

Hours of operation will require to be agreed at the Approval of Matters in Conditions (AMC) stage.

Deliveries and collections, including waste collections, to be restricted to 0700 - 1900 hours Monday to Saturday.

Office (Class 2)

The design, installation and operation of any plant, machinery or equipment shall be such that any associated noise complies with NR25 when measured within any nearby living apartment, and no structure borne vibration is perceptible within any nearby living apartment.

Business Units (Class 4)

The design, installation and operation of any plant, machinery or equipment shall be such that any associated noise complies with NR25 when measured within any nearby living apartment, and no structure borne vibration is perceptible within any nearby living apartment.

Development Management sub committee – 23 October 2013 Page 62 of 77

All music and vocals amplified or otherwise shall be so controlled as to be inaudible within any neighbouring premises.

Deliveries and collections, including waste collections, to be restricted to 0700 - 1900 hours Monday to Saturday.

No permitted change to use class 6 will be allowed.

The sound insulation properties or sound transmission characteristics of the structures and finishes shall be such that no impact or airborne noise from the normal operations within the application premises is audible in any neighbouring living apartment.

Class 9 Residential

No development shall take place until a scheme for protecting all bedrooms and living rooms of the residential development against road and rail traffic noise has been submitted and approved by the Council as Planning Authority. The scheme will be designed in accordance with BS8233:1999 'Sound Insulation and Noise Reduction for Buildings - Code of Practice' to attain the following internal noise levels:

Bedrooms - 30dB LAeq, T and 45dB LAfmax Living Rooms - 30 dB LAeq, D

T - Night-time 8 hours between 2300 - 0700 D - Daytime 16 hours between 0700 - 2300

The agreed scheme must be implemented in full, prior to the use being taken up.

The development shall be designed and constructed so that any noise associated with the overhead electrical power cables complies with NR20 when measured within any nearby living apartment with the windows open for adequate ventilation.

Community Facilities (Class 10)

All music and vocals amplified or otherwise shall be so controlled as to be inaudible within any neighbouring premises.

The sound insulation properties or sound transmission characteristics of the structures and finishes shall be such that no impact or airborne noise from the normal operations within the application premises is audible in any neighbouring living apartment.

Portobello Community Council comment 04/02/2011

The nature of the application, its impact upon the wider area, the assumptions made and data used in the Transport Assessment Report cause us considerable concern and we therefore object to the development. Our objections are followed by comments on the application.

Objections (relevant section of Savell Bird & Axon Transport Assessment Report quoted first)

Development Management sub committee – 23 October 2013 Page 63 of 77 6.2 Traffic surveys were undertaken at the following junctions between 07:30 - 10:30 and between on 16:00 - 19:00 on Wednesday 16th June:

6.3 Analysis of the survey data identified the following peak hours to be considered within the assessment: Weekday AM (09:00-10:00)’

This last assertion based on analysis of the survey data - that peak traffic occurs between 9am and 10 in the morning, underpins the data put forward in other parts of the report. But surely peak traffic occurs at an earlier hour, somewhere between 7.45 and 8.45am? Certainly the school run at the local Primary School is over by 9am, the school bell having rung at 8:55am. What conclusion should we draw from this; that the survey results were based on insufficient data?

The fact that the survey was conducted on a single day on the face of it, an inadequate sample - would seem to suggest so.

6.8 It was agreed with officers of CEC that no traffic growth would be applied to the observed traffic flows. This statement seems at odds with two other factors:

1. The imminent increase in retail floorspace at Fort Kinnaird (ref. Gibraltar Developments proposals to be tabled at public exhibition on 11th Jan) and the undoubted increase in shopper numbers and therefore traffic volumes that will inevitably lead to traffic growth through Newcraighall village?

2. The housing development proposed to the South side of Newcraighall Road, approximately 220 new houses, will no doubt result in traffic growth?

If, as I hope I have demonstrated above, the survey data, assertions and assumptions agreed with CEC are shown to be either inadequate or inaccurate then I would recommend that:

1. The Traffic Impact Assessment in section 7 of the report be disregarded and a full and accurate Traffic Survey carried out at the earliest convenience.

2. Other statements/claims in the main report that are based on the TIA (‘3.15...the proposals will not have a detrimental effect on the capacity of the local road network’) be disregarded and compliance with the local and national policies outlined in section 3 of the report, be called into question.

The residents of Newcraighall village especially those on the main through road - who will have to live with the consequences of increased traffic growth, deserve better.

Comments regarding overall proposals

Residents of Newcraighall have expressed concerns regarding the access road proposed to pass between cottages on Whitehill Road the reason for the gap is because two cottages were demolished due to subsidence caused by unstable ground below.

The development site is directly over disused mine workings. Concerns have been expressed that building houses on this land will lead to a situation similar to that experience by residents of Gilmerton in 2000 the subsidence of many houses due to disused underground limestone workings

Development Management sub committee – 23 October 2013 Page 64 of 77

Many people continue to express concern over the use of green belt land for development. While the two sites were, in terms of the latest CoEC Local Plan, ‘legitimately’ removed from the Green Belt, it is believed by many people that other options could have been pursued; development of existing brownfield sites; development of sites which would have a lesser impact on the existing infrastructure and residents.

Comments (relevant section of Savell Bird & Axon Transport Assessment Report quoted first)

'3.4 The development proposals contain [...] measures to improve pedestrian / cycle linkages through the site...’

3.15 The development location and proposals are compliant with the national and local policies outlined above in that:

- The location of development will allow improvements to the existing pedestrian/cycle facilities improving access for the wider community as required by the Edinburgh City Local Plan allocation;

It is not clear from this statement and the supporting documents what part the developer will play in improving cycle linkages;

1. Figure 3 shows NCR1 in its existing form heading north from QMUC onto Newcraighall Road, then heading east until it doubles back and heads NW along the northern boundary of the development site. a. Is a dedicated cycle lane to be marked on the pavement to the north side of Newcraighall Road (the plan drawing does not make this clear)? If not, we will have status quo - NCR1 sharing Newcraighall Road - i.e.; zero developer contribution. b. The proposed realignment of the cycle route where it leaves Newcraighall Road to the east of the development site and shares the proposed access road – does not seem to be an ‘improvement’, rather it will bring increased hazards; having to cross the main access road into the new development to ascend the steep hill that will result from bringing the existing cycleway (currently some 30 to 40 feet above the ground surface of the field) down to a level with the new road.

2. The ‘existing pedestrian and cycle access retained’ to the West of the development site, as shown on cadell2’s Draft Masterplan Drawing no. BS/L/02, is not currently a recognised access, more a well trodden dog walkers' path. Any potential value in this access would come by linking it to the ASDA superstore some distance to the west, a project probably out with the scope of the developer and therefore not relevant to this application.

5.7 The site will be developed with a high level of pedestrian permeability ensuring safe, convenient and direct pedestrian links are provided between the site and the existing pedestrian network and bus stops. A number of measures are proposed to enhance the pedestrian / cycle connectivity in the local area as follows:

The report then states;

Development Management sub committee – 23 October 2013 Page 65 of 77

- A potential new pedestrian / cycle crossing on Newcraighall Road to be delivered in combination with the developers of HSG 15 linking to the proposed Pedestrian /cycle routes within the HSG 15 site;

- A new signalised Pedestrian crossing in the vicinity of Newcraighall Primary School providing a safe route to school for residents of Gilbertstoun and the residents of HSG 14; and

- Amendments to the existing traffic calming and bus stops locations in combination with a scheme of public realm improvements with the aim of increasing pedestrian permeability whilst emphasising the ‘village’ nature of this road.

These proposals include works to the main road infrastructure which may be out with the scope and/or budget of the developers – something they themselves have admitted in the past. I am concerned that these proposals may be shelved during the inevitable rounds of ‘value engineering’.

The inclusion of a residential ‘Travel Pack’ is to be welcomed.

Portobello Community Council further comment 30/09/2011

I am writing on behalf of the Portobello Community Council (PCC) one of the statutory consultees in relation to the above noted planning application. My purpose in writing to you is to lodge an objection on behalf of the PCC on the basis that the proposals are :

1. out of keeping of the local area - if approved the size of Newcraighall Village will double; 2. detrimental to traffic flow in and around the area, posing a real danger to existing residents, schoolchildren and the elderly. 3. at odds with current economic climate, there are a number of more appropriate brownfield sites available for development. 4. encouraging the loss of a clear boundary to distinguish the City of Edinburgh from East Lothian and 5. detrimental to the amenity of existing residents and visitors to the area.

In addition to these five specific concerns, there a number of wider issues, which we believe are material to the proposals for this site.

These are:

• The Edinburgh City Local Plan no longer contains a presumption that 400 homes should be built on the earmarked sites at Newcraighall • The proposals are at odds with the Lothian Structure Plan to 2015, specifically o Para 3.2: Where the strategy is to continue to restrain outward growth of the city o Para 3.3 Which gives priority to re use of brownfield land and o Para 3.3: Recommends locating new development where it is easily accessible by foot cycle and public transport o The Edinburgh City Local Plan at:P60 para 6.6 concludes: The Structure Plan recognises that the allocation on Edinburgh’s urban fringe will result in the development of greenfield, and if necessary Green Belt sites, however.....

Development Management sub committee – 23 October 2013 Page 66 of 77

Such .....sites are to be identified which support sustainable transport objectives and offer a good level of access by public transport. Where Green Belt sites are necessary, sites are to be chosen which have the least impact on Green Belt objectives and where new long-term and defensible Green Belt boundaries can be established.

This does not appear to be the case with the proposals for Newcraighall o Newcraighall is not listed as development site and therefore contrary to Housing Policy, specifically Policy HOU1.

In addition to the concerns noted above, we have established that if the development were to proceed, it would be at odds with Schedule 3.1 Edinburgh Urban Fringe Plan and that it would also fail to meet the Council’s own Green Belt Policy, specifically the ENV 2: Green Belt policy document. Clearly as the proposals for Newcraighall fail to conform to these requirements and as such they should be refused and that we would ask the Committee to reject this application.

Scottish Power comment 17/02/2011

I refer to the notification relative to the above planning application, which I have received as a result of Scottish Power transmission apparatus traversing the site.

On behalf of Scottish Power I wish to draw the applicant's attention to the presence of electricity apparatus as follows:

- The proposed development and use may interfere with the overhead transmission line, route ZD. If the proposal proceeds, it is essential to Scottish Power’s operations that statutory safety clearances are maintained and that Scottish Power have access to the apparatus. Where work is being carried out in the vicinity of an overhead line it must be in accordance with Health and Safety Guidance Note GS6 'Avoidance of Danger from Overhead Lines'.

- In addition to the overhead transmission lines there may be lower voltage overhead and underground apparatus within the site. It is essential to Scottish Power’s operations that access to the apparatus is maintained at all times. Also where work is being carried out in the vicinity of underground cables it must be in accordance with Health 7 Safety Guidance Note HS (G)47 'Avoiding Danger from Underground Electricity Cables'.

Please note that once the developer has made an approach to Scottish Power it is hoped satisfactory arrangements to protect Scottish Power’s operational apparatus will be achieved voluntarily. Accordingly I shall be obliged if you will consider this as a holding objection and pass this information to the applicant as a condition should the development be approved. In addition the line is held under a Deed of Servitude which provides a legal restriction of no buildings or other erections within a certain distance of the conductors or tower laterally.

Scottish Rights of Way + Access Society comment 28/09/2011

The National Catalogue of Rights of Way shows asserted right of way LC1 is affected by planning application 10103449/PPP. I have enclosed a map with the right of way

Development Management sub committee – 23 October 2013 Page 67 of 77 highlighted in pink. As there is no definitive record of rights of way in Scotland, there may be other routes that meet the criteria but have not been recorded as they have not yet come to our notice.

The applicant's Design Proposal states that "the existing Right of Way (LC1) which runs across the site and to the rear of Whitehill Street will be relocated to follow the principal street". As the proposed new line of asserted right of way LC1 does not appear to be significantly longer, we have no objection to its realignment. The Society requests that once the new line is finalised we receive notification, and that we are kept informed as to the timescale of works affecting the right of way.

The Society asks that asserted right of way LC1 remains open and clear of obstruction during and after the proposed redevelopment of the site, on either its existing line or on its realignment. We request further detail on how public access is to be managed alongside site traffic.

You will no doubt be aware there may now be general access rights over any property under the terms of the Land Reform (Scotland) Act 2003. It is also worth bearing in mind the Core Paths Plans, prepared by the City of Edinburgh Council's own Access Team as part of their duties under this Act.

Neither the Society nor its individual officers carries professional indemnity insurance and in these circumstances any advice that we give, while given in good faith, is always given without recourse. Scottish Water comment 15/12/2010

Scottish Water has no objection to this planning application. Since the introduction of the Water Services (Scotland) Act 2005 in April 2008 the water industry in Scotland has opened up to market competition for non-domestic customers. Non-domestic Household customers now require a Licensed Provider to act on their behalf for new water and waste water connections - further details can be obtained at www.scotlandontap.gov.uk.

We are however unable to reserve capacity at our water and wastewater treatment works in advance of formal agreement made with us. In view of this, the information provided in this letter will need to be reviewed if this proposal progresses to full planning approval.

In terms of planning consent, Scottish Water does not object to this planning application. However, please note that any planning approval granted by the Local Authority does not guarantee a connection to our infrastructure. Approval for connection can only be given by Scottish Water when the appropriate application and technical details have been received. Approval for connection can only be given by Scottish Water when the appropriate application and technical details have been received.

ALNWICKHILL Water Treatment Works currently has capacity to service this proposed development.

AVSE PFI EDINBURGH Waste Water Treatment Works currently has capacity to service this proposed development.

Development Management sub committee – 23 October 2013 Page 68 of 77 A totally separate drainage system will be required with the surface water discharging to a suitable outlet. Scottish Water requires a sustainable urban drainage system (SUDS) as detailed in Sewers for Scotland 2 if the system is to be considered for adoption.

Scottish Water’s current minimum level of service for water pressure is 1.0 bar or 10m head at the customer’s boundary internal outlet. Any property which cannot be adequately serviced from the available pressure may require private pumping arrangements installed, subject to compliance with the current water byelaws. If the developer wishes to enquire about Scottish Water’s procedure for checking the water pressure in the area then they should write to the Customer Connections department at the above address.

An appropriate water storage system Water storage equivalent to 24 hours usage is recommended for commercial premises. Details of such storage installations must be forwarded can be discussed to Scottish Water’s Customers Connections department.

Scottish Water further comment 09/09/2011

Scottish Water has no objection to this planning application. This response is made based on the information available to us at this time and does not guarantee a connection to Scottish Water’s infrastructure. A separate application should be submitted to us made for connection to our infrastructure after full planning has been granted.

Alnwickhill Water Treatment Works currently has capacity to service this proposed development.

Edinburgh Waste Water Treatment Works currently has capacity to service this proposed development.

If this development requires the existing network to be upgraded, to enable connection, the developer will generally meet these costs in advance. Scottish Water can make a contribution to these costs through Reasonable Cost funding rules. Costs can be reimbursed by us through Reasonable Cost funding rules

A totally separate drainage system will be required with the surface water discharging to a suitable outlet. Scottish Water requires a sustainable urban drainage system (SUDS) as detailed in Sewers for Scotland 2 if the system is to be considered for adoption.

Scottish Water’s current minimum level of service for water pressure is 1.0 bar or 10m head at the customer’s boundary internal outlet. Any property which cannot be adequately serviced from the available pressure may require private pumping arrangements installed, subject to compliance with the current water byelaws. If the developer wishes to enquire about Scottish Water’s procedure for checking the water pressure in the area then they should write to the Customer Connections department at the above address.

If the connection to public sewer and/or water main requires to be laid through land out- with public ownership, the developer must provide evidence of formal approval from the affected landowner(s). This should be done through a deed of servitude. SEPA comment 12/01/2011

Development Management sub committee – 23 October 2013 Page 69 of 77

SEPA object to this planning application on the grounds of a lack of information on flood risk. We will remove this objection if the issues detailed in Section 1 below are adequately addressed.

We would also ask that the planning condition in Section 2 be attached to any approved consent. If this is not applied, then please consider this aspect of our representation as an objection. Please also note the advice provided below.

Advice for the planning authority

1. Flood risk

1.1 We object to the proposed development on the grounds that it may place buildings and persons at flood risk contrary to Scottish Planning Policy (SPP) and Planning Advice Note (PAN) 69 ‘Planning and building standards advice on flooding’.

1.2 Full flood risk comments are detailed below under Appendix 1. However, before we would consider removing our objection to the proposed development, we would wish to see the site layout amended to incorporate the recommendations outlined within the Flood Risk Assessment (FRA) carried out by Kaya Consulting and dated 10 November 2010 and the Surface Water Management Plan carried out by IKM Consulting.

1.3 In the event that the planning authority proposes to grant planning permission contrary to this advice on flood risk the application must be notified to the Scottish Ministers as per The Town and Country Planning (Notification of Applications) (Scotland) Direction 2009.

2. Surface water

2.1 We not from section 4 of the Surface Water Management Plan that a SUDS detention basin or pond will be located in the south east corner of the site. In addition, a variety of source control measures will be introduced in the form of porous paving, filter drains, swales or intermediate basins.

2.2 While we are satisfied with the principle of this approach, we would still consider it necessary to ensure that detailed, site specific SUDS proposals are submitted within any subsequent planning submission. We would therefore ask that a planning condition requiring a SUDS scheme is imposed. To assist, the following wording is suggested:

Prior to the commencement of any works, a SUDS scheme shall be submitted for the written approval of the planning authority, in consultation with SEPA, and all work shall be carried out in accordance with the approved scheme.

Reason: to ensure adequate protection of the water environment from surface water run-off.

2.3 Please be advised that best practice requires the first level of treatment to be source control and the second level of treatment to be a detention basin or pond designed to Sewers for Scotland Second Edition standards.

Development Management sub committee – 23 October 2013 Page 70 of 77 2.4 We have not considered the water quantity aspect of this scheme. Comments from Scottish Water, where appropriate, the Local Authority Roads Department and the Local Authority Flood Prevention Unit should be sought on the SUDS strategy in terms of water quantity/flooding and adoption issues.

3. Foul drainage

3.1 We understand that foul drainage from the proposal will be directed to the existing public sewer and as such we have no further comment on this aspect of the proposal. We would recommend that Scottish Water is consulted to ensure the existing system has adequate capacity. This advice is given without prejudice to any decision made on elements of the proposal regulated by us, which may take into account factors not considered at the planning stage.

Detailed advice for the applicant

4. Content of flood risk information

4.1 The Indicative River & Coastal Flood Map (Scotland) has been produced following a consistent, nationally-applied methodology for catchment areas equal to or greater than 3km2 using a Digital Terrain Model (DTM) to define river cross-sections and low-lying coastal land. The outlines do not account for flooding arising from sources such as surface water runoff, surcharged culverts or drainage systems. The methodology was not designed to quantify the impacts of factors such as flood alleviation measures, buildings and transport infrastructure on flood conveyance & storage. The Indicative River & Coastal Flood Map (Scotland) is designed to be used as a national strategic assessment of flood risk to support planning policy in Scotland. For further information please visit www.sepa.org.uk/flooding/flood_map.aspx.

4.2 Please note that we are reliant on the accuracy and completeness of any information supplied by the applicant in undertaking our review, and can take no responsibility for incorrect data or interpretation made by the authors.

4.3 The advice contained in this letter is supplied to you by SEPA in terms of Section 72 (1) of the Flood Risk Management (Scotland) Act 2009 on the basis of information held by SEPA as at the date hereof. It is intended as advice solely to Edinburgh Council as Planning Authority in terms of the said Section 72 (1). Our briefing note entitled: “Flood Risk Management (Scotland) Act 2009: Flood risk advice to planning authorities” outlines the transitional changes to the basis of our advice in line with the phases of this legislation and can be downloaded from www.sepa.org.uk/flooding/flood_risk/planning__flooding.aspx.

5. Surface water

5.1 Please note that we have requested that a planning condition is attached to any consent requiring the submission of a full site specific surface water scheme. Best practice suggests the following levels of treatment would be required:

Residential developments of 50 houses or less and retail/commercial/business parks with car parks of 50 spaces or less require one level of treatment for all hardstanding areas including roads. We encourage this first level of SUDS to be source control.

Development Management sub committee – 23 October 2013 Page 71 of 77 Residential developments of more than 50 houses and retail/ commercial/ business parks with car parks of more than 50 spaces require two levels of treatment for all hardstanding areas including roads. An exception is run-off from roofs which requires only one level of treatment. We recommend, as best practice, the second level of treatment to be a basin or pond designed in accordance with Sewers for Scotland Second Edition.

Industrial developments require three levels of treatment for hard standing areas and two levels of treatment for roads. An exception is run-off from roofs which requires only one level of treatment. We recommend, as best practice, the second level of treatment to be a basin or pond designed in accordance with Sewers for Scotland Second Edition.

All roads schemes typically require two levels of treatment, except for residential developments of 50 houses or less and retail/commercial/business parks with car parks of 50 spaces or less. For technical guidance on SUDS techniques and treatment for roads please refer to the SUDS for Roads manual.

5.2 For all developments, run-off from areas subject to particularly high pollution risk (e.g. yard areas, service bays, fuelling areas, pressure washing areas, oil or chemical storage, handling and delivery areas) should be i) minimised and ii) directed to the foul sewer.

5.3 The SUDS treatment train should be followed which uses a logical sequence of facilities in series allowing run-off to pass through several different SUDS before reaching the receiving water body. Further guidance on the design of such systems and appropriate levels of treatment can be found in CIRIA’s C697 manual entitled ‘The SUDS Manual’. Advice can also be found in the SEPA Guidance Note Planning advice on sustainable drainage systems (SUDS) available on our website.

Regulatory advice

6. Regulatory requirements

6.1 Details of regulatory requirements and good practice advice for the applicant can be found on our website at www.sepa.org.uk/planning.aspx. If you are unable to find the advice you need for a specific regulatory matter, please contact a member of the regulatory team in your local SEPA office.

Appendix 1 - Detailed flood risk comment

Review of the Indicative River and Coastal Flood Map (Scotland) shows that the eastern area of the development site is at risk of flooding. We would highlight that the Indicative River and Coastal Flood Map (Scotland) indicates that the Niddrie Burn flows alongside the development, however this is not accurate. The Niddrie Burn is located to the north of the development as it takes a 90 degree bend 3km to the west of the site. There is however, a smaller watercourse which does pass the eastern boundary of the development site. This watercourse is culverted prior to reaching the site.

We can therefore clarify that the Niddrie Burn, which becomes the Brunstane Burn is located approximately 500m to the north of the development site. Due to the local topography and the distance between the development site and this Burn, we are satisfied that this will not pose a flood risk to the proposed development.

Development Management sub committee – 23 October 2013 Page 72 of 77

However, it should be noted that although the Indicative River and Coastal Flood Map (Scotland) is inaccurate within the vicinity of the development site, flood water from the Niddrie Burn can and has entered the smaller watercourse which is culverted beneath the site. This is primarily due to an under designed culvert on the Niddrie Burn. As we understand, this matter is to be resolved as part of the proposed Niddrie Burn Restoration works adjacent to Edinburgh Royal Infirmary.

We note that this site is allocated within the Edinburgh City Local Plan (adopted 28 January 2010) under Proposal Reference HSG 14 ‘Newcraighall North’. During the local plan consultation process, we recommended that a Flood Risk Assessment (FRA) be undertaken to establish areas capable of development outwith the risk of flooding.

The FRA submitted in support of the application assesses the flood risk from the culverted watercourse which flows along the eastern boundary of the development site as well as the risk from the combined sewer which is also culverted beneath the site. A CCTV survey was undertaken by Scottish Water in 2008 and showed that the watercourse which flows through a 1.5m culvert was free of blockage and in a good state of repair. No CCTV survey has been undertaken for the combined sewer.

It has been identified in the FRA that flood risk to the development site could occur from one or both of the culverts becoming blocked. This would result in the floodwaters coming up through the manholes within the development site. In the worst case scenario, flood water would pond within the eastern boundary of the development site until it reached the spill level on Newcraighall Road at 27.3mOD. The FRA explains that this affects approximately 0.8ha of the development site. As such, within the conclusions and recommendations in section 7 of the FRA, it is recommended that no development occurs below the 27.5mOD contour with finished floor levels of a minimum of 28mOD. If the spill level was lowered to increase the area of developable land, then additional storage would be required and detailed volumetric calculations would have to be provided. This is further supported within the Surface Water Management Plan.

The FRA states that there has been flooding issues to the east of the development site and the cause of this flooding is unknown. It is therefore imperative that no development should occur below 27.5mOD to ensure that this development does not increase the risk of flooding to neighbouring areas which are already at risk. However, drawing number A0-12799-101 rev 0 entitled “Indicative Foul and Surface Water Drainage Layout” included within the surface water management plan shows that development is proposed below 27.5mOD with finished floor levels starting as low as 26.5mOD. This is contrary to the advice within the FRA and Surface Water Management Plan. As a result we object to this development until the recommendations within the FRA and Surface Water Management Plan are incorporated within the site layout.

SEPA further comment 14/04/2011

SEPA is in receipt of a revised Flood Risk Assessment (FRA) from Kaya Consulting Ltd (entitled ‘Revised Final (8 April 2011)) in relation to the above proposal. Based on the revised information submitted, we withdraw our objection to the proposed development in relation to flood risk. However, we would still recommend that the condition outlined in section 1 below is attached to any approved consent. Please note the advice provided below.

Development Management sub committee – 23 October 2013 Page 73 of 77

We have previously provided comment on this proposal in correspondence dated 12 January 2011 and would advise that our previous request for a condition in relation to surface water drainage remains applicable.

Advice for the planning authority

1. Flood risk

1.1 Detailed flood risk comments are provided under Appendix 1. In summary however, we are now in a position to withdraw our objection to the proposed development on flood risk grounds provided that, should the Planning Authority be minded to approve this application, the following planning condition is imposed:

That no development or alteration in ground levels is carried out below 24.6 metres Above Ordinance Datum (AOD)

1.2 In the event that the planning authority proposes to grant planning permission contrary to this advice on flood risk the application must be notified to the Scottish Ministers as per The Town and Country Planning (Notification of Applications) (Scotland) Direction 2009.

1.3 Notwithstanding the removal of our objection, we would expect Edinburgh Council to undertake their responsibilities as the Flood Prevention Authority.

This advice is given without prejudice to any decision made on elements of the proposal regulated by us, which may take into account factors not considered at the planning stage.

Detailed advice for the applicant

2. Flood risk

2.1 The advice contained in this letter is supplied to you by SEPA in terms of Section 72 (1) of the Flood Risk Management (Scotland) Act 2009 on the basis of information held by SEPA as at the date hereof. It is intended as advice solely to Edinburgh Council as Planning Authority in terms of the said Section 72 (1). Our briefing note entitled: “Flood Risk Management (Scotland) Act 2009: Flood risk advice to planning authorities” outlines the transitional changes to the basis of our advice in line with the phases of this legislation and can be downloaded from www.sepa.org.uk/flooding/flood_risk/planning__flooding.aspx. Regulatory advice

3. Regulatory requirements

3.1 Details of regulatory requirements and good practice advice for the applicant can be found on our website at www.sepa.org.uk/planning.aspx. If you are unable to find the advice you need for a specific regulatory matter, please contact a member of the operations team in your local SEPA office.

Transport comment 08/04/2011

Development Management sub committee – 23 October 2013 Page 74 of 77 We have no objections to the proposed planning application. However I would like the following points to be noted and attached to any approval as conditions, informatives or reserved matters as considered appropriate:

1. The removal of the existing disused railway abutment on the north side of Newcraighall in order to achieve the visibility requirements in respect of the proposed secondary access. Associated carriageway & footway widening will be required. Reasons- road safety, and to provide improved pedestrian routes to the existing village and public transport;

2. Notwithstanding 1 above a single vehicular access for the proposed site would be acceptable, and in accordance with the council’s Movement and Development Guidelines. It is preferable therefore that a vehicle access to the development is not located to the east of this abutment. It is noted that the gradient of this proposed secondary access appears to be in the region of a 1:12 - the maximum permitted in our guidelines. Further consideration should be given to determine if the gradient could be reduced should you be minded to approve a vehicle access at this location;

3. Details of north-south and east-west pedestrian and cycle routes to be provided. The routes should be attractive, safe, coherent and highly visible to the residents. Information should be given on the types of facilities being provided (including example design details) and their location. The plans should show how the National Cycle Network Route 1 would be diverted away from Newcraighall Road;

4. A grade separated pedestrian/cycle link connecting the north & south sites remains an objective of CEC & East Lothian Council, the existing disused railway abutments further east could provide this opportunity;

5. Further consideration is required with regards to widening the existing restricted footways at the west end of the village, desirable minimum footway width of 2m. This is to provide suitable connectivity with the rail station and at the Fort Kinnaird further west;

6. A new pedestrian crossing is likely to be required on Newcraighall Road in close proximity to the school. This crossing should also facilitate cyclists;

7. The location of the existing Pedestrian crossing on Newcraighall Road will have to be evaluated to determine if it still in the correct position to serve the new development and will also require to be upgraded to facilitate cyclists;

8. The current traffic calming arrangements will have to be looked at to determine if alterations are required to accommodate the proposed development;

9. The location of the existing bus stops will have to be reviewed in relation to the proposed access points for the site, in discussion with the bus operators (upgrading facilities bus shelters, RTI);

10. The nearby Park and Rail offers another public transport option, pedestrian and cycling access to the Park and Rail site should be protected and enhanced, with a well- lit, well-signed shared use route that makes access as quick and direct as the development layouts permit.

11. Swept Path Analysis to be carried out for all movements & turning manoeuvres;

Development Management sub committee – 23 October 2013 Page 75 of 77 12. A Stage 2 & 3 Road Safety Audit will be required;

13. Details and maintenance schedule for SUDs;

14. The internal layout of the development to be designed in accordance with Designing Streets and Quality Audits will be required;

15. All accesses must be open for use by the public in terms of the statutory definition of ‘road’ and will require to be the subject of applications for road construction consent (RCC). The Council would seek clarification of the extent of roads subject to RCC at an early stage; 16. Discussions on suitable road materials will be required at an early stage.

17. Technical Approval of any structures adjacent to the road network will be required;

18. The provision, layout, location and number of cycle parking should be to the Councils standards in accordance with Cycle Friendly Design Guide.

Note: • The applicant should be aware that a new road names will be required for this development and they should be asked to discuss this with the Council’s Street Naming and Numbering Team at an early opportunity. Street naming is likely to influence the progression of traffic regulation orders.

The applicant will be required to enter into a suitable legal agreement prior to full planning consent to in respect of the following: o All costs associated with implementing a new Traffic Regulation Order to install the waiting and loading restrictions, on Whitehill Road to facilitate the proposed development; o To design, procure and install all off-site transport improvement works (7-10 in list above) o A financial contribution of £2,500 to progress a suitable traffic regulation order for the disabled bays; o A draft travel plan prior to first occupation and a final travel plan within 12 months of that date. It is expected that that this travel plan considers a) financial contribution to transport promotion measures, including contributions to, or provision of, public transport season tickets and b) the provision of a public and sustainable transport information pack. Reason -in order to help embed public transport habits and encourage modal shift.

Transport further comment 07/10/2013

I confirm that I am content with the proposed Committee Report wording as set out in the email of 2 October 2013 from Kenneth Bowes.

Development Management sub committee – 23 October 2013 Page 76 of 77

Location Plan

© Crown Copyright and database right 2013. All rights reserved. Ordnance Survey License number 100023420 END

Development Management sub committee – 23 October 2013 Page 77 of 77 Development Management Sub Committee

Wednesday 23 October 2013

Application for Planning Permission in Principle 10/03506/PPP At Land 263 Metres South Of, 104 Newcraighall Road, Edinburgh Planning permission in principle for new housing, local mixed use facilities together with open space, access and services, infrastructure, landscape and footpath/cycle provision

Item number Report number Wards A17 - Portobello/Craigmillar

Links

Policies and guidance for SPPOL, SPHOU3, SPHOU4, SPHOU5, SPHOU8, this application SPHO10, SPEN02, LPC, CITD1, CITD2, CITD3, CITD4, CITD5, CITD6, CITD8, CITE3, CITE8, CITE9, CITE10, CITE12, CITE15, CITE16, CITE17, CITE18, CITOS1, CITH1, CITH2, CITH3, CITH4, CITH7, CITCO1, CITCO2, CITT1, CITT2, CITT4, CITT5, CITT13, CITI6, NSG, NSP, NSMDV, NSESBB, NSBIO, NSDCAH, NSQULA,

David R. Leslie Acting Head of Planning and Building Standards

Contact: Kenneth Bowes, Planning Officer E-mail:[email protected] Tel:0131 529 6724

Executive summary

Application for Planning Permission in Principle 10/03506/PPP At Land 263 Metres South Of, 104 Newcraighall Road, Edinburgh Planning permission in principle for new housing, local mixed use facilities together with open space, access and services, infrastructure, landscape and footpath/cycle provision

Outcome of previous Committee

This application was previously considered by Committee on 22.06.2011

The proposed hearing did not take place and the decision was taken to refer consideration of the matter, including any hearing, to a future meeting to allow for a further report to be made by the Council’s Monitoring Officer.

The Monitoring Officer has now carried out his review and made a number of recommendations. This included that the Council could proceed on the basis of the sites not being within Green Belt, that the application should be re-advertised as being contrary to the development plan and the committee reports should take into account any further representations and other relevant material considerations. Further details of the Monitoring Officer’s review can be found on page 14.

Previous Committee The application was previously considered by Committee on 23.11.2011

Outcome of previous Committee The Committee decided to continue consideration of the application to ask the Head of Planning and Building Standards to negotiate with the applicants with a view to a reduction of the number of units proposed for the site. The application is returning to Committee with the outcome of the discussions set out in the addendum at the end of the report.

Previous Committee The application was previously considered by Committee on 18.01.2012

Outcome of previous Committee The Committee was minded to grant the application with a reduced number of units. This was subject to, amongst other things, a legal agreement being provided to ensure that affordable housing, increased school capacity, transport infrastructure, an all- weather pitch, and a travel plan were secured.

The applicant is still willing to meet these requirements, but is seeking to change the proposed arrangements for delivery. This is set out in detail in the addendum to this report along with the recommendation.

Summary

The proposal is contrary to the development plan in terms of it being development on greenfield land. However, the area of the site proposed for residential development is within the Urban Area and a departure can be justified in this instance. There is a need for housing with the effective land supply in Edinburgh only 45% of the requirement. The site is one capable of development, in a sustainable and suitable location and its development will afford regeneration benefits. These outweigh the fact that the area of the site proposed for residential development is greenfield. Recommendations

It is recommended that this application be Granted subject to the details below (in section 3 of the main report). Financial impact

The application is subject to a legal agreement for developer contributions. Equalities impact

The application is for the principle of development on the site. A full Equalities and Impact Assessment will be undertaken when the full details of the proposals are submitted as part of an AMC application. Sustainability impact

The application is for the principle of development on the site. A condition requires that any relevant subsequent Approval of Matters Specified in Conditions submissions include information on sustainability. Consultation and engagement

Pre-Application Process

In accordance with the Planning etc (Scotland) Act 2006, a Proposal of Application Notice (10/02059/PAN) was registered on 16 July 2010 and agreed on 28 July 2010.

Copies of the Notice were also issued to Portobello Community Council, Craigmillar Community Council, Musselburgh and Inveresk Community Council, Councillor Child, Councillor Hawkins, Councillor Bridgman, Sheila Gilmore MP, Kenny MacAskill MSP, Craigmillar and Portobello Libraries and Portobello / Craigmillar Neighbourhood Partnership.

3 September 2010 – A public consultation event was held between 1pm – 9pm at Niddrie Bowling Club, Newcraighall. This was advertised in the Edinburgh Evening News on 27th August 2010, posters and leaflets advertising the event were distributed

Development Management sub committee – 23 October 2013 Page 3 of 74 to local shops, businesses and libraries. It was also advertised on at the East Neighbourhood office and on the East Neighbourhood Partnership website. Invitations were sent to a range of stakeholders.

The event was attended by 99 individuals with 38 feedback forms received and verbal feedback collated.

3 November 2010 – A joint public consultation event (with the applicants for Newcraighall North) was held between 5.15pm-9pm at Newcraighall Primary School. Invitations were sent out to local residents in Newcraighall and Gilberstoun alongside other relevant stakeholders. The event was also advertised in local libraries, the East Neighbourhood office and the Neighbourhood Partnership website.

The event was attended by 61 individuals with 10 feedback forms received.

Full details can be found in the Pre-Application Consultation report, which sets out the findings from the community consultation. This is available to view on the Planning and Building Standards Portal.

A pre-committee report on the proposals was presented to the Development Management Sub-Committee on 10 November 2010.

The proposals were submitted to the Urban Design Panel on 27 October 2010. Full details of the response can be found in the Consultations section.

Publicity summary of representations and Community Council comments

The application was advertised on the 14 January 2011 and attracted a total of 58 representations including 48 from local residents, 6 of which are in the form of a petition. Objections were also received from Newcraighall Heritage and Resident’s Association, The Cockburn Association, Wellsprings Church, Regius School, Queen Margaret University, CTC Lothians, Sheila Gilmore MP and two developers involved in the local plan legal challenge. Sustrans have also commented on the application.

The material points of objection/comment are:

Issues of principle, taken account in assessment (a); - pending ECLP legal challenge and planning permission should not be granted until the outcome is known - housing proposals of this scale are against the ECLP Report of Inquiry recommendation [for only 90 houses] on this site due to various constraints. - viability of proposed development and the ability for it to be delivered within the current Structure Plan period - the need for housing in this area and allocation should be removed from the development plan - overdevelopment of the area alongside other nearby developments. - unsustainable location, a lack of facilities, and more suitable brownfield sites must be available. - loss of Green Belt land, coalescence with Musselburgh and weakening of Green Belt boundary in this area. Green Belt Study Stage 2 (December 2008) ignored. - loss of agricultural land

Development Management sub committee – 23 October 2013 Page 4 of 74 Landscape and visual impact issues, taken account of in assessment (b); - inadequate landscape treatment with adjacent planned business park in East Lothian - developments would treble the size of the existing village. - coalescence with Musselburgh and weakening of Green Belt boundary in this area.

Transport and access issues, taken account of in assessment (c); - increase in traffic and congestion on an already strained and narrow road in a busy area due to nearby facilities. - no bus lay-bys on Newcraighall Road adding to congestion. - existing traffic calming measures inadequate. - the Traffic Assessment survey information is inaccurate and inadequate. An independent survey is required looking at the wider area. - unsafe access and egress to site with insufficient visibility splays. - proposed new junctions will impact on the village green. - unclear treatment of bridge abutments. - bridge abutment and existing bridge should be retained as it provides a crossing point and aids in slowing traffic down. - poor bus service which is restricted to single deck buses due to the height of bridges. A financial contribution should be sought to lower the road under the bridge adjacent Newcraighall Park & Ride. - lack of car parking in the area already which causes safety issues. - proposed access through from Newcraighall Drive and/or Park View would struggle with extra traffic and cause problems in relation to pedestrian safety. - masterplan drawing omits new housing in Wanton Walls area giving a false impression of impact on them.

Cycling and pedestrian issues, taken account of in assessment (d); - no improvements for pedestrians travelling to Fort Kinnaird. - pedestrian safety and lack of pedestrian crossings on Newcraighall Road. - cycle routes does not appear to be an improvement. - cycle routes and paths should not be re-routed. - disused railway bridge forms part of core path CEC 5 – Innocent Railway and its removal will be contrary to ECLP Policy Tra 13. - removal of railway bridge acceptable provided that adequate at grade crossings put in place - pedestrian access through to Newcraighall Drive would be unsafe.

Natural heritage issues taken account of in assessment (e); - potential impact on the Local Nature Conservation Site. - negative impact on wildlife and on badger setts in the area. - removes potential for public realm improvements in this area.

Amenity issues taken account of in assessment (f); - the development would impact on existing residents’ quality of life. - air quality has not been suitably addressed. - the development would lead to a further increase in noise. - the electricity pylons represent a health risk. - the development would lead to an increase in anti-social behaviour. - lack of useable open space proposed for future residents.

Design issues, taken account of in assessment (f); - lack of detailed plans

Development Management sub committee – 23 October 2013 Page 5 of 74 - proposed houses not in keeping with surrounding properties at Gilberstoun and Newcraighall. - layout and form of development is inappropriate for the site footprint - housing density is too high. - proposed development will lead to overshadowing and a loss of privacy to existing residents. - the removal of railway bridge would result in loss of heritage. - unnecessary retail development

School Capacity, taken account of in assessment (j); - insufficient school capacity and clarity required on proposed location of artificial pitch.

Land stability, taken account of in assessment (h); - land stability issues due to history of mining and coal authority reports often incomplete.

Flooding and associated infrastructure, taken account of in assessment (i); - Water and sewage network will not be able to cope.

Other issues relating to the timing of the application submission, conservation area concerns, impact during the construction stage, and third party ownership are not material considerations.

Second Consultation 2 September – 23 September 2011 The application was re-advertised on 2 September 2011. This attracted 79 representations, of this number 26 were further representations from those who had previously made representations and 53 were new representations.

The majority of the points raised during the earlier period have been reiterated and already summarised above. These include issues in relation to the adequacy of the existing transport infrastructure and traffic impact, impact on the amenity of the village and its infrastructure including, flood risk, mining legacy, school capacity and the lack of facilities in the area (or in some instances statements that no further facilities are required).

Further material points of objection/comment are:

Issues of principle, taken account in assessment (a); - The Court of Session quashed the housing allocation. - Proposal is contrary to ECLP Policy Hou 1 as it is not named as a development site and there is no longer a presumption for housing development here. - The Council decided not to appeal against the Court of Session ruling and therefore has agreed in principle that Lord Malcolm’s ruling was solid. If plans are not rejected there will be strong grounds for judicial review. - There is the need for a comprehensive comparative assessment of all sites originally considered in the local plan and any other sites which may have become available. Such an assessment should include criteria in relation to viability of the sites, potential delays in bringing sites forward and environmental effects to the areas in and around the sites. - Proposal is contrary to Structure Plan Policy HOU 8 Development on Greenfield Land. - Structure Plan strategy is to restrain outward growth of the city, priorities brownfield land and locate new development where it is accessible by foot, cycle and public transport.

Development Management sub committee – 23 October 2013 Page 6 of 74 - Although the Reporter allowed an appeal at Burdiehouse for housing they noted that policies requiring development on urban fringe sites is at odds with thrust to direct most new development to brownfield locations and limit green belt releases. - No longer the requirement for 420 houses to be built at Newcraighall, over half of this is now being provided at Dreghorn and Burdiehouse. Balance could be found elsewhere on existing housing sites that are previously developed, such sites should take priority. - Proposals have not been altered since originally submitted even after Court of Session decision and successful appeals elsewhere in the urban fringe. - Structure Plan Policy ENV 2 states a continuous Green Belt will be maintained around Edinburgh. Development would not achieve this. - Land should be re-instated as green belt in next Local Development Plan - The Council is incorrect in what it constitutes the development plan. It is a matter of law not a planning judgement. Following the quashing the correct development plan for the purposes of the application is the South East Edinburgh Local Plan, which places the site in Green Belt. - Site is in Green Belt which only allows limited uses, not large scale housing proposals. - Previously the Council has stated that no development would be allowed on Green Belt. - No need for regeneration in Newcraighall

Landscape and visual impact issues, taken account of in assessment (b); - Proposals would be against the spirit Green Belt policy and blur the distinction with the City and Musselburgh. - Landscape setting of Edinburgh would be severely compromised if the Green Belt was to be weakened at this point by housing developments. - Land is currently of immense value to residents for walking, cycling and play.

Transport and access issues, taken account of in assessment (c); - Two general access roads are required for developments over 200 houses. - Access road to Queen Margaret University would make traffic even worse. - Train service unreliable - Access to the site via the private road is unsuitable. - Lack of locations to re-site bus stops.

Amenity issues taken account of in assessment (f); - No amount of new and upgraded parks can compensate for the loss of the land. - Impact on the quality of life of local residents has not been fairly assessed.

Land stability, taken account of in assessment (h); - Mining report identifies a set-off requirement of 15m and 20m and it is difficult to see how development can be constructed as shown on the Masterplan.

Non-material - Previous pre-application process undertaken is no longer valid and the 12 week process should be redone.

Development Management sub committee – 23 October 2013 Page 7 of 74 Background reading / external references

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

Development Management sub committee – 23 October 2013 Page 8 of 74 Report

Application for Planning Permission in Principle 10/03506/PPP At Land 263 Metres South Of, 104 Newcraighall Road, Edinburgh Planning permission in principle for new housing, local mixed use facilities together with open space, access and services, infrastructure, landscape and footpath/cycle provision 1. Background

1.1 Site description

The site is referred to as Newcraighall East. The total site extends to approximately 15 hectares and is located on the eastern end of Newcraighall village and public park, south of Newcraighall Road. It is part of a larger area of agricultural land that extends up to the boundary of the Council’s area with East Lothian and is crossed by a high voltage transmission line. The adjacent land in East Lothian is allocated for business use and further south is the Queen Margaret University Campus.

Land to the west of the transmission line comprises the proposed housing site; land to the east is proposed for open space associated with the housing proposal and is retained in the Green Belt. The far eastern boundary consists of a former railway embankment (designated as a Local Nature Conservation Site) and contains bridge abutments. Further east is the East Coast Main Rail Line.

The north is bounded by Newcraighall Primary School (C(s) listed - Ref 49520, listed 7 October 2003), a former church (C(s) listed Ref 30286, listed 24 July 1992) and the site of the former Miners Welfare and Social Club (now demolished).

Access to the site is currently along a private road taken from Newcraighall Road.

A second site north of Newcraighall Road referred to as Newcraighall North is subject to a separate planning application for housing.

1.2 Site History

Although there have been no relevant planning applications for the site, the consideration of the site in the local plan process has relevance.

(a) South East Edinburgh Local Plan (SEELP) The site was in Green Belt in the adopted SEELP. It was considered as part of the Local Inquiry into Objections to the Finalised South East Edinburgh Local Plan in 2004. The objectors argued that the site did not contribute to the Green Belt and should therefore be allocated for economic/ residential development. The Reporters concluded that there was no need for the site to be released for housing or economic development and the site should remain in Green Belt. However, the Reporters observed that:

Development Management sub committee – 23 October 2013 Page 9 of 74 - The site could potentially make a contribution to the effective housing land supply; - The site falls in the lowest relative grade landscape quality and in the least sensitive landscape zone in the Green Belt; - Low rise housing development would not have significant impact on the landscape setting of the city, although would affect local views; and - The development of the East Lothian site as proposed could lead to Green Belt severance, and make it very difficult to defend the retention of the site in green belt.

(b) Edinburgh City Local Plan (ECLP) In January 2006, the Planning Committee approved in principle the allocation of Newcraighall East for 220 houses in the consultative draft Local Plan. It was proposed that the strategic requirement for 400 houses on the urban fringe, as set out in Policy HOU 3 of the Edinburgh and Lothian’s Structure Plan, be met through the development of two sites at Newcraighall. These two sites were considered to be the most suitable and sustainable options available for a number of reasons: - acceptable impact on the Green Belt; - proposals will result in phased, integrated extension of an existing community; - opportunity to provide and improve community facilities for the benefit of existing and new residents; - good accessibility by public transport; - proximity to major shopping facilities at Fort Kinnaird to the west; - proximity to existing and proposed employment opportunities at Newcraighall and at Queen Margaret University and Craighall Business Park in East Lothian; - existing capacity in primary schools, subject to necessary developer contributions and phasing; and - identification of sites in the east of the city provides a choice of greenfield housing locations and will balance the provision that is being made to the west in the Rural West Edinburgh Local Plan.

The finalised Edinburgh City Local Plan (2007) continued to allocate the two sites to meet the strategic housing requirements of the Edinburgh and Lothian’s Structure Plan for 400 dwellings in the urban fringe - Newcraighall East for 220 dwellings and Newcraighall North for 200 dwellings.

This local plan was also accompanied by an SEA Environmental Report which concluded that housing on the site would have an acceptable environmental impact and any negative or uncertain impacts could be mitigated.

Alternative sites were put forward for allocation by objectors to the finalised ECLP, including land at Burdiehouse and Dreghorn. These representations were considered through the Edinburgh City Local Plan Public Inquiry in 2008.

Report of Inquiry The local plan inquiry Reporters undertook a comparative assessment of all sites put forward to be considered to make up the Structure Plan requirement.

Their comparative assessment was based on criteria found in Scottish Planning Policy 3 (applicable at the time of the inquiry) in relation to effectiveness and Structure Plan policies (namely HOU 4 Meeting Housing Allocations and HOU 5 Infrastructure).

The assessment had regard to the following matters: ownership; physical features (including slope, aspect, flood risk, ground stability or access); contamination; deficit

Development Management sub committee – 23 October 2013 Page 10 of 74 funding; marketability; infrastructure; and land use. They also considered infrastructure requirements, transport network links, green belt objectives, local environmental impacts and scope for integration and also any other significant benefits or avoidable costs.

They found that most if not all of the site would be effective or likely to be within the local plan period. They commended the site for its transport network linkages noting the site was particularly well located in respect of all main transport modes.

The main concerns of the Reporters which led them to the reduction in the proposed allocation was the potential impact the proposed allocation, in its entirety, would have on the Green Belt in this part of Edinburgh. They were not persuaded that the allocation of the site in its entirety would minimise the impact on Green Belt objectives in the terms of SP Policy HOU4. They placed value on the site as part of the Green Belt in preventing coalescence between Edinburgh and Musselburgh and stated that in line with the Structure Plan and national planning policy guidance (SPP 21 at the time), that in order to minimise impact on Green Belt, physical coalescence should be avoided if at all possible. Consequently, they recommended a green corridor of open space, retained in Green Belt, separating East Lothian Council’s proposed business park and Newcraighall village.

The reporters also stated that due to a lack of survey information on undermining they considered that there may be financial burdens in terms of remediation. However, they still concluded that the site could not be ruled out and assumed a lower capacity based on a lower housing density and allowing for a 30m standoff from the pylons. They found no issues in relation to ground contamination or with the proposed access to the site. They also commented on the beneficial re-use of land damaged by former mining activities.

The Reporters recommended a smaller housing allocation of 90 units confined to the northern part of the site. They concluded that even with a reduced capacity development on this site alongside the allocation at Newcraighall North would provide significant local regeneration benefits such as supporting local services and recreation opportunities. The allocation would have local and strategic benefits which outweigh the loss of greenfield and agricultural land, whilst minimising the impact on Green Belt objectives. The Reporters also noted that a reduced capacity allocation would have the benefit of providing opportunities elsewhere on the urban fringe of Edinburgh to allocate other strategic housing sites.

The Reporters also recommended allocations at Newcraighall North (140 units), Burdiehouse (100 units) and Dreghorn (75 units).

Following consideration of the recommendations of the Report of Inquiry dealing with objections to the local plan, it was recommended that the Council approve the urban fringe housing sites as per the Reporters’ recommendations (albeit with a slightly enlarged site for 105 units to allow further land for the school ground extension).

The Planning Committee considered the recommendations at meetings on 3 September and 1 October 2009. Committee chose to reject the Reporters’ reduction in capacity at Newcraighall and consequently to reject recommendations to allocate sites at Burdiehouse and Dreghorn. It was decided that the required provision of land for 400 housing units on the urban fringe should be met at Newcraighall as per the Finalised Plan.

Development Management sub committee – 23 October 2013 Page 11 of 74

In January 2010, the Council adopted the Edinburgh City Local Plan (ECLP) and allocated two sites at Newcraighall for housing. This adoption also removed the Green Belt policy designation from the sites.

(c) Edinburgh Green Belt Study 2008 The Green Belt Study was published in December 2008, during the Public Local Inquiry into the Edinburgh City Local Plan. However, it was not the role of the local plan to undertake a review of the Green Belt, and the study was not put before the Reporters. The purpose of the study was to feed into the new Strategic Development Plan.

The study was landscaped based and split into three stages. The first was the characterisation of all landscapes within the Green Belt. The second stage was a review of all landscape character areas against two of the three Green Belt objectives contained in SPP 21: • to protect and enhance the character, landscape setting and identity of towns and cities; and • to protect and give access to open space within and around towns and cities as part of the wider structure of green space.

The third stage was a more detailed evaluation of landscape capacity of those areas not fulfilling Green Belt objectives.

The landscape character area that covers the application site was considered under the final stage of the study. However, it did not identify the landscape character area as having landscape capacity for development.

It did note that the area is not highly visible and that the site could accommodate development, but this would reduce the visible separation between Newcraighall and Musselburgh.

This study was undertaken using the adopted local plans at the time, not the emerging ones, and did not take account of development (Queen Margaret University) and allocations in East Lothian. It also stated that landscape character is only one factor which needs considered when allocating land for development.

Landscape character is covered in assessment b) below.

(d) Legal Challenge Two parties challenged the adoption of the ECLP by Statutory Challenge to the Court of Session.

The Hallam Land Management Ltd (HLM) (who have an interest in land at Burdiehouse) court action under section 238 of the Town and Country Planning (Scotland) Act 1997, sought the quashing of the local plan insofar as it included the allocation of 200 houses within the Newcraighall North site (ECLP Proposal HSG 14) and 220 houses within the Newcraighall East site (ECLP Proposal HSG 15).

The HLM appeal was heard in March 2011 by Lord Malcolm in the Court of Session and his decision was issued on 6 May 2011.

A separate court action by Taylor Wimpey/ Miller Homes (TW/MH) (who have an interest in land at Dreghorn) sought the quashing of ECLP Policy Hou 1(a) which

Development Management sub committee – 23 October 2013 Page 12 of 74 supports housing development on the same two Newcraighall sites. Following the decision from the HLM court action, TW/MH confirmed that they did not intend to pursue their court action.

The Court’s Order The main submission made in the HLM appeal was that the reasoning given for rejecting the Reporters’ recommendations was wholly inadequate and therefore the part of the adopted plan should be quashed.

Lord Malcolm took the approach set out in case law (Oxford Diocesan Board of Finance v West Oxfordshire District Council and Another [1998] PCLR 370) that the planning authority must give adequate and intelligible reasons for its decision. It must be apparent that the authority fully and properly considered the substantial points raised by the Reporters.

In relation to Newcraighall East, Lord Malcolm was of the opinion that the list of reasons given by the Council for not accepting the local plan Reporters’ recommendations was lacking in reasoning and did not reveal the basis for the statements made. The Council’s reasons largely focused on Green Belt issues, such as why the site could not be an effective part of the Green Belt or the impact development would have on the landscape setting of the city. He was critical of the assertions made by the Council, especially when set against the careful and detailed treatment of the issues by the Reporters.

Lord Malcolm also concluded that the reasons given for not accepting the Reporters’ recommendations for Newcraighall North site were also inadequate.

He was not persuaded that an informed reader would be satisfied that the planning authority had adequately engaged with the issues raised by the Reporters and explained the basis of the contrary decisions.

Consequently, Lord Malcolm quashed part of the plan insofar as it includes the allocation of 200 units of housing within Newcraighall North (site HSG 14 in the local plan as adopted) and the allocation of 220 units of housing within Newcraighall East (site HSG 15 in the local plan as adopted).

Legal effects The court’s order results in the site identified as HSG15 no longer being allocated for housing in the ECLP. This does not mean that the site identified as HSG15 reverts back to having a Green Belt designation. In terms of the ECLP the land identified as HSG15 is not within the Green Belt it is in the Urban Area.

The ECLP was formally adopted by a resolution on 28 January 2010. At this point the two sites were expressly removed from Green Belt by the adoption of the plan. The resolution was the formal act needed to remove the land from the Green Belt. At that moment the sites become part of the Urban Area, and were allocated under Policy Hou 1.

When the ECLP was adopted, the SEELP ceased to exist and no longer had effect. As the SEELP no longer exists the Green Belt protection it afforded to the site no longer applies.

Development Management sub committee – 23 October 2013 Page 13 of 74 The court order quashes the allocation due to the inadequate reasons of the Council not to follow the Reporters' recommendations. The adoption of the rest of the ECLP still stands. The ECLP applies to the geographical areas of the sites and applications for development on these sites would be assessed against the ECLP.

Events after the Court’s Order The Council had 21 days to mark an appeal against Lord Malcolm’s decisions received on 6 May 2011. At a meeting on 19 May 2011, Planning Committee voted not to accept the Head of Planning’s recommendation to mark an appeal against the Court’s decision. The committee report presented on the 19 May 2011 set out what were considered to be the effects of the quashing of the Written Statement and Proposals Map of the ECLP. It stated that in terms of the development plan, the changes leave both sites as greenfield land within the urban area.

This application (alongside the application at Newcraighall North ref 10/03449/PPP) was referred to the Development Management Sub-Committee on 22 June 2011. It was recommended that both applications should be granted and they were assessed as being greenfield sites within the urban area.

Prior to the sub-committee meeting, objectors raised a number of legal and procedural matters in relation to the way in which the applications had been handled. This included concerns that the Council had misinterpreted the legal effect of the judgement. The argument was that the status of the land was a matter of law and not a planning judgement with the correct development plan for the purposes of the application being the South East Edinburgh Local Plan (SEELP), which places the site in Green Belt. Concerns were also raised that the objectors should be given the opportunity to comment on the application again.

The concerns were passed onto the Monitoring Officer to investigate. The Head of Planning recommended that the reports should be continued and consideration of the planning applications postponed until a future meeting. The Development Management Sub-Committee on 22 June 2011 agreed to this and the applications were effectively put on hold until the Monitoring Officer had completed his review.

The Monitoring Officer’s Review The Monitoring Officer concluded that he did not consider that the manner in which the Council dealt with the planning applications gave rise to a contravention of law, maladministration or injustice.

He also concluded that the Council could proceed on the basis of the sites not being within the Green Belt. The Monitoring Officer’s review also included an assessment that as part of the quashing of the housing allocations, the associated open space proposal (known as OSR 5) and bus link should by implication also be regarded as quashed.

The Monitoring Officer made a number of recommendations. He recommended that in relation to the ECLP, a formal notice explaining the effect of the decision to quash the housing allocations should be placed in the Edinburgh Gazette and Evening News and explanatory text placed within a correction slip added to the local plan itself. This was undertaken on 2 September 2011.

He also made a number of recommendations on how to deal with the planning applications:

Development Management sub committee – 23 October 2013 Page 14 of 74 • The applications should be re-advertised as being contrary to the development plan (this was undertaken on 2 September 2011). There was no recommendation for the applicants to undertake further pre-application consultation. • The committee reports should take account of, amongst other matters, the following: - any representations from the re-advertisements; - an assessment of why the sites are not significantly contrary to the development plan; and - a reference to and assessment of the various objections, the development plan and the context of the previous legal challenge, and other material considerations.

(e) Dreghorn and Burdiehouse Appeals Since 22 June 2011 appeal decisions against the refusal of planning permission for housing on land at Burdiehouse and Dreghorn Polofields have been issued.

Both Reporters placed significant weight on the issue of housing land supply and allowed the appeals subject to conditions and the signing and registering of a Section 75 agreement.

Burdiehouse A planning permission in principle application by Hallam Land Management for residential development (100 units) at land at Burdiehouse was refused by committee on 15 October 2010.

The application was refused as the proposal was contrary to green belt policy and not supported by housing policies in the development plan. It did not adequately protect the green belt's open setting and identity, and failed to fully establish a defensible green belt boundary. It would also result in the loss of prime agricultural land and would have a detrimental impact upon the setting of the listed limekilns.

The Reporter was not convinced by the Council’s argument that, beyond the 5 year period, there is a ready supply of housing land which is also effective. He noted that there are a large number of outstanding planning permissions across the city and several form part of major regeneration projects. The majority of these potential developments are flatted schemes requiring significant investment and in the current climate the Reporter could not be confident that they will be able to contribute to the rolling 5 year effective land supply in the short or medium term. He also noted that the Council does not intend to progress an alteration to the local plan to fulfil Structure Plan Policy HOU 3. He concluded that the appeal site was effective and any constraints are likely to be capable of resolution. The reporter was of the opinion that the housing land supply was significant enough to issue a notice of intention to grant planning permission even though the land was greenfield, in Green Belt and there would be some adverse impact on the setting of the category B listed Limekilns.

Dreghorn A planning permission in principle application by Miller Homes and Taylor Wimpey for residential development (75 units) at land at Dreghorn Polofields was refused, by committee 25 June 2010.

This site, like Newcraighall East, is a greenfield site within the Urban Area. The application was refused by the Council as being contrary to Structure Plan Policy HOU 8 Development on Greenfield Land.

Development Management sub committee – 23 October 2013 Page 15 of 74

The Reporter in allowing the appeal also gave overriding weight to the supply of housing land, concluding that there was a strong case in principle for bringing the appeal site forward for residential development, although the proposal was not consistent with the terms of Structure Plan Policy HOU 8. In reaching this decision the Reporter noted that the Council did not intend to progress an alteration to the local plan to fulfil Structure Plan Policy HOU 3. He also noted that the Council provided no convincing evidence that there was a reasonable prospect of an effective five year housing land supply being maintained.

2. Main report

2.1 Description Of The Proposal

The proposal is for planning permission in principle for new housing, local mixed use facilities together with open space, access and services, infrastructure, landscape and footpath/cycle provision. Approval is not being sought for the detail of development at this stage.

Joint Masterplan The application is supported by a joint masterplan framework. This was produced in conjunction with the applicants for the site at Newcraighall North and in consultation with local residents. It covers both the housing sites at Newcraighall and establishes the parameters for development in terms of uses (housing, open space, mixed use facilities, and land for school site expansion), new planting, pedestrian and cycle links, vehicular access and bus safeguard.

The masterplan has been prepared to guide and co-ordinate development of the two adjacent sites which have a combined estimated capacity of 420 houses. It intends to show how new development will be designed and integrated into its setting and the existing community. The main points are described below:

Access Vehicular access to both sites is to be taken from Whitehill Street. Newcraighall North proposes two main accesses, one adjacent to the cottages at the centre of the village and the second from the eastern boundary of the site. The eastern access will require the removal of the northern bridge abutment. Newcraighall East proposes one principal vehicular access to be taken from the existing unnamed road adjacent to the site of the Miners Welfare Club. This access will also be used for the bus safeguard which will run through the site to the boundary with East Lothian.

Pedestrian and Cycle Movement National Cycle Route 1 (NCR1) currently runs along the edge of both sites and through the village. This currently includes an on-road section along Whitehill Street. The masterplan proposes re-routing this shortening the on-road section.

The masterplan shows pedestrian routes both through the site and illustrates where the developments will connect with the existing village. The use of shared surfaces will also aid in reducing the dominance of the car within the sites.

Development Management sub committee – 23 October 2013 Page 16 of 74 Public Open Space A new area of parkland is to be created to the east of Newcraighall East, whilst parkland is proposed along the eastern boundary of the northern site along the existing embankment. This creates a green corridor running through the masterplan area. Public open space is also proposed within both sites in the form of pocket parks and boulevards. A landscape buffer will provide separation, with the land allocated for business use in East Lothian.

Built Form The masterplan shows the principal routes and indicates where the main frontages will be. For both sites it is proposed to incorporate shared surfaces. The masterplan indicates that the housing will primarily be family housing, mostly two storeys, but in places three storeys where appropriate. It also shows the potential locations of mixed use facilities which aids in integrating both sites into the existing village by fronting onto Whitehill Street. The masterplan includes a 30m stand-off from the pylons which run along the eastern boundary of both housing sites.

Uses The emphasis is on the provision of family housing, though the exact detail of housing mix and types proposed will be subject to subsequent applications. Affordable housing is to be integrated through the development. As indicated above there is also the potential for mixed use facilities within the sites.

Newcraighall Primary School currently operates on a constrained site. The masterplan shows an indicative area for its extension.

Sustainability The masterplan contains a broad statement on the sustainability in relation to energy efficiency, passive low energy design and construction waste. The proposed layout provides for solar gain whilst the inclusion of open space, and SUDS will aid in increasing bio-diversity. The statement also points to encouraging sustainable transport access to local trains, buses and the cycle network.

Application Site The site extends to approximately 15ha and includes 5ha for open space and recreation purposes. The finalised local plan estimated a capacity of 220 residential units. The application does not specify an exact number as this will be subject to detailed design. The planning statement indicates that the proposal will conform with Council affordable housing policy, whilst any detailed proposals may also include a modest food retail facility. The joint masterplan identifies the principal routes and frontages showing homes arranged in urban blocks and land required for the primary school is indicatively shown.

The application reflects the principles set out in the joint masterplan framework and further detail will be the subject of any future applications.

The following information has been submitted in support of the application: Pre-Application Consultation Report Planning Statement Joint Masterplan Framework Ecology Report Archaeology Report Site Investigation Report

Development Management sub committee – 23 October 2013 Page 17 of 74 Transport Assessment Air Quality Assessment Flood Risk Assessment Surface Water Management Plan

These documents are available to view on the Planning and Building Standards Portal.

2.2 Determining Issues

Do the proposals preserve the building or its setting or any features of special architectural or historic interest which it possesses? If not, there is a presumption against the granting of consent. For the purposes of this issue, preserve, in relation to the building, means preserve it either in its existing state or subject only to such alterations or extensions as can be carried out without serious detriment to its character.

Do the proposals comply with the development plan?

If the proposals do comply with the development plan, are there any compelling reasons for not approving them?

If the proposals do not comply with the development plan, are there any compelling reasons for approving them?

2.3 Assessment

To address these determining issues, the Committee needs to consider whether: a) the development would be acceptable in principle having regard to the development plan; b) the development would be acceptable in terms of landscape character and the creation a strong defensible Green Belt boundary. c) the development will be acceptable in relation to transport infrastructure including traffic generation, road safety and public transport accessibility; d) there will be opportunities to integrate walking and cycling provision within the site and wider network; e) the development would adversely affect the Local Nature Conservation Site; f) the development is of an appropriate scale and design and provides an acceptable level of amenity for future and existing residents, including noise, and air quality; g) the development will adversely affect the character and setting of adjacent listed buildings and/or impact on archaeology remains; h) the development will be subject to contaminated land or ground stability issues i) the development results in significant flood risk; or has any special drainage requirements;

Development Management sub committee – 23 October 2013 Page 18 of 74 j) the development would have implications for school capacities; and k) there are any other material considerations.

a) Will the development be acceptable in principle having regard to the development plan?

Under section 25 of the Town and Country Planning (Scotland) Act 1997 the Council must determine all planning applications in accordance with the development plan unless material considerations indicate otherwise.

The effect of the Court’s order means that the area of the site proposed for residential development is greenfield and in the Urban Area. The appeal before Lord Malcolm was not concerned with the suitability of the land for housing. It was the adequacy of the reasoning given for not accepting the local plan Reporter’s recommendations. Lord Malcolm stated that his decision need not halt the development control process in respect of planning applications for housing development in the urban fringe.

There are no urban fringe sites allocated to meet the requirements of Structure Plan HOU 3. The Council does not intend to progress an alteration to the adopted local plan because work is well advanced on the preparation of the new local development plan.

This does not prevent individual applications for planning permission being submitted and subsequently determined. There is no requirement to carry out a comparative assessment of housing sites, though the ECLP Reporters’ assessment is a material consideration in determining the application.

Housing Land Supply The principal policy is Structure Plan Policy HOU 8: Development on Greenfield Land. This policy sets out a presumption against new development on greenfield sites other than those existing housing sites or those to meet Strategic Housing Allocations identified in Structure Plan Policy HOU 3. The site is not allocated in the Local Plan and the proposal is contrary to Policy HOU 8.

The Structure Plan required that the local plans allocated sufficient housing to meet a housing need. Policy HOU 3 and the accompanying schedule 3.1 set out the broad locations where this land should be allocated at.

It should also be noted that Structure Plan Policy HOU 3 only relates to allocations and is not relevant for assessing planning applications. Therefore granting permission for this development will not be an allocation in terms of structure plan as any strategic housing allocations require to be allocated in local plans.

Structure Plan Policy HOU 10 requires that the Lothian councils will maintain an effective five year housing land supply. The Annual Housing Monitor 2010 (AHM) states that the five year housing supply is 5,468 against a requirement of 12,254 or 45% of the target. The current effective land supply is significantly below the structure plan requirement. However, the AHM explains that reasons for this shortfall is for infrastructure and marketing reasons rather than a lack of land identified for housing. The AHM indicates that it is not the intention to neither make significant additional land

Development Management sub committee – 23 October 2013 Page 19 of 74 allocations nor support windfall sites outwith the core development areas. The site is not within a core development area.

As with the requirement set out in policy HOU10 in the structure plan, the consolidated Scottish Planning Policy (SPP) states that the Scottish Government is committed to increasing the supply of new homes and the planning system should contribute to raising the rate of new housebuilding by identifying a generous supply of land for the provision of a range of housing in the right places. In addition, Paragraph 75 states that a supply of effective land for at least 5 years should be maintained at all times to ensure a continuing generous supply of land for house building.

The requirement to maintain an effective five year land supply is a significant material consideration. The reporters for both the Dreghorn and Burdiehouse appeals placed significant weight on the shortfall in the 5 year effective land supply and were not convinced by the reasons given for the shortfall. They concluded that both sites where in suitable locations, effective and able to contribute to the range and variety of new housing in the local market area.

The significant shortfall in the 5 year effective housing land supply is justification to depart from greenfield policy provided that the site is in a suitable location, effective and reasonable in all other aspects.

Existing brownfield sites that some objectors have referred to in their representations, in preference of developing greenfield land, are already included in the Housing Land Audit (which the AHM is based on). The majority of these sites are shown to be programmed into the housing completion figures up to the end of the Structure Plan period and beyond.

The site is one that has previously been supported by the Council through previous iterations of the local plan and the associated EIA report, the ECLP Inquiry Reporters concluded that it was a suitable site in part and it is effective and capable of being so within the structure plan period.

Site Effectiveness Planning Advice Note (PAN) 2/2010: Affordable Housing and Housing Land Supply sets out the basis for defining an effective site, it includes: ownership; physical (free from constraints related to slope, aspect, flood risk, ground stability or access); contamination; deficit funding; marketability; infrastructure; and land use.

Individual issues are considered later on in the report but a summary is included here.

As set out earlier, the local plan inquiry Reporters carried out an assessment of whether the site could make a contribution to the effective land supply, and concluded, in part, that it could. They were mainly concerned over the loss of Green Belt, which the land is now no longer covered by.

The site is in the single ownership of the applicant. The type of development proposed is different to the majority of that already in the established housing supply (i.e. flats). It is expected that the site could be developed, in part, within structure plan period and contribute to the effective housing land supply.

Development Management sub committee – 23 October 2013 Page 20 of 74 The site is relatively flat and featureless. A power line crosses the site and the proposals incorporate a 30m stand-off which will exclude any housing development; however the standoff does not preclude other potential uses such as SUDs, greenspace or road. SEPA have stated that flood risk and drainage is not an overriding constraint on the site. The site can be adequately accessed.

The applicants have submitted a report detailing ground conditions. This includes a desktop study and ground investigation. It recommends appropriate treatment to existing mineshafts and also identifies two areas that will require further investigation – one area in the south east of the area for housing development and an area to the east of Park View. Subject to further work any land contamination issues can be adequately resolved and SfC Environmental Assessment has recommended the use of a standard condition.

In relation to infrastructure the site has good transports links by a range of modes of travel including walking, cycling and public transport. Issues relating to the footpaths, crossing points and traffic calming can be resolved via conditions and a legal agreement. Transport has not raised any objections to the proposals. School capacity can be dealt with through a legal agreement. Scottish Water has not objected to the planning application. Deficit funding is not required.

The housing element of the application is not in Green Belt and a landscape buffer can be provided between the housing site and any adjacent proposed business areas in East Lothian.

The land is currently in agricultural use. Scottish Planning Policy seeks to resist development on prime agricultural land unless it is an essential component of the settlement strategy or is necessary to meet an established need. The need for housing outweighs this land use in this instance.

Development will also provide local regeneration benefits by such as supporting local services, and providing recreation opportunities.

In conclusion, the proposals are contrary to Policy HOU 8 of the Structure Plan. However the requirement to maintain an effective five year land supply is a significant material consideration. The Annual Housing Monitor demonstrates that the effective land supply in Edinburgh is only 45% of the requirement. This site is effective in terms of PAN 2/2010, within the Urban Area and the need for housing in suitable locations outweighs greenfield policy and the current agricultural use. b) Will the development be acceptable in landscape terms and create a strong defensible Green Belt boundary?

The site is a flat, low-lying, arable field, open to the rear of property boundaries on Newcraighall Road. On its west the site is enclosed by tree planting on the eastern edge of Newcraighall public park and outgrown hedgerow to the south. Across a further field to the south, lie the wooded embankments of the A1 and the 4-5 storey building of Queen Margaret University (QMU). To the north and east, scrub vegetation covers a broad disused railway embankment to the west of the East Coast mainline and settlement of Musselburgh. A high voltage power line runs from north to south across the eastern half of the site. The site has rural characteristics but is influenced by the urban developments (Newcraighall to the north and QMU to the south) and urban edge infrastructure (road and railway embankments and the power line).

Development Management sub committee – 23 October 2013 Page 21 of 74

The ECLP Reporters were not persuaded that the allocation of the site, in its entirety, would minimise the impact on Green Belt objectives. The main concern being that the Structure Plan sets out that one of the main purposes of Green Belt is to maintain the identity of the City by clearly establishing its physical boundaries and preventing coalescence.

Views to the site are restricted by its low-lying terrain and the enclosure provided by surrounding development and planted transport corridors. The site is visible from local properties and the public park. From these areas, the site is viewed against the backdrop of the Mayfield-Tranent ridgeline, high voltage power lines and QMU, which has introduced large scale urban elements into the landscape. Views from the Bypass are limited by roadside planting and QMU buildings. Views from the East Coast Railway are restricted by car parking and embankments. The site provides a cross boundary Core Path route, which runs to the west of Newcraighall. Within East Lothian the path traces the QMU access road and railway crossing at Musselburgh Station, where views exist across farmland towards Arthur’s Seat.

The area put forward for housing is no longer retained in Green Belt and therefore the relevant policies do not apply to that part of the proposal. Development of the site would not impact upon the city’s wider landscape setting. Residential development would alter the site’s rural characteristics, though these are already influenced by QMU campus to the south. Its role in establishing the city’s setting is limited due to its low- lying position and lack of prominence in views from the wider landscape and transport routes.

ECLP Policy Des 8 relates to urban edge development. It indicates that development should promote access to the surrounding countryside, and included landscape improvement proposals.

The site retains physical separation between settlements with the masterplan indicatively showing a landscape buffer, with boulevard tree planting, of some 20-22m in depth along the southern edge of the site. East Lothian Council have raised no objections to the proposal. They support the proposal for the landscape buffer shown on the masterplan, provided that it is of an appropriate width with suitable planting. East Lothian Council also state that the draft Development Framework for Craighall Business Park requires a wide landscape buffer that retains the existing trees and is supplemented by new planting on the East Lothian side.

The masterplan shows open parkland east of the housing development, which is retained in Green Belt, and indicates pathways to encourage walking and cycling. A road/bus link running along this boundary will provide a clear defendable boundary which can be easily read on the ground, in line with advice given in national policy.

The part of the site put forward for housing is no longer in Green Belt and its development will be acceptable in landscape terms. A landscape buffer will maintain separation with Musselburgh. Further landscape details will be required through subsequent approval of conditions applications.

c) Will the development be acceptable in relation to transport infrastructure including traffic generation, road safety and public transport accessibility?

Development Management sub committee – 23 October 2013 Page 22 of 74 Whitehill Street / Newcraighall Road (A6095) runs through the centre of the village. The A6095 is traffic calmed and restricted to 30mph and 20mph close to the school at various points during the day. The bridge abutments at the eastern entrance to the village result in a pinch point in the road causing problems for large vehicles such as buses. Further west of the village is the park and ride and adjacent facilities, the grade separated junction to the A1 and Fort Kinnaird.

The proposed vehicular access to the site is shown along an unnamed road which joins the site to Whitehill Street passing the site of the former Miners' Welfare Society and Social Club. The proposed access and visibility splays are acceptable. The proposals include a bus safeguard linking through to East Lothian; this access will be for buses only. Transport are satisfied that a bus will be able to negotiate the current junction, though alterations may be required to the existing kerbline. The reservation of land and alterations to the kerbline can be included in a legal agreement.

The majority of the objections to the proposal concentrate on the issues of traffic generation, safety and the requirement for alternative access points (i.e. outwith the village itself), especially when coupled with the proposed residential development at Newcraighall North. The applicants submitted a local transport assessment as part of the application. Transport has raised no objections to the transport assessment subject to a number of conditions and informatives.

In relation to public transport, the centre of the site is within 250m of the nearest bus stop on Whitehill Street, which is within the 400m distance set out in Planning Advice Note 75 Planning for Transport. The number 30 bus provides a fast, regular and frequent service (every ten minutes) throughout the day to the main centres of employment and retailing likely to be used by the residents. The service passes close to the secondary school, G.P. Surgery and leisure facilities. First Bus 141 and Eves Coaches 128 also pass through Newcraighall.

Newcraighall railway station is within easy walking distance of the site, approximately 750m. If development were to take place on the land allocated in East Lothian this could create a direct route of some 860m to Musselburgh station. The stations provide a fast, regular and frequent service to Edinburgh, with the cross link providing a direct link to Edinburgh Park/South Gyle, one of the established employment areas in Edinburgh.

Policy Des 4 Layout Design is relevant to the issue of vehicular access. Internally the masterplan only shows the main routes set out in a block formation. The main access to Whitehill Street is directly linked to public transport and the village itself. This is acceptable. Access from outwith the village, as suggested by objectors, would be contrary to this policy.

Transport has no objection to the development in principle subject to a number of conditions, informatives and a legal agreement. These include further consideration with regards to pedestrian and cycle crossings on Newcraighall Road, traffic calming measures, potential alterations and upgrades to bus shelters, the internal layout to be in accordance with Designing Streets and a travel pack. Several discussions have taken place between Transport and the applicants and they have agreed to enter in to an appropriate legal agreement. The requirements are broadly the same as those required for a separate application at Newcraighall North.

Development Management sub committee – 23 October 2013 Page 23 of 74 The Council will endeavour to work with both applicants on the delivery of the infrastructure but must ensure that the legal agreement in relation to any permission secures the relevant works in relation to that development.

In summary, the site can be adequately accessed, it has good access to public transport and subject to appropriate conditions, informatives and legal agreement, the proposed traffic implications can be satisfactorily addressed.

d) Will there be opportunities to integrate walking and cycling provision within the site and wider network?

PAN 75 is relevant when considering the integration of effective walking and cycling networks. It recommends maximum walking distances of 1600m to local facilities such as shops.

The applicant has calculated distances from the site to other services and facilities. These show the site is within 500m of the local shop, 200m to the primary school, 600m to a pub/restaurant. Fort Kinnaird is approximately 1000m, Queen Margaret University 1100m and ASDA 1600m from the site. These are broadly similar to those put forward by the Council at the time of the local plan inquiry. Considerable improvements for pedestrians have also recently been carried out at Fort Kinnaird and along the route from Newcraighall to Fort Kinnaird. The site has reasonably good walking accessibility to services and facilities.

National Cycle Route 1 (NCR1) runs close to the site running along a path from Queen Margaret University along the western side of Newcraighall Park before joining the local streets and then the A6095. It runs east along the road before joining another off road section which runs along the former railway embankment and north through to Brunstane. NCR 1 in its current state is identified as a core path.

The original proposals showed a second access at the east of the site with a cycle link through down the edge of the site (next to the pylons) and joining East Lothian. The second access has now been removed; the cycle route which followed it has also been re-aligned following representations from East Lothian Council. The cycle link is now shown to come through the proposed development and link through to the existing housing or through the park.

The disused railway lines are shown on the local plan proposals map as transport safeguards for future use. Policy Tra 13 states that planning permission will not be granted for development which, amongst other matters, prevent the implementation of proposed cycle paths/footpaths shown on the Proposals Map, and be detrimental to a path which forms part of the core paths network or would prejudice the continuity of the off-road network generally.

The existing embankments and bridge are outwith this application site. However one of the purposes of the joint masterplan is to show footpath and cycle network improvements through the area. The northern abutment that carries the current bridge is to be removed to both provide access to the northern housing site and also for wider public realm improvements by opening up the eastern entrance to the village and improve pedestrian links.

Development Management sub committee – 23 October 2013 Page 24 of 74 The proposals will help reduce the on-road sections of the cycle route. Sustrans have not objected to the loss of the existing bridge provided that safe crossings at grade are put in place. They see the potential for new paths planned in the site to link into the existing cycle way and footpaths.

Internally the masterplan shows pedestrian and cycle routes within the site connecting to the proposed open space to the east, through to Newcraighall Park and also into the existing residential areas. The layout will encourage walking and cycling, whilst the masterplan shows principal streets overlooking streets and spaces.

The site offers good connections with the existing village and the wider area. Transport has not objected to the proposals though have raised a number of issues to be dealt with as conditions, informatives or are the subject of a legal agreement. These relate to details of pedestrian and cycle routes, pedestrian and cycle crossings, cycle parking, the internal layout to be designed in accordance with Designing Streets, and consideration of widening the existing restricted footways at the west end of the village. The requirements are broadly the same as those required for a separate application at Newcraighall North. e) Will the development adversely affect the Local Nature Conservation Site?

The site is currently arable farmland and has limited ecological value. The former railway line adjacent to the site is designated as a Local Nature Conservation Site, but is outwith the site boundary. An Ecology Report has been submitted as part of the application. This included a site inspection for evidence of, or potential for, use by species protected by European or national legislation. It concluded that there is no evidence of protected species using the site. A badger sett is local to the site but there is no evidence of badgers using the site, which is not ideal foraging ground for badgers.

The final development should incorporate biodiversity enhancement of the area in accordance with policy Des 3. A SUDs scheme is proposed which could also include potential for biodiversity enhancement. The inclusion of the open space parkland area to the east of the site, and next to the LNCS, will provide opportunities for biodiversity enhancement.

The proposals are acceptable subject to conditions in relation to further landscape consideration at the detailed stage, a Habitat Management Plan and the protection of nesting birds through the protection of scrub. f) Is the development of an appropriate scale and design and will it provide an acceptable level of amenity for future and existing residents, including noise and air quality?

The application is for planning permission in principle and therefore specific details have not been provided. The general layout of the proposal is well set out and at the master plan stage the level of detail supplied is sufficient. The street hierarchy and use of blocks provides a clear layout which can be expanded on in the later design submissions. Principal frontages will overlook principal streets and spaces. The layout provides green space with the intention of creating a green route through the centre of the site. It also shows linkages to the existing residential area.

The site is for relatively low density housing and it is both good practice and a requirement of the local plan to show how the proposal can be integrated into the

Development Management sub committee – 23 October 2013 Page 25 of 74 village. A draft masterplan was presented to the Edinburgh Urban Design Panel and comments from the panel were positive. Encouragement was given to the approach taken and the potential to integrate with the existing residential areas. The panel also advocated the loss of the disused bridge to open up the eastern side of the village.

The landscape issues have been dealt with above whilst future applications will have to demonstrate that the proposals comply with the privacy distance standards and be assessed to show that there will not be any daylighting, sunlighting or any other impact on both existing and future neighbours.

Local Plan Policy Com 1 Community Facilities sets out that housing development should go hand in hand with the provision of community facilities, such as local shops. The proposed small mixed use building is acceptable in principle dependent on the final proposed use. A condition can be used to limit the size of any retail to 250 sqm.

Open Space The Open Space Strategy shows that there is not a deficiency of open space in this area. Furthermore, an area of open parkland approximately 5 hectares is to be created at the east of the site. Internally the site also contains pockets of green space. Detailed design will be required to show that private open space meets the requirements of local plan Policy Hou 3.

Air Quality An air quality assessment has been provided. This took into account any potential cumulative impact from the other housing site to the north and the existing biomass boiler located at Queen Margaret University. It has shown that any cumulative impact will be negligible. Environmental Assessment has considered the findings and has raised no objections, subject to a condition to protect local amenity during the construction phase.

Pylons The pylon line runs along the eastern boundary of the housing site. There is a requirement that prohibits any built development for 30m on either side of the pylon corridor. This 30m stand-off will exclude any housing development, but is still acceptable for other potential uses such as SUDs, greenspace or roads. The masterplan respects this and further detailed applications will be required to take account of this stand-off.

A holding objection has been received from Scottish Power in relation to ensuring that safety clearances are maintained and access to their apparatus is maintained. If permission is granted they have asked for this information to be passed onto the applicant. This can be dealt with by adding an appropriate informative.

Noise Best practice guidance for noise is contained in PAN 1/2011 Planning and Noise. Noise implications for the site include the aforementioned pylons, proximity of the A1 and railway lines, and noise from any existing or proposed commercial properties.

Environmental Assessment has assessed the proposals and noise implications will be considered at further stage applications.

The masterplan also shows the location of potential mixed use facilities. Environmental Assessment has assessed a number of possible uses such as retail, office, business

Development Management sub committee – 23 October 2013 Page 26 of 74 units, community facilities and assembly and leisure. They have recommended a number of conditions in relation to noise generation, ventilation and delivery times.

Issues such as general street noise, disturbance, and anti- social behaviour, which have been raised by objectors, can be dealt with through more appropriate statutory legislation. Therefore, with the use of appropriate conditions and other statutory controls, any nuisance or disturbance from the proposed development can be adequately addressed.

The masterplan provides a positive framework for future AMC applications. The development will provide an acceptable level of amenity for existing and future residents subject to conditions. g) Will the development adversely affect the character and settings of adjacent listed buildings or impact on and archaeological remains?

Newcraighall Primary School and the adjacent former Parish Church are both category C(s) listed and abut the boundary of the housing site. The primary outlook of both buildings is onto Whitehill Street. The school has a later nursery block extension to the rear of the school and sits within a hardstanding playground. The proposal includes land to extend the boundary of the school site and provide a grassed area which will improve the immediate surrounds of the school. The church sits further back from the housing site and the proposed school extension ground will sit in front of this providing a degree of separation from wider housing area. The proposal does not provide detail of the housing and this will be a matter for the detailed application, although development will not have a detrimental impact on these buildings.

A desk based archaeological assessment and a watching brief report of ground investigations during August 2010 has been provided. This has shown the site to contain a range of archaeological remains from prehistoric through to modern industrial/ mining activities. Furthermore, the City Archaeologist has stated that there is the likelihood that the site occurs across the route of the Scottish armies following the nearby Battle of Pinkie. Overall, he has no objection to the proposal in principle, subject to a condition requiring further detailed ground investigations prior to development on site.

In summary, there will not be an adverse affect on the listed buildings and conditions can be imposed to protect potential archaeological remains. h) Will the development be subject to contaminated land or ground stability issues?

A Geo-Environmental Interpretative Report has been submitted in support of the application. The researchers have identified that that the application site has been subject to past coal mining activity. The report has identified two zones that require further investigation or where ground treatment will be required to address any mining legacy issues of the site.

Several mineshafts and an adit have been identified within the site boundary. The report recommends that these are grouted and capped with stand offs put in place. The stand offs will have to be taken into account at the detailed stage.

The Coal Authority has been consulted and has stated that should planning permission be granted, conditions should be put in place to ensure that the additional investigative

Development Management sub committee – 23 October 2013 Page 27 of 74 and treatment works set out in the Geo-Environmental Interpretative Report are undertaken on site prior to commencement of development.

Environmental Assessment has considered the findings of the report. Although there are initial concerns over land contamination and hazardous ground gas it is content that with further work this issue can be adequately resolved. It is recommended a standard condition to ensure further information is provided and suitable remedial or protective measures are taken.

Mine workings do not impose a fundamental obstacle to development and are encountered elsewhere in Edinburgh. In summary there are no overriding contaminated land or ground stability issues subject to conditions.

i) Will the development result in any significant flood risk or does it have any special drainage requirements?

SEPA originally objected to the proposal due to the lack of information. A Flood Risk Assessment and Surface Water Management Plan have subsequently been submitted. SEPA has reviewed this document and is now in a position to withdraw the objection as flood risk is not an overriding constraint on the site. The general measures outlined in the Surface Water Management Strategy are acceptable and SEPA have proposed a condition in relation to SUDS.

The Council’s flood risk officer does not object to the principle of development and the approach being taken subject to conditions.

There are no overriding significant flooding or drainage issues, subject to appropriate conditions.

j) Are there any implications for school capacities?

Children and Families has set out the requirement for a contribution to Newcraighall Primary School.

An estimated 420 dwellings across the two housing proposals at Newcraighall are expected to generate between 80-100 pupils, and this will require the provision of a 7 class organisation with a capacity of 199 pupils.

A 7 class organisation also requires the provision of a second general purpose (GP) room and an additional two rooms and associated extra circulation space plus provision of furniture and fittings. A 7 class primary school with nursery should occupy a minimum site of 1 hectare. The current site area is approximately 0.4 hectares. To help address this shortfall it is proposed that part of the development site adjoining the school is given over to school use.

A grassed area is sought to the south-east of the school (approx 0.1 hectares), on land that is bounded by the school and the former miners club and provision of a maximum of 0.1 hectares of hardstanding is sought to the south of the school. The preference is to provide an all weather facility at Newcraighall Park that already has changing facilities and which could serve wider community use. Both the Head Teacher and Culture and Leisure support this approach. This would reduce the required land take at

Development Management sub committee – 23 October 2013 Page 28 of 74 the school to approx 0.2 hectares. A footpath link would be sought from the school to the park should off-site provision be made.

Children and Families has indicated a cost of £830,000. Discussions have taken place with both the applicants for the proposals at Newcraighall North and East and there is a joint commitment to provide such a contribution to the primary school. The sharing of the costs and the phasing of the school extension will be subject to a legal agreement.

The proposals will be acceptable in terms of school capacity. k) Are there any other material considerations?

A full Sustainability Appraisal will be required with any subsequent AMC applications. The joint masterplan itself provides a commitment to sustainability setting out its strategic underpinnings. This includes a well planned and efficient road layout, a layout that prioritises solar orientation, a safe and pleasant urban public realm, encouragement to sustainable transport, biodiversity improvements, the incorporation of SUDs and adaptability of buildings.

The requirement to provide an artificial playing pitch and upgrades to the paths and cycle routes is considered to be the Public Realm contribution.

It also includes a statement in relation to following a waste hierarchy in the construction phase placing emphasis on reducing, re-using and recycling of construction materials.

In terms of affordable housing the applicants have indicated that they would intend to fulfil the Council’s requirement for 25% affordable housing in line with the ECLP policy Hou 7 and this will be subject to a legal agreement. The method of delivery and tenures would be discussed at the detailed application stage.

Conclusion The proposal is contrary to the development plan as the site is greenfield. However, it is still within the Urban Area as defined on the Proposals Map and a departure can be justified in this instance. The effective housing land supply in Edinburgh is only 45% of the requirement and although the AHM provides reasons for this there is still need to provide land for housing, with Scottish Planning Policy stating that there should be a generous supply of land for house building. It is one that the Council has previously supported and it compared well in the ECLP Reporters assessment. The site is one capable of development, in a sustainable and suitable location and its development will afford regeneration benefits. These outweigh the fact that the area of the site proposed for residential development is greenfield. The proposal is acceptable in all other respects.

Although a departure from the development plan, the application is not considered to be a significant departure and therefore there is no requirement for a pre-determination hearing and referral to full Council.

Circular 4/2009 provides limited advice on what may be deemed as significant but states that there is a general expectation that this applies where approval would be contrary to the vision or wider spatial strategy of the plan. This judgement lies with the planning authority. In this instance the land is greenfield but is within the Urban Area and not designated as Green Belt.

Development Management sub committee – 23 October 2013 Page 29 of 74 The strategic aims/spatial strategy are set out at section 2 of the SP and from paragraphs 2.11 to 2.20 in the ECLP. The overarching aim of the SP is to provide in full for the development needs of Edinburgh and the Lothians in accordance with the principle of sustainable development, whilst maintaining and enhancing the environmental heritage that underpins the area’s quality of life. It identifies four locations in the city which will accommodate high levels of new development to meet growth needs and these form the major elements of the local plan spatial strategy. The four areas are the City Centre, Edinburgh’s Waterfront, Edinburgh Park, Sighthill and South Gyle and South East Wedge BioQuarter. Further to this the local plan states that development in the Urban Area should respect the principles of sustainable development, with residential development contributing to mixed, sustainable communities and places importance on accessible services and job opportunities.

As the site is within the Urban Area development here would not have an adverse impact on the development plan’s spatial strategy

The proposals will not prejudice residential amenity, road safety, the path network, nature conservation or the setting of the listed buildings. The proposals are acceptable in relation to the proposed layout and other environmental considerations.

It is recommended that this application is approved subject to the attached conditions and the signing of a legal agreement.

Addendum to Assessment

At the meeting on 23 November 2011 Committee continued consideration of the application to ask the Head of Planning to negotiate with the applicants with a view to a reduction of the number of units proposed for the site. At the same committee the application for housing at Newcraighall North was also continued for the same reason.

Discussions have taken place with both sets of applicants who have been working together in trying to address the concerns raised by the Committee. They have provided a joint submission stating that they have come to a workable compromise, recognising that although the applications are separate legal entities both should be dealt with together.

Housing numbers Both applicants have reconsidered their development models. They have put forward a reduction in the number of units which would still be feasible and allow the sharing of costs and the delivery of planning obligations, such as the school extension to remain workable.

Across the two Newcraighall sites the estimated capacity is 420 houses, 200 for Newcraighall North and 220 for Newcraighall East. A 20% reduction has been proposed resulting in a reduction of 84 units to 336. This translates to a maximum of 160 units on Newcraighall North and 176 units on Newcraighall East.

The original condition limiting the number of units on the site has been altered to reflect this reduction.

An indicative layout plan for the site has also been provided showing how the site could be developed. The applicants have also asked that the original open space and recreation proposal (OSR 5) contained in the Edinburgh City Local Plan, now quashed

Development Management sub committee – 23 October 2013 Page 30 of 74 as part of the legal challenge, is retained in agricultural use. This is acceptable as the OSR proposal predated the Open Space Strategy (OSS) which has subsequently set standards for open space provision. When measured against the standards contained in the strategy the area is sufficiently catered for by Newcraighall Park, which would also benefit from contributions to provide an all weather pitch within it. The Main Issues Report also proposes that the former OSR proposal is replaced by housing.

The strip of land is currently retained in Green Belt and retaining it in agricultural use will still enable the green corridor along the eastern end of the masterplan area to be retained.

Housing density The issue of housing density was raised at the hearing and the applicants have provided further information in relation to this issue.

The analysis looks at the density of development of the existing village and the housing at Gilberstoun to the north. It shows a gross density of 30.4 dwellings per hectare (dph) for Newcraighall village itself and 29.9 dph for Gilberstoun.

In comparison the original proposed density for the Newcraighall East is only 21.6 dph based on a proposed 220 units, for 176 units this would be a density of 17.3 dph.

The original proposals expressed in the masterplan for the site are based on Scottish Government Policy and urban design best practice. A density of 17.3 dwellings per hectare is also significantly lower than the 25-35 dph put forward for the site in the Council’s own Local Development Plan Main Issues Report (MIR), which was approved by Planning Committee and currently being consulted on.

In assessing the proposal government guidance does not impose a maximum or minimum density for housing, however it does state that decisions on the layout and design of new developments should promote the efficient use of land. Density should also be determined in relation to the character of the place, with the density of the existing village and more recent Gilberstoun development being significantly higher than that proposed.

The original proposals provided low density housing suitable to the locality. The proposed reduction in provides an even lower density which is moving away from the policy emphasis on higher densities and the efficient use of land.

Phasing Turning to development phasing / sales rate, information submitted as part of the Newcraighall North application is also relevant. This provides an assessment of 15 nearby sites that are currently active or have been recently completed. The average sales rate is 2.03 per calendar month. The report notes that sales in the vicinity of the application site at two sites at Milton Road East are performing better with rates of 3.8 and 2.6 per month.

The applicants have indicated that the development of the site will be in phases and consider present market conditions indicating that the size of each phase is likely to be circa 50 units. Consequently if development were to go ahead it would not result in the full site being developed at one time. Development would be spread out over a number of years allowing the village to absorb development incrementally. A new condition

Development Management sub committee – 23 October 2013 Page 31 of 74 requiring a phasing plan to be submitted at the same time as the first application for the approval of matters specified in conditions has been proposed.

Conclusion At the Committee meeting on 23 November 2011 it was established that the principle of housing on the site was generally accepted, although there were concerns over the number of housing units being proposed.

Both applicants have positively responded to this by reducing the number of houses across the two sites at Newcraighall by 20% and have indicated that any lower would affect the applicants’ ability to fund planning obligations.

The proposals are for low density housing and any development would come forward in phases. It is recommended that the application is granted subject to conditions and the signing of a legal agreement.

The applicants have also requested that if the proposed compromise is insufficient to address the concerns of the Committee they would accept a planning permission in principle for residential development on the site. Housing numbers and density would be addressed at the more detailed planning stage with the lodgement of the first AMC application.

Addendum 2 - October 2013

The Committee was minded to grant this application on the 18th January 2012 subject to, amongst other things, a legal agreement being provided to ensure that affordable housing, increased school capacity and a contribution of land for the school, transport infrastructure, an all-weather pitch and a travel plan were secured.

The applicant is still willing to meet these requirements, but is seeking to change the proposed arrangements for delivery.

Transport The off-site transport requirements are specified in the consultations section of this report. While some further work is needed to establish the full extent of the works, the works include a new pedestrian crossing on Newcraighall Road, the upgrading of an existing pedestrian crossing, improved traffic calming arrangements and the relocation and improvement of bus stops.

Transport originally stated that it expected the developers of both this site and the housing site to the north ( Reference:- 10/03449/PPP) to implement these improvements.

The applicants have indicated that whilst they accept the transport requirements, they do not wish to be responsible for carrying out all the proposed works to adopted roads or to be liable for an, as yet, unspecified scope of works.

The applicant, in discussion with EDI (applicant for Newcraighall North), has proposed a way forward.

The Dalyrmple Trust will:

Development Management sub committee – 23 October 2013 Page 32 of 74 - design and procure the upgrade of the existing Toucan crossing on Newcraighall Road; - design and procure the realignment of the kerbline at Newcraighall Road and the access to the site in order to facilitate the turning movements of buses; and - make a financial contribution of £65,000 in order to cover the cost of traffic calming, replacing and upgrading bus stop facilities promoting traffic regulation orders and any other improvements considered necessary and as identified in the subsequent applications (AMC/RCC) to the Council.

Likewise, EDI will: - design and procure the delivery of a new Toucan Crossing on Newcraighall Road; and - make a financial contribution of £35,000 in order to cover the cost of traffic calming, replacing and upgrading bus stop facilities, promoting traffic regulation orders, and any other improvements considered necessary and as identified in the subsequent applications (AMC/RCC) to the Council.

In proceeding in this manner it should be noted that:

- these provisions will replace the current informatives relating to transport infrastructure. The informative text in this report reflects these changes. - all the other informatives will remains as previously reported to Committee. - the design and location of the pedestrian crossing works will be agreed with the Council before the works are taken forward by the developer. - the cost of delivering these works will be met by the developer and that the previous estimates provided were not the subject of any pricing exercise. - the amount of financial contribution (£65,000) reflects the approach suggested by both applicants although it should be noted that the cost estimates for the crossing works were not subject to a pricing exercise.

Transport has agreed this new approach to securing the required transport improvements to enable the proposal to meet their requirements.

The provision of supporting infrastructure is a material planning consideration. The key consideration for Committee, in this instance, is whether the way in which the applicant is proposing to meet some of the transportation requirements by making a financial contribution has a bearing on the acceptability, or otherwise, of this application.

The applicants' proposed contribution is in accordance with the development plan and the Council’s supplementary planning guidance, and is proportionate with the impacts attributable to this proposal. It is not considered reasonable to require the developer to construct all the works.

Education Originally, Education envisaged that the first phase of any funding arrangements for the primary school would agree the process for the land transfer in advance of building works. Furthermore, Education also expected that where housing development starts in advance on one site, the full costs of the school extension will be required to borne by that developer and recouped once development starts on the second site.

Consistent with the original requirements from Children and Families, the applicants are willing to contribute half of the total required £830,000 (£415,000) towards the extension of Newcraighall Primary School and associated facilities such as the all-

Development Management sub committee – 23 October 2013 Page 33 of 74 weather playing field and also the provision of an area of land to extend the school site into. EDI is to contribute the other half.

Payment is proposed in two equal tranches with the first payment being paid upon completion of the 100th unit and the second being paid prior to final completion of the development. The school land is proposed to be transferred within one month of the signing of the legal agreement.

This approach enables either site to come forward first without being reliant on the other. The approach to education contributions is a reasonable way forward and there is agreement from both applicants.

It is recommended that the Committee approves this application subject to a legal agreement as set out above. The other conditions and legal agreement requirements remain as previously reported. The informatives attached to this report have been altered to reflect this position.

3. Recommendations

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

3.2 Conditions/reasons Conditions:-

1. The development shall proceed in accordance with the Newcraighall North and East Joint Masterplan Framework.

2. Prior to, or part of, the submission of the first application for approval of matters specified in conditions a detailed flood risk assessment should be submitted and approved in writing by the Planning Authority. This must show that the risk of flooding of buildings from the surface water culvert or sewer within the site meets the recommended standard i.e. less than 0.5% AEP. The assessment must include, in addition to hydraulic analysis, a survey of the culvert including downstream of the site, an assessment of any defects, and clarification of the ownership and maintenance responsibilities for the culvert present and future.

3. Prior to, or part of, the submission of the first application for approval of matters specified in conditions a detailed surface water management plan must be submitted and approved in writing by the Planning Authority. This must include drawings and calculations showing treatment and attenuation of surface water drainage, flow paths and attenuation of surface water overland flow, ground and floor levels, adoption and maintenance procedures. Where the site is to be divided all subsequent applications must show conformity with this plan.

4. Prior to the commencement of works on site, details of the under-noted matters shall be submitted and approved by the planning authority, in the form of a detailed layout of that phase of the site and include detailed plans, sections and elevations of the buildings and all other structures.

Development Management sub committee – 23 October 2013 Page 34 of 74 Approval of Matters:

(a) the precise number of residential units to be developed within the site, not exceeding 176 units.

(b) Siting, design and height of development, including design of all external features and glazing specifications (including acoustic capabilities)

(c) design and configuration of public open spaces, all external materials and finished and details of any play equipment;

(d) car and cycle parking, access, road layout, bus link and gate location, path and cycle path layouts (including diversion of National Cycle Route 1 and the route from the School to the existing park) and alignment

(e) amendments or any treatment to adopted roads or footways

(f) noise attenuation measures

(g) surface water and drainage arrangements

(h) waste management and recycling facilities

(i) sustainability details

(j) existing and finished ground levels and proposed floor levels in relation to Ordnance Datum

(k) hard and soft landscaping details, including:

(i) Walls, fences, gates and any other boundary treatments; (ii) Landscape buffer and the location of new trees, shrubs and hedges (iii) A schedule of plants to comprise species, plant size and proposed number/density; (iv) Programme of completion and subsequent maintenance; (v) Existing and proposed services such as cables, pipelines, substations; (vi) Other artefacts and structures such as street furniture, including lighting columns and fittings, and play equipment; (vii) Details of phasing of these works.

(l) hours of operation for any proposed commercial premises

5. Notwithstanding condition 2 above, the approved landscaping scheme shall be fully implemented within six months of the completion of the development, and thereafter shall be maintained by the applicants and/or their successors to the entire satisfaction of the planning authority; maintenance shall include the replacement of plant stock which fails to survive, for whatever reason, as often as is required to ensure the establishment of the approved landscaping scheme.

6. Prior to the commencement of construction works on site:

(a) A site survey (including intrusive investigation where necessary) must be carried out to establish to the satisfaction of the Head of Planning, either that the level of risk posed to human health and the wider environment by contaminants in, on or under the

Development Management sub committee – 23 October 2013 Page 35 of 74 land is acceptable, or that remedial and/or protective measures could be undertaken to bring the risks to an acceptable level in relation to the development; and (b) Where necessary, a detailed schedule of any remedial and /or protective measures, including their programming, must be submitted to and approved in writing by the Head of Planning.

Any required remedial and/or protective measures shall be implemented in accordance with the approved schedule and documentary evidence to certify those works shall be provided to the satisfaction of the Head of Planning.

7. During the development phase the protective dust and PM10 mitigation measures shall be designed and implemented as specified in Table 21 of the AECOM, Site HSG 15, Newcraighall Air Quality Assessment, Job Number 60191354 (February 2011).

8. The total amount of net (trading) retail floor space to be developed shall be restricted to a maximum of 250 sq m. This area shall be delineated on plan as part of any further approval of matters. Thereafter no additional internal floor space or mezzanine shall be created unless authorised by a grant of planning permission.

9. Tree and scrub removal should not take place during the main bird nesting season (March-July inclusive). Where this is not the case, a qualified ecologist must assess the site for nesting bird activity prior to clearance and a scheme to protect the nesting bird interest on site be first submitted to and approved in writing by the Head of Planning.

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

11. No development shall take place on the site until a habitat management plan has been the submitted by the applicant and approved by the Planning Authority

12. That the site layout to be submitted as part of the AMC application required under condition 4 above shall include full details of the location and design of the surface water drainage scheme to be installed within the application site and shall be submitted for the approval of the Head of Planning, and for the avoidance of doubt the scheme shall comply with the Scottish Environmental Protection Agency's (SEPA) principles of Sustainable Urban Drainage Systems (SUDS).

13. At the same time as the submission of the first application for approval of matters specified in conditions details of the phasing of development should be submitted to the Planning Authority for approval.

Reasons:-

1. In order to ensure that the development proceeds in accordance with the parameters used as the basis of the assessment.

2. To ensure the site is adequately drained and to prevent pollution of watercourses.

Development Management sub committee – 23 October 2013 Page 36 of 74

3. To ensure the site is adequately drained and to prevent pollution of watercourses.

4. In order to ensure that the development proceeds in accordance with the parameters used as the basis of assessment

5. In order to ensure that the approved landscaping works are properly established on site.

6. In order to ensure that the site is suitable for redevelopment, given the nature of previous uses/processes on the site.

7. In the interests of residential amenity

8. To ensure that the vitality and viability of any existing centre is not prejudiced by the development

9. To protect nesting birds

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

11. In order to safeguard and enhance biodiversity

12. To ensure the site is adequately drained and to prevent pollution of watercourses.

13. In order to enable the Head of Planning to consider this matter in detail.

Informatives

It should be noted that:

1. a) Application for the approval of matters specified in conditions shall be made before the expiration of 3 years from the date of the grant of planning permission in principle, unless an earlier application for such approval has been refused or an appeal against such refusal has been dismissed, in which case application for the approval of all outstanding matters specified in conditions must be made within 6 months of the date of such refusal or dismissal. b) The approved development shall be commenced not later than the expiration of 3 years from the date of grant of planning permission in principle or 2 years from the final approval of matters specified in conditions, whichever is later.

2. The applicant should be aware that a new road names will be required for this development and they should be asked to discuss this with the Council’s Street Naming and Numbering Team at an early opportunity. Street naming is likely to influence the progression of traffic regulation orders.

3. The internal layout of the development to be designed in accordance with Designing Streets and Quality Audits will be required

Development Management sub committee – 23 October 2013 Page 37 of 74 4. A Stage 2 & 3 Road Safety Audit will be required

5. Swept Path Analysis to be carried out for all movements & turning manoeuvres

6. Early discussions on suitable road materials will be required at an early stage

7. Technical Approval of any structures adjacent to the road network will be required

8. All accesses must be open for use by the public in terms of the statutory definition of ‘road’ and will require to be the subject of applications for road construction consent (RCC). The Council would seek clarification of the extent of roads subject to RCC at an early stage

9. The development is in the vicinity of electricity apparatus: - The proposed development and use may interfere with the overhead transmission line, route ZD. If the proposal proceeds, it is essential to Scottish Power’s operations that statutory safety clearances are maintained and that Scottish Power have access to the apparatus. Where work is being carried out in the vicinity of an overhead line it must be in accordance with Health and Safety Guidance Note GS6 "Avoidance of Danger from Overhead Lines". - In addition to the overhead transmission lines there may be lower voltage overhead and underground apparatus within the site. It is essential to Scottish Power’s operations that access to the apparatus is maintained at all times. Also where work is being carried out in the vicinity of underground cables it must be in accordance with Health 7 Safety Guidance Note HS (G) 47 "Avoiding Danger from Underground Electricity Cables".

10. Legal Agreement

Consent shall not be issued until a suitable legal agreement has been concluded in respect of the following:

Affordable Housing - Provision of 25% of the total number of units.

Education - A financial contribution of £415,000 (half of the identified costs across both Newcraighall sites to cover the required extension to Newcraighall Primary School at £630,000 and all weather pitch at £200,000);and - The transfer of land required for the school extension.

Transport - Travel Plan - The applicant will design and procure the upgrade of the existing Toucan crossing on Newcraighall Road; - The applicant will design and procure the realignment of the kerbline at Newcraighall Road and the access to the site in order to facilitate the turning movements of buses; and, - The applicant will make a financial contribution of £65,000 in order to cover the cost of traffic calming, replacing and upgrading bus stop facilities promoting traffic regulation orders, and any other improvements considered necessary and as identified in the subsequent applications (AMC/RCC) to the Council.

Development Management sub committee – 23 October 2013 Page 38 of 74

Statutory Development Plan Provision The proposed area for housing is within the Urban Area of the local plan boundary. The former railway line next to the site is designated in the ECLP as a Local Nature Conservation Site and safeguarded for a cycle/footpath route. The eastern part of the site is designated as Green Belt.

Date registered 13 December 2010

Drawing numbers/Scheme 01,

David R. Leslie Acting Head of Planning and Building Standards

Development Management sub committee – 23 October 2013 Page 39 of 74

Links - Policies

Relevant Policies:

Relevant policies of the Edinburgh and Lothians Structure Plan

Policy HOU3 states that land shall be allocated in local plans to accommodate the following number of dwellings identified: Newbridge/Kirkliston/Ratho (1,000), Waterfront Edinburgh (1,700 min), Rest of Edinburgh Urban Area (1,100 min), Edinburgh Urban Fringe (400)

HOU4 - Policy HOU4 states that in identifying sites to meet Policy HOU3 (Strategic Housing Allocations), local plans should meet criteria a to e of the policy

Policy HOU5 states that the development of housing land should not proceed beyond the infrastructure capacity of each site until improvements are provided or committed.

Policy HOU8 presumes against new housing on greenfield sites other than to meet Policy HOU1 and HOU3 requirements.

Policy HOU10 aims to maintain a five year land supply for Edinburgh and the Lothians by supporting the development of housing land consistent with the strategy.

Policy ENV2 presumes against development in the Green Belt unless necessary for the purpose of agriculture, forestry, countryside recreation or other uses appropriate to the rural character of the area

Relevant policies of the Edinburgh City Local Plan.

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

Policy Des 2 (Co-ordinated Development) establishes a presumption against proposals which might compromise the effective development of adjacent land or the wider area.

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

Policy Des 4 (Layout Design) sets criteria for assessing layout design.

Policy Des 5 (External Spaces) sets criteria for assessing landscape design and external space elements of development.

Policy Des 6 (Sustainable Design & Construction) sets criteria for assessing the sustainable design and construction elements of development.

Policy Des 8 (Urban Edge Development) sets criteria for assessing development on sites at the Green Belt boundary.

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

Policy Env 8 (Protection of Important Remains) establishes a presumption against development that would adversely affect the site or setting of a Scheduled Ancient Monument or archaeological remains of national importance.

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

Policy Env 10 (Green Belt) identifies the types of development that will be permitted in the Green Belt.

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

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

Policy Env 16 (Species) sets out species protection requirements for new development.

Policy Env 17 (Flood Protection) sets criteria for assessing the impact of development on flood protection.

Policy Env 18 (Air, Water and Soil Quality) sets criteria for assessing the impact of development on air, water and soil quality.

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

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

Policy Hou 2 (Housing Mix) requires the provision of a mix of house types and sizes in new housing developments.

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

Policy Hou 4 (Density) sets out the factors to be taken into account in assessing density levels in new development.

Policy Hou 7 (Affordable Housing) requires 25% affordable housing provision in residential development of twelve or more units.

Policy Com1 (Community Facilities) sets requirements for the provision of community facilities associated with large scale residential development, and the protection of existing community facilities.

Policy Com2 (School Contributions) sets the requirements for school contributions associated with new housing development.

Development Management sub committee – 23 October 2013 Page 41 of 74 Policy Tra 1 (Major Travel Generating Development) supports major travel generating development in the Central Area, and sets criteria for assessing major travel generating development elsewhere.

Policy Tra 2 (Planning Conditions and Agreements) requires, where appropriate, transport related conditions and/or planning agreements for major development likely to give rise to additional journeys.

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

Policy Tra 5 (Private Cycle Parking) requires cycle parking provision in accordance with levels set out in supplementary guidance.

Policy Tra 13 (Cycle and Footpath Network) prevents development which would prevent implementation of, prejudice or obstruct the current or potential cycle and footpath network.

Policy Inf 6 (Water & Drainage) sets a presumption against development where the water supply and sewerage is inadequate.

Relevant Non-Statutory Guidelines

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

Non-statutory guidelines on 'MOVEMENT AND DEVELOPMENT' establish design criteria for road and parking layouts.

NSESBB Non-statutory guidelines Part B of 'The Edinburgh Standards for Sustainable Building' sets principles to assess the sustainability of major planning applications in Edinburgh

Non-statutory guidelines on BIODIVERSITY sets objectives for habitat creation and enhancement, lists protected species and how developments can make provision for these, and lists the sites of national and local nature conservation interest.

Non-statutory guidelines on Developer Contributions and Affordable Housing gives guidance on the situations where developers will be required to provide affordable housing and/or will be required to make financial or other contributions towards the cost of, providing new facilities for schools, transport improvements, the tram project, public realm improvements and open space.

Non-statutory guidelines on 'QUALITY OF LANDSCAPES IN DEVELOPMENT' sets detailed design principles for hard and soft landscaping, including the retention of existing features, and relates these principles to different types of development.

Development Management sub committee – 23 October 2013 Page 42 of 74 Appendix 1

Consultations

EUDP report

1 Introduction

1.1 This report relates to the Masterplan for Newcraighall North and East and the individual proposals for each site.

1.2 This is the first time that the proposal for the site has been reviewed by the Panel.

1.3 No declarations of interest were made by any Panel members in relation to this scheme.

1.4 This report should be read in conjunction with the meeting papers which provide an overview, context, concept, plans and 3D visualisations of the scheme.

1.5 Kenneth Bowes, Case Officer, gave an overview of the planning context as noted in the Planning Issues Paper supported with photographic and drawn illustrations.

1.6 This report is the view of the Panel and is not attributable to any one individual. The report does not prejudice any of the organisations who are represented at the Panel forming a differing view about the proposals at a later stage.

2 The Panel’s views on the proposals

2.1 The architects were thanked for a thorough presentation of the masterplan and individual proposals for each site.

2.2 The Panel understood the relationship to the existing land uses to the north and west but noted that the local authority boundary to the south and east was not a reason for failing to show connections in these directions. It is important for Planning as well as the design teams / applicants for each site to understand the emerging proposals from East Lothian Council for the land designated for employment use adjacent to the East Newcraighall site.

2.3 The Panel encouraged the design team to ensure that the proposals are fully integrated with the existing village and there was an opportunity to reactivate the High Street and village green as a key consideration of the masterplan. In this respect, the Panel questioned the justification given for a new “community heart” in the Newcraighall East plans.

2.4 The Panel encourages the design teams to pursue the removal of the railway bridge abutments. The Panel acknowledged the difficulties associated in their removal for example issues of ownership, cost and community opinions but strongly encouraged the design team to continue looking at options for their removal. This

Development Management sub committee – 23 October 2013 Page 43 of 74 could enhance both the integration of the sites with the existing community while increasing permeability and access to the sites.

2.5 It would be beneficial to the overall redevelopment of the village if the proposed masterplan explored the possibilities for improvements to the existing village green. There may be benefits to a reduction in its size if it can be better addressed by building frontages. There is potential for the existing green to be seen as the heart of the village.

2.6 The traffic coming through Newcraighall on Whitehill Street should be controlled to ensure that it does not detract significantly from the quality of the place. With this in mind, overt traffic calming measures are unlikely to be appropriate. Rather, it would be best to control traffic through road geometries and other more subtle measures. As well as Designing Streets, the Department for Transport’s Manual for Streets 2 is likely to provide design guidance in this regard.

2.7 The Panel identified the Primary School as a key area for community integration.

2.8 The implications for the existing village school should be fully understood and considered. This is particularly important if the existing building and facilities requires to be extended.

2.9 It is essential that affordable housing is fully integrated into and spread throughout the designed layouts for both sites. 2.10 Connections to nearby neighbourhoods are important to the success of the development. Opportunities for links to these neighbourhoods should be explored.

2.11 While there are good train facilities and the potential for good cycle connections, in comparison the village is poorly served by bus. It will be important to improve local bus access. Links to the station could be considered.

2.12 The area of land currently described as a paddock may have other potential uses which would be of greater value to the local community. Alternative uses should be explored which are complementary to the existing open space uses within the village coupled with the provision of linkages.

2.13 The Panel accepted that the pylons will remain and require careful design consideration. This was demonstrated with the design solution proposed for the north site.

2.14 The Panel noted that the proposals for the East site are less developed than the North due to different client intentions in terms of implementation. The Panel encouraged CEC to ensure that the appropriate Framework is put in place to guarantee the quality of design illustrated on the north can be replicated on the east site.

2.15 The Panel encouraged the Design Team to comply with the Edinburgh Standards of Sustainable Buildings.

In summary, the Panel commended a very viable masterplan, site analysis and potential for place making. The Panel encouraged the design teams not to be restricted by the site boundaries but to explore areas outwith which may encourage a design to integrate the existing community and reinforce a sense of place.

Development Management sub committee – 23 October 2013 Page 44 of 74 Affordable Housing comment 14/01/2011

Edinburgh accounts for around 74% of Scotland’s total affordable housing need and the Council has developed an Affordable Housing Policy in order to help address this need. The Lothian Housing Needs & Demand Assessment 2010 estimated that Edinburgh requires 36,600 new residential properties over the next 10 years. Of these, 20,000 are needed to meet market demand. A further 16,600 units are required of approved affordable housing tenures in order to meet the identified housing needs of low-to-middle income households, including 4,800 units for those between minimum wage and median income levels.

The full range of approved affordable housing tenures is listed and defined in PAN2/2010, and includes shared equity, shared ownership, affordable rented units, mid market rent and discount sale units. Edinburgh is the only Local Authority in Scotland which has approved or delivered every type of affordable housing tenure contained within the PAN.

In summary, the AHP requires the following:

• The AHP makes the provision of affordable housing a planning condition for sites over a particular size. The proportion of affordable housing required is set at 25% for all proposals of 12 units or more. • This is consistent with Policy Hou 7 Affordable Housing in the Finalised Edinburgh City Local Plan. • Services for Communities would anticipate that the location, the mix and the range of sizes of the affordable housing contribution would be reflective of the overall development as a whole. • This is in the interests of achieving mixed, sustainable communities. • Affordable housing provision, where it attracts public subsidy in the form of Housing Association Grant, should be compliant with New-build Standards for Lifetime Homes. • 10% of the affordable housing contribution should be wheelchair-accessible. • The department also aims to see the affordable housing contribution delivered at the earliest possible opportunity within any given development.

This application proposes the creation of approximately 220 private dwellings. The affordable housing policy will therefore apply, and this application will generate an AHP requirement of approximately 55 units of approved affordable housing tenures. A Section 75 Agreement will be required to secure the affordable housing contribution, and the Department requests that this is explicitly included in the Informatives section of Committee Report.

There are occasional mentions of affordable housing and developer contributions within the documentation supplied by the applicant, however these are insufficient in their current guise to satisfy the Department.

In the Planning Statement document submitted by the applicant there are two commitments expressed which are perhaps a little too cryptic and vague (respectively) to satisfy the department that the applicant is meeting the required affordable housing contribution. On p5, paragraph 3.2, there is a reference to the proposal conforming to Policy Hou7 of the Local Plan, which covers Affordable Housing. On p12 of the same document, there is a reference to it being the confirmed intention of the applicant to meet developer contributions as they are set out in the Local Plan. We would prefer a

Development Management sub committee – 23 October 2013 Page 45 of 74 firmer, more explicit commitment than the one the Planning Statement currently provides.

In the Processing Agreement document (p5) there is a column which informs applicants that affordable housing will be secured via a Section 75 Agreement and that 25% of the units are required to satisfy this. No developer response (either positive or negative) is recorded on this page, and again we would seek a firmer commitment from the applicant in this matter.

There is a welcome commitment to one qualitative aspect of affordable housing policy, found on p6 of the Newcraighall Joint Masterplan Framework document. This outlines the applicant’s commitment to ensuring that all the affordable housing provided across the 10-plot masterplanned site will be indistinguishable from the market units, and integrated throughout the development. This particular aspect of the application is warmly welcomed by the Department.

However, Services for Communities will require a clearer single statement from the applicant on their approach to meeting the affordable housing requirement in order to provide our support for the application.

At a meeting between Services for Communities and the applicant on 1 October 2010, a suggestion was made to the applicant of the type of statement that would be required in order to adequately address the approach to affordable housing policy, for a PPP application, for a larger masterplanned site, that would most likely come forward in detail on a phased basis, potentially through a series of different ownerships. This is a circumstance that the Department has addressed a number of times previously, as there are a number of large masterplanned sites in the City which have secured planning consent since the inception of the affordable housing policy. The suggestion was therefore made to the applicant that the Department would require a statement within the application that expressed a clear commitment to the following:

• That 25% of the total residential units would be of approved affordable housing tenures • Where possible, that 25% of the units in each AMC application for each phase would be of approved affordable housing tenures (in order to prevent the affordable housing being back-loaded or left till last) • Where any given AMC application contained more than 25% affordable housing (or less than 25%) then the location of the over-supply or shortfall within the wider masterplanned site would be made explicit within that AMC application

For example, if Plot 1 contains 30% affordable units (5% more than the required 25%), then the AMC application for Plot 1 would identify that the excess 5% related to Plot 2. Plot 2 would therefore require to provide only 20% affordable units in its AMC application.

There are case practice examples of this approach working successfully in practice in Edinburgh, and the Department requires this level of commitment from the applicant before we could lend our support to the application. Therefore, the Department cannot support the application in its current guise, and would ask Planning to contact the applicant in order to secure in writing from the applicant a clear statement on their approach to providing the affordable housing requirement, in line with the three bullet points underlined above.

Development Management sub committee – 23 October 2013 Page 46 of 74

Affordable Housing further comment 20/05/2011

Please find below an updated position regarding affordable housing policy contribution for this application.

Since my consultation response in January 2011, the applicant subsequently met with Planning and Services for Communities to discuss the Affordable Housing Policy requirement.

The applicant has now agreed to provide land for 25% of the residential units being proposed.

In summary, Services for Communities is supportive of this application, and the applicant has expressed that they are willing to sign a Section 75 agreement which states the following:

* 25% of the residential units in this application will be of approved affordable housing tenures. * These will ideally be located across at least two plots within the wider PPP site, or at minimum should not exceed more than 0.5ha of social rented accommodation in one plot * Should the development of this site be phased, then either the dedicated plots for affordable housing will be identified, named within the Section 75 agreement and transferred early on, or 25% of each phase will comprise approved affordable tenures. * The affordable housing will be a representative mix of house sizes and types. * This is in the interests of ensuring that a mixed, sustainable community is created within this large, prominent site. It ensures that affordable housing is well-integrated with the overall development, and not left until one particular phase of the development. * A Section 75 Agreement will be required to secure the affordable housing on the terms of the first four bullet points above. * SfC would request that the requirement for a Section 75 Agreement to secure the AHP contribution is included in the informatives section of the committee report.

Archaeology comment 10/01/2011

Further to your consultation request, I would like to make the following comments and recommendations in respect to this application in principal for development of this site for new housing, local mixed use facilities together with open space, access and services, infrastructure, landscape and footpath/cycle provision.

As desk-based assessment and monitoring of engineering test-pitting was undertaken by CFA Archaeology in 2010 on behalf of the applicant. As this report shows the application site contains a range of significant archaeological remains from the prehistoric through to modern industrial/mining activities associated with principally with the operation of the Victorian Newcraighall Klondyke Mine. Prehistoric evidence is demonstrated by the location of a ring-ditched enclosure (site 1) identified as a crop- mark form aerial photography. Given the evidence from the surrounding area other unrecorded prehistoric remains must be considered as a high probability. Also significantly, though not mentioned in this report, is the likelihood that the site occurs across the route of the rout of the Scottish Armies following the nationally significant nearby Battle of Pinkie fought just outside Musselburgh on the 10th September 1547.

Development Management sub committee – 23 October 2013 Page 47 of 74 Therefore this application must be considered under terms of the following Scottish Government policies Scottish Planning Policy (SPP), PAN42 and SHEP and also under CEC’s Edinburgh City Local Plan (2010) policies; ENV8 & ENV9. The aim should be to preserve archaeological remains in situ as a first option, but alternatively where this is not possible, archaeological excavation or an appropriate level of recording may be an acceptable alternative.

As stated above, the existing evidence indicates that the site contains significant archaeological remains principally relating to prehistoric occupation and industrial mining activities and also has the potential for containing important artefacts relating to the rout of the Scottish Armies following the 1547 Battle of Pinkie. Having read over CFA’s Desk-based assessment I agree with its general conclusion that the potential impact of developing this site is considered insufficient to justify refusal of consent on archaeological grounds. Nevertheless the site has the potential for containing significant archaeological remains. According it is essential that the site is investigated in order that any archaeological remains encountered are fully excavated and recorded where preservation in situ is not possible. In essence this will see a phased archaeological programme of works.

The initial phase must be undertaken prior to the submission of detailed plans and any mine-grouting activities and will be twofold: a comprehensive battlefield metal detecting survey to recover and examine any artefacts within the sites topsoil and secondly an archaeological evaluation up to a maximum of 10% of the site. The results of which would allow for the production of appropriate mitigation strategies (including possible design changes to allow for preservation in situ) to be drawn up to ensure the protection and/or the excavation and recording of any surviving archaeological remains during subsequent phases of development.

It is essential therefore that a condition be applied to any consent granted to secure this programme of archaeological works. A condition based upon the model condition stated in PAN 42: Planning and Archaeology, para 34 should be used, as follows;

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

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

Bridges + Flood prevention comment 28/01/2011

This application will require a Flood Risk Assessment and a Surface Water Management Plan. The documents indicate that these are under preparation. We cannot therefore make any comment until these documents are produced.

Development Management sub committee – 23 October 2013 Page 48 of 74 Bridges + Flood further comment re ‘Surface Water Management + Flood Risk Assessment’ 05/05/2011

We have received a document entitled ‘Surface Water Management & Flood Risk Assessment’ dated March 2011 and comment as follows:

1. Reference is made to a flood risk assessment which was approved with the planning application for a site upstream, ref 08/00409/OUT. That document does not appear to be available with the documents associated with that application; a copy should therefore be included with this application. 2. The proposed discharge limit for the site drainage is stated to be agreed with me as 45.72l/sec. However this rate appears to be calculated on the total site area rather than the drained area and is therefore incorrect. 3. The flood risk assessment indicates that the culvert has sufficient capacity for a 30 year event. The assessment should be for a 200 year event, with an allowance for climate change. 4. No details are given of how the culvert capacity is calculated. The hydraulic effect of the culvert downstream of the site may be significant; however no details are given of any survey of the culvert downstream. 5. The surface water overland flow assessment includes a topographic survey but nothing else. It will be necessary for a full application to show the flow path of overland flow in a 200yr event with the effect of the development shown. For this PPP application, it will be sufficient to commit to the principle that the development will not be at risk or increase the risk of flooding elsewhere at the 200yr event. 6. It is stated that the surface water culvert within the site is under riparian ownership. If that is the case, the developer will be required to comply with the Council’s policy of opening up culverts wherever possible. It will also be necessary for the developer to agree a legal agreement detailing the procedures to be followed by the owners of the land to maintain the watercourse in the future. The maintenance procedures for the watercourse downstream will also require to be adequate. 7. It had been my understanding that the culvert was maintained by Scottish Water; indeed it is shown on my records as being “public surface water” which would mean adopted as a sewer. Since I understand that this pipe was constructed by the drainage authority as sewerage for the adjacent development prior to 1996 it should be vested in the drainage authority, which is Scottish Water. I would therefore be pleased to see the justification for the confirmation that this is under riparian ownership. I must add that, if the culvert were maintained by Scottish Water, their statutory duties would make requirement 6 above unnecessary.

I would consider item 5 above could be covered by a condition requiring that a detailed surface water management plan should be produced with any detailed application.

Bridges + Flood further comment 05/05/2011

I refer to my memo of 5 May 2011. I have now received further documents and am satisfied that the correct design principles are being applied. There is no reason to object to the principle of development on this site on the ground of flood risk. It will however be necessary for further information to be submitted and approved before any detailed application is approved. I would therefore recommend that conditions be applied as follows:

1. A detailed flood risk assessment should be submitted for approval. This must show that the risk of flooding of buildings from the surface water culvert or sewer within the

Development Management sub committee – 23 October 2013 Page 49 of 74 site meets the recommended standard i.e. less than 0.5% AEP. The assessment must include, in addition to hydraulic analysis, a survey of the culvert including downstream of the site, an assessment of any defects, and clarification of the ownership and maintenance responsibilities for the culvert present and future. 2. A detailed surface water management plan must be submitted. This must include drawings and calculations showing treatment and attenuation of surface water drainage, flow paths and attenuation of surface water overland flow, ground and floor levels, adoption and maintenance procedures. Where the site is to be divided all planning applications must show conformity with this plan.

Children and Families 10/01/2011

I refer to your memo dated 13 December and 16 December, 2010 requesting comments on educational provision for the above noted planning application. In previous discussions the impact and requirements of the both developments have been jointly considered and my response it based on this approach.

School Catchment Areas of the Development Sites Both sites are located within the catchment areas of; * Newcraighall Primary School, * St Francis RC Primary School, * Castlebrae High School and * Holy Rood RC High School.

A new St Francis RC Primary School has been built as part of a shared campus with Niddrie Mill Primary School and there is sufficient capacity for the proposed development. There is also surplus capacity at Castlebrae High School.

Holy Rood RC High School has recently opened on an adjacent site with an increased capacity (1,200). The additional capacity is aimed at catering for new development within the catchment and standard denominational developer contributions are normally sought towards helping covering the cost of this extra provision. However, given the funding and land requirements for Newcraighall Primary School this requirement has been waived in this instance.

Newcraighall Primary School The policy guidance on developer contributions advises that where large scale developments warrant a more substantial extension then contributions may be sought to cover cost of works. In such cases a feasibility study may be undertaken to assess how best to extend the school and to provide an estimate of the cost of works. In this instance a desk top study has been undertaken to assess potential requirements and costs of works.

Newcraighall Primary School is 6 class organisation with a notional capacity of 145 pupils. Part of this capacity comprises a temporary unit (TU) which provides two classes. There is a small nursery within the school.

The August 2009 start of session roll for Newcraighall PS was 124, and with 21 spare places the school is operating at 86% capacity. The school attracts a significant number of non-catchment pupils and over half are drawn from outside the catchment and from outside the catchment area. However some pupils attend other catchments schools. Taking account of expected increases pupil numbers arsing from increased

Development Management sub committee – 23 October 2013 Page 50 of 74 births in the city, a base catchment of 90 pupils has been used on which to determine future needs of the school rather than the roll of 124 pupils.

A development of 420 dwellings is expected to generate between 80-100 pupils, and this will require the provision of a 7 class organisation with a capacity of 199 pupils. A 7 class organisation also requires the provision of a second general purpose (GP) room. In terms of floorspace, the requirement is for an additional two rooms (60 square metres each) and associated extra circulation space plus provision of furniture and fittings. There may be a requirement for further office space (15 square metres) to cater for a new Deputy Head (required if the roll rises above 190) and to provide some extra toilets to meet statutory requirements.

School Site Area The statutory requirements specify that a 7 class primary school with a nursery should occupy a minimum site of nearly 1.0 hectare whereas the current site area is approximately 0.4 hectares. To help address this shortfall it is proposed that part of the development site adjoining the school is given over to school use and that provision is made for all weather pitch.

A grassed area is sought to the south-east of the school (approx 0.1 hectares), on land that is bounded by the school and the former miners club and provision of a maximum of 0.1 hectares of hardstanding is sought to the south of the school. Part of the existing hardstanding would be lost to accommodate the school extension. The preference is to provide an all weather facility at Newcraighall Park, that already has changing facilities and which could serve wider community use. This would reduce the required land take at Newcraighall to approx 0.2 hectares. A footpath link would be sought from the school to the park should off-site provision be made.

Indicative Costs – Extension to Newcraighall Primary School Two classes, circulation space and link to existing school £550,000 Works to extend school site - grassed area /tarmac and fencing £80,000 Provision of all weather pitch at Newcraighall Park £200,000 Total Estimated Cost of Works ` £830,000

Provision of extra 0.2 hectares of land (estimated land value)

The Coal Authority comment 21/12/2010

I have reviewed the proposals and confirm that the application site falls within the defined coalfield area. The Coal Authority’s records indicate that within the application site and surrounding area there are coal mining features and hazards which need to be considered in relation to the determination of this planning application. These include former coal mine workings at shallow depth and a number of mine entries.

The applicant has obtained appropriate and up-to-date coal mining information for the proposed development site, and has used this information to inform the Geo- Environmental Interpretive Report which accompanies this planning application.

The Coal Authority has the following comments to make on the Geo-Environmental Interpretive Report:

Development Management sub committee – 23 October 2013 Page 51 of 74 The Geo-Environmental Interpretive Report correctly identifies that the application site has been subject to past coal mining activity. Sections 8.7, 10.1.5 and 10.3 of the Geo- Environmental Report therefore conclude that additional site investigation works will be mining legacy issues affecting the application site.

The Coal Authority Recommendation to the LPA

The LPA should consider imposing a Planning Condition, should planning permission be granted for the proposed development, to ensure that the additional investigative and treatment works set out within sections 8.7, 10.1.5 and 10.3 of the Geo- Environmental Interpretive Report are undertaken on site prior to commencement of development.

General Information for the Applicant

Where development is proposed over areas of coal and past coal workings at shallow depth, The Coal Authority is of the opinion that applicants should consider wherever possible removing the remnant shallow coal. This will enable the land to be stabilised and treated by a more sustainable method; rather than by attempting to grout fill any voids and consequently unnecessarily sterilising the nation’s asset.

Under the Coal Industry Act 1994 any intrusive activities, including any further site investigation boreholes, and/or any subsequent treatment of coal mine workings/coal mine entries for ground stability purposes require the prior written permission of The Coal Authority, since such activities can have serious public health and safety implications.

Application forms for Coal Authority permission and further guidance can be obtained from The Coal Authority’s website at: www.coal.gov.uk/services/permissions/index.cfm.

The Coal Authority further comment 16/09/2010

Thank you for your letter notifying The Coal Authority of the reconsultation on the above planning application owing to the changed planning status of the site. The Coal Authority does not wish to make any additional observations at this stage, but the comments in our original consultation response of 21 December 2010 stand.

Craigmillar Community Council comment 30/01/2011

Craigmillar Community Council wish to lodge the following comments/objections to planning application; 10/03449/PPP which is within our boundary and to raise the same concerns regarding 10/05306/PPP which lies in the adjacent Portobello CC area.

• A more extensive traffic impact study is required in light of the size of this proposal, the regeneration in Craigmillar, the Bio quarter, Queen Margaret University, and other projects planned in East Lothian.

• The intention to have access to both sites from single roads within the village would increase the traffic unnecessarily if each site had an entrance and exit at the outskirts of the village this would reduce the though traffic.

Development Management sub committee – 23 October 2013 Page 52 of 74 • The area is liable to flooding and any building would reduce already bad drainage.

• The area is riddled with unmapped mine workings and while new buildings can be built on concrete rafts the changes to surface drainage and stress caused by new buildings could cause mine workings to collapse and possibly damage existing buildings.

• The infrastructure of the village is not capable of providing for a doubling of population and would need upgrading.

• This same doubling would ruin what is a historical miner’s village.

Craigmillar Community Council further comment 17/09/2011

Craigmillar Community Council wishes to restate their objections to the following planning applications 10/03449/PPP & 10/03506PPP. Furthermore in light of the court judgement clarifying the status of this land we question whether any building should be permitted at all. The improvements to traffic flow proposed by the Head of Transport and the following increase in the amount of traffic, by rat runners, would not only cause problems in Newcraighall Village but have an adverse effect on the whole of Craigmillar, adding to the problems already on Niddrie Mains Road. There are also extensive brown belt sites in the area, many with planning permission already in place. Building on land that could very well be re-designated green-belt makes no environmental sense, this is being done in the name of profit and nothing else.

Culture + Sport comment 20/12/2010

Culture & Sport support the proposal for a third generation synthetic pitch to be installed at Newcraighall Park as part of the Section 75 developers contributions towards improving sport and recreation facilities for the school and community. Culture & Sport must be involved in the planning of any synthetic pitch (or other investment in the sporting facilities) at Newcraighall Park.

East Lothian Council comment 04/02/2011

The comments provided below are largely in relation to the application Newcraighall East (Ref 10/03506/PPP), given its location adjacent to the East Lothian boundary. However where indicated some comments do relate to Newcraighall North (10/03449/PPP).

Bus Route

As required by the Edinburgh City Local Plan the masterplan reserves a bus route to connect through to Queen Margaret University. The possible alignment of the bus route shown on the masterplan runs alongside the route of the power lines which form the northern boundary of Craighall East housing site.

As you will be aware the East Lothian Local Plan requires any developer of the adjoining Craighall Business Park proposal site in East Lothian to also reserve land sufficient to enable future access to Queen Margaret University by the provision of a bus link. The possible alignment of this public transport safeguard in the draft Development Framework for Craighall Business Park does not conflict with the possible

Development Management sub committee – 23 October 2013 Page 53 of 74 route illustrated in the Newcraighall East masterplan. East Lothian Council therefore raises no objection to the possible alignment of the bus route shown in the masterplan.

East Lothian Council recommends that a condition be placed on any planning permission for Newcraighall East that commits the applicant to reserving land within the site for a bus route and ensuring that is appropriately designed to accommodate bus services.

At the time any application for matters specified in condition is submitted, East Lothian Council must also be consulted on the proposed alignment of the bus route reservation.

Proposed Footpath/Cycle Network Improvements

The Edinburgh City Local Plan requires that proposals for Newcraighall East should make provision for footpath/cycle network improvements. The masterplan indicates that there is the potential for removal of the railway abutment, bridge and embankment that crosses Newcraighall Road, stating this will improve connectivity and ease of pedestrian movement along Whitehill Street/Newcraighall Road. It also suggests possible re-routing of National Cycle Network 1 (NCN1) through Newcraighall East thus reducing the length of the existing on-road section and connecting to East Lothian. The possible alignment of this re-routing is shown to be parallel with the proposed bus route. The Planning Statement accompanying the planning application states that this alignment fits with emerging proposals advanced by East Lothian Council. This however is not the case; whilst East Lothian Council does have a different preference for this route there are no current proposals on the East Lothian side of the boundary for re-routing NCN1.

It is East Lothian Council’s view that there is little merit in the possible alignment shown in the masterplan, as until such time as the business park on the adjoining East Lothian site is developed the ‘missing link’ between Newcraighall East, Musselburgh Station and Queen Margaret University would be unable to be realised. An alternative route for NCN1 should therefore be provided. The proposed footpath shown on the masterplan that links to the footpath running along the northern boundary of Newcraighall Public Park could be used to provide a link to the existing NCN1 at the entrance of the park. East Lothian Council would find this solution acceptable in the short term rather than the existing proposed alignment shown on the masterplan.

East Lothian Council’s preference and longer term aspiration is for NCN1 to be re- routed by means of a pedestrian/cycle bridge over Newcraighall Road, as safeguarded in the Edinburgh City Local Plan, and then to follow the route of the former railway embankment which leads to Musselburgh Station. This would considerably reduce the on-road route section and provide a direct link to Musselburgh Station from both Newcraighall development sites. The draft Development Framework for Craighall Business Park supports and illustrates this re-routing option.

In order to facilitate the applicant’s proposals to possibly remove the existing bridge deck and abutments and not to prejudice East Lothian Council’s preference or the cycleway/footpath safeguard illustrated in the Edinburgh City Local Plan, it is suggested that the other set of disused abutments to the east, close to the bridge deck proposed for removal, could be used to carry a new lightweight bridge for pedestrians and cyclists. This would also provide a better link to the existing NCN1 on the north side of Newcraighall Road. Minor changes to the masterplan for Craighall North might be required to allow NCN1 to align with the eastern abutments. East Lothian Council

Development Management sub committee – 23 October 2013 Page 54 of 74 would accept the applicant’s proposals for removal of the northern bridge deck and abutments if Edinburgh Council is supportive of East Lothian’s longer term aspiration of pursuing an alternative bridge crossing using the eastern abutments.

In addition East Lothian Council would expect the layout of Newcraighall East to allow for future pedestrian/cycle links to be provided between the housing and the open space to the east to allow direct access between the housing site and the potentially re- routed NCN1 along the former railway embankment. As with the bus route reservation East Lothian Council recommends that a condition to be placed on any planning permission for Newcraighall East that commits the applicant to providing footpath/cycle network improvements. At the time any application for matters specified in condition is submitted East Lothian Council should be consulted on the proposed alignment of footpath/cycle network improvements.

Tram Line 3 Reservation

I note that the masterplan illustrates a route of the tram reservation in East Lothian running parallel to the City of Edinburgh boundary. Whilst it is a requirement of the Edinburgh and Lothians Structure Plan and the East Lothian Local Plan to safeguard land for tram line 3 to serve Queen Margaret University, Musselburgh station and Musselburgh town centre a suitable route has still to be identified. The identification of the tram route as indicated on the masterplan is therefore premature.

Open Space/Landscaping

East Lothian Council supports the proposal for a landscape buffer incorporating boulevard tree planting along the southern edge of the site. Provided this landscape buffer is of an appropriate width and planted with suitable species it would provide appropriate screening between the housing site and the proposed Craighall Business Park in East Lothian. The draft Development Framework for Craighall Business Park requires a wide landscape buffer that retains the existing trees and is supplemented by new tree and shrub planting to be provided along the western boundary of the proposal site adjacent to the housing site.

East Lothian Council recommends that a condition be placed on any planning permission for Newcraighall East to require a detailed scheme of landscaping to be submitted as part of any matters specified in condition application. For the southern boundary the landscaping scheme would be expected to provide details of tree and shrub sizes, species, habitat, siting, planting distances and a programme of planting and to include indications of all existing trees and hedgerows on the land, details of any to be retained, and measures for their protection in the course of development. East Lothian Council should be consulted on any detailed landscaping plan submitted.

Built Form

The masterplan shows that the orientation of the principal elevation of the block of houses that occupy the southern portion is towards East Lothian. This is satisfactory provided that the landscape buffer and boulevard planting proposals provide a suitable robust edge. Again, East Lothian Council should to be consulted on any matters specified in condition application which provides details of the proposed house types, heights, finishing materials etc.

Development Management sub committee – 23 October 2013 Page 55 of 74

East Lothian Council further comment 20/09/2011

We can advise that East Lothian Council do not wish to make any further comment on the above applications.

Environmental Assessment comment 01/04/2011

The application proposes new residential and commercial properties on an area of undeveloped land. The development site is between Newcraighall Road (A6095) to the north and the A1 to the south with railway lines located to the west and east. The site is bounded by old railway embankments and residential properties to the north and east. Further residential properties are situated to the north-west adjacent to other commercial units and a primary school. Agricultural land and Queen Margaret University are situated approximately 300 metres to the south.

Contaminated Land

This Department has assessed the following site investigation report submitted for consideration in terms of potential development constraints associated with land contamination and hazardous ground gas:

Geo-Environmental Interpretative Report: Newcraighall Residential Development: Quattro Consult; November 2010

Further to this assessment, initial concerns are raised with regard to potential risks arising from migration of mine and landfill gas, and possible pollution of groundwater from contaminants in, on, or under the land. This Department plans to open discussions with the developer as soon as possible to resolve any issues identified in relation to information contained in the aforementioned report, with particular regard to the development and execution of a further gas monitoring programme on the site to enable an assessment of risks to be made to the required level of confidence. Therefore, should consent be granted for the development proposal, this Department will recommend a condition to ensure that further information is provided which shows that the site has been made suitable for its end use.

Air Quality

An air quality assessment has been undertaken by the applicant in order to assess the potential impacts of the proposed residential development in Newcraighall on local air quality. The proposed development is located on a site referred to as HSG 15, which is located to the south of Newcraighall Road and is planned to consist of approximately 220 residential properties.

The applicant has assessed road traffic pollutants including the potential contribution of emissions from an existing biomass boiler located at Queen Margaret University, East Lothian.

Cumulative impacts have been considered by predicting the impact on pollutant concentrations of increased road traffic associated with the proposed development together with additional road traffic likely to be generated by another nearby development site (HSG 14). A construction phase dust assessment has been undertaken.

Development Management sub committee – 23 October 2013 Page 56 of 74

Environmental Assessment can confirm that the assessment has been carried out using relevant data and in accordance with the appropriate guidance. The likely cumulative impact of NO2 and PM10 on the proposed site and surrounding area has been considered negligible. The impact the biomass plant will have on the site has been modelled and deemed imperceptible.

During the construction phase of the development it has been identified that dust and PM10 may impact on neighbouring sensitive receptors during construction. The applicant has included a number of mitigation measures for this phase to control dust and PM10 emissions, details of these measures can be found in Table 21 of the Air Quality Impact Assessment. A condition will be recommended by this Department which includes measures to protect local amenity within sensitive receptors during the construction phase.

Noise

The masterplan for the site advises that a number of commercial premises may be included within the application site. The uses may include Class 10 and Class 11 premises. Some uses within Class 10 and Class 11 are not compatible within a predominantly residential area. Such premises require to be adequately conditioned and appropriately sited to be able to operate within a residential area without impacting upon residential amenity. Such premises may also require a noise impact assessment recommending measures designed to protect localised residential amenity. Therefore, this Department will only support non specified Class 10 and Class 11 premises within this application if the applicant provides information at the Approval of Matters Specified in Conditions (AMC) stage which proves that localised amenity will be protected. In this regard, the siting of such premises is recommended to be reserved for further details to be provided at the AMC stage. This Department also recommends that a noise impact assessment be provided in support of any Class 10 and Class 11 premises to demonstrate that residential amenity will be protected. The application site is adjacent to pylons with overhead electric cables. This Department would expect any noise associated with the overhead cabling to comply with NR20 within the residential properties with a window open for ventilation purposes. This issue will require to be considered within the layout of any future detailed development and thus should be considered at the AMC stage. This Department will recommend a condition to that effect.

The proposed site is adjacent to existing commercial premises situated to the north of the site. The premises have deliveries, plant, equipment and an incinerator with chimney at low level which can all impact upon the amenity of the proposed residential properties by way of noise and fumes. The siting and height of the new proposed residential properties will require to be taken into consideration at the AMC stage to ensure that proposed development is not affected by noise or fumes emanating from the surrounding commercial premises.

Therefore, Environmental Assessment has no objections to this proposed development subject to the following conditions:

Site in General

Development Management sub committee – 23 October 2013 Page 57 of 74 Contaminated Land

1. Prior to the commencement of construction works on site:

(a) A site survey ( including intrusive investigation where necessary) must be carried out to establish to the satisfaction of the Head of Planning , either that the level of risk posed to human health and the wider environment by contaminants in, on or under the land is acceptable, or that remedial and/or protective measures could be undertaken to bring the risks to an acceptable level in relation to the development; and (b) Where necessary, a detailed schedule of any remedial and /or protective measures, including their programming, must be submitted to and approved in writing by the Head of Planning.

Any required remedial and/or protective measures shall be implemented in accordance with the approved schedule and documentary evidence to certify those works shall be provided to the satisfaction of the Head of Planning.

Air Quality

During the development phase the protective dust and PM10 mitigation measures shall be designed and implemented as specified in Table 21 of the AECOM, Site HSG 15, Newcraighall – Air Quality Assessment, Job Number 60191354 (February 2011).

Retail (Class 1)

All music and vocals, amplified or otherwise, shall be so controlled as to be inaudible within any neighbouring premises.

The design, installation and operation of any plant, machinery or equipment shall be such that any associated noise complies with NR25 when measured within any nearby living apartment, and no structure borne vibration is perceptible within any nearby living apartment.

The sound insulation properties or sound transmission characteristics of the structures and finishes shall be such that no impact or airborne noise from the normal operations within the application premises is audible in any neighbouring living apartment.

Hours of operation will require to be agreed at the Approval of Matters in Conditions (AMC) stage.

Deliveries and collections, including waste collections, to be restricted to 0700 – 1900 hours Monday to Saturday. Office (Class 2)

The design, installation and operation of any plant, machinery or equipment shall be such that any associated noise complies with NR25 when measured within any nearby living apartment, and no structure borne vibration is perceptible within any nearby living apartment.

Business Units (Class 4)

Development Management sub committee – 23 October 2013 Page 58 of 74 The design, installation and operation of any plant, machinery or equipment shall be such that any associated noise complies with NR25 when measured within any nearby living apartment, and no structure borne vibration is perceptible within any nearby living apartment.

All music and vocals, amplified or otherwise, shall be so controlled as to be inaudible within any neighbouring premises.

Deliveries and collections, including waste collections, to be restricted to 0700 – 1900 hours Monday to Saturday.

No permitted change to use class 6 will be allowed.

The sound insulation properties or sound transmission characteristics of the structures and finishes shall be such that no impact or airborne noise from the normal operations within the application premises is audible in any neighbouring living apartment.

Class 9 Residential

No development shall take place until a scheme for protecting all bedrooms and living rooms of the residential development against road and rail traffic noise has been submitted and approved by the Council as Planning Authority. The scheme will be designed in accordance with BS8233:1999 'Sound Insulation and Noise Reduction for Buildings - Code of Practice' to attain the following internal noise levels:

Bedrooms - 30dB LAeq, T and 45dB LAfmax Living Rooms - 30 dB LAeq, D

T - Night-time 8 hours between 2300 - 0700 D - Daytime 16 hours between 0700 - 2300

The agreed scheme must be implemented in full, prior to the use being taken up.

The development shall be designed and constructed so that any noise associated with the overhead electrical power cables complies with NR20 when measured within any nearby living apartment with the windows open for adequate ventilation.

Community Facilities (Class 10)

All music and vocals, amplified or otherwise, shall be so controlled as to be inaudible within any neighbouring premises.

The sound insulation properties or sound transmission characteristics of the structures and finishes shall be such that no impact or airborne noise from the normal operations within the application premises is audible in any neighbouring living apartment.

The design, installation and operation of any plant, machinery or equipment shall be such that any associated noise complies with NR25 when measured within any nearby living apartment, and no structure borne vibration is perceptible within any nearby living apartment.

(i) The kitchen shall be ventilated by a system capable of achieving 30 air changes per hour, and the cooking effluvia shall be ducted a suitable exhaust point as agreed with

Development Management sub committee – 23 October 2013 Page 59 of 74 the Planning Authority to ensure that no cooking odours escape or are exhausted into any neighbouring premises. (ii) The ventilation system shall be installed, tested and operational prior to the use hereby approved being taken up.

Deliveries and collections, including waste collections, to be restricted to 0700 – 1900 hours Monday to Saturday.

The siting of the premises should be reserved and agreed at the approval of matters in conditions application stage.

Prior to occupation of the Class 10 premises, the Head of Planning shall be provided with a written statement detailing the proposed use and the potential of that use to cause noise disturbance to occupiers of nearby residential properties. The Head of Planning shall then identify in writing whether a full noise impact assessment will be required to ensure nearby residential amenity is protected. Any noise assessment should, if required, specify mitigation measures designed to protect the nearby residential amenity and the unit must not be occupied prior to any proposed mitigation measures being implemented.

Hours of operation of the premises will require to be agreed at the Approval of Matters in Conditions (AMC) stage.

Assembly and Leisure (Class 11)

All music and vocals, amplified or otherwise, shall be so controlled as to be inaudible within any neighbouring premises.

(i) The kitchen shall be ventilated by a system capable of achieving 30 air changes per hour, and the cooking effluvia shall be ducted a suitable exhaust point as agreed with the Planning Authority to ensure that no cooking odours escape or are exhausted into any neighbouring premises. (ii) The ventilation system shall be installed, tested and operational prior to the use hereby approved being taken up.

Hours of operation will require to be agreed at the Approval of Matters in Conditions (AMC) stage.

The hours of operation of any external seating area will require to be agreed at the Approval of Matters in Conditions (AMC) stage.

Hours of operation of the premises will require to be agreed at the Approval of Matters in Conditions (AMC) stage.

The siting of the premises should be reserved and agreed at the approval of matters in conditions application stage.

The sound insulation properties or sound transmission characteristics of the structures and finishes shall be such that no impact or airborne noise from the normal operations within the application premises is audible in any neighbouring living apartment.

Deliveries and collections, including waste collections, to be restricted to 0700 – 1900 hours Monday to Saturday.

Development Management sub committee – 23 October 2013 Page 60 of 74 The design, installation and operation of any plant, machinery or equipment shall be such that any associated noise complies with NR25 when measured within any nearby living apartment, and no structure borne vibration is perceptible within any nearby living apartment.

Prior to occupation of the Class 11 premises, the Head of Planning shall be provided with a written statement detailing the proposed use and the potential of that use to cause noise disturbance to occupiers of nearby residential properties. The Head of Planning shall then identify in writing whether a full noise impact assessment will be required to ensure nearby residential amenity is protected. Any noise assessment should, if required, specify mitigation measures designed to protect the nearby residential amenity and the unit must not be occupied prior to any proposed mitigation measures being implemented.

Portobello Community Council comment 04/02/2011

The nature of the application, its impact upon the wider area, the assumptions made and data used in the Transport Assessment Report cause us considerable concern and we therefore object to the development. Our objections are followed by comments on the application.

Objections (relevant section of Savell Bird & Axon Transport Assessment Report quoted first)

6.2 Traffic surveys were undertaken at the following junctions between 07:30 – 10:30 and between on 16:00 – 19:00 on Wednesday 16th June:

6.3 Analysis of the survey data identified the following peak hours to be considered within the assessment: • Weekday AM – (09:00-10:00)’

This last assertion – based on analysis of the survey data - that peak traffic occurs between 9am and 10 in the morning, underpins the data put forward in other parts of the report. But surely peak traffic occurs at an earlier hour, somewhere between 7.45 and 8.45am? Certainly the school run at the local Primary School is over by 9am, the school bell having rung at 8:55am. What conclusion should we draw from this; that the survey results were based on insufficient data?

The fact that the survey was conducted on a single day – on the face of it, an inadequate sample - would seem to suggest so.

6.8 It was agreed with officers of CEC that no traffic growth would be applied to the observed traffic flows

This statement seems at odds with two other factors:

1. The imminent increase in retail floorspace at Fort Kinnaird (ref. Gibraltar Developments proposals to be tabled at public exhibition on 11th Jan) and the undoubted increase in shopper numbers and therefore traffic volumes that will inevitably lead to traffic growth through Newcraighall village?

2. The housing development proposed to the South side of Newcraighall Road – approximately 200 new houses – will no doubt result in traffic growth?

Development Management sub committee – 23 October 2013 Page 61 of 74 If, as I hope I have demonstrated above, the survey data, assertions and assumptions agreed with CEC are shown to be either inadequate or inaccurate, then I would recommend that:

1. The Traffic Impact Assessment in section 7 of the report be disregarded and a full and accurate Traffic Survey carried out at the earliest convenience.

2. Other statements/claims in the main report that are based on the TIA (‘3.17...the proposals will not have a detrimental effect on the capacity of the local road network’) be disregarded and compliance with the local and national policies outlined in section 3 of the report, be called into question.

The residents of Newcraighall village – especially those on the main through road - who will have to live with the consequences of increased traffic growth, deserve better.

Comments regarding overall proposals

Residents of Newcraighall have expressed concerns regarding the access road proposed to pass between cottages on Whitehill Road – the reason for the gap is because two cottages were demolished due to subsidence caused by unstable ground below.

The development site is directly over disused mine workings. Concerns have been expressed that building houses on this land will lead to a situation similar to that experience by residents of Gilmerton in 2000 – the subsidence of many houses due to disused underground limestone workings

Many people continue to express concern over the use of green belt land for development. While the two sites were, in terms of the latest CoEC Local Plan, ‘legitimately’ removed from the Green Belt, it is believed by many people that other options could have been pursued; development of existing brownfield sites; development of sites which would have a lesser impact on the existing infrastructure and residents.

Comments on Traffic Report (relevant section of Savell Bird & Axon Transport Assessment Report quoted first)

'3.4 The development proposals contain [...] measures to improve pedestrian / cycle linkages through the site...’

3.17 The development location and proposals are compliant with the national and local policies outlined above in that:

- The location of development will allow improvements to the existing pedestrian/cycle facilities improving access for the wider community as required by the Edinburgh City Local Plan allocation;

It is not clear from this statement and the supporting documents what part the developer will play in improving cycle linkages;

1. Figure 3 shows NCR1 in its existing form – heading north from QMUC onto Newcraighall Road, then heading east until it doubles back and heads NW along the northern boundary of the development site.

Development Management sub committee – 23 October 2013 Page 62 of 74 a. Is a dedicated cycle lane to be marked on the pavement to the north side of Newcraighall Road (the plan drawing does not make this clear)? If not, we will have status quo - NCR1 sharing Newcraighall Road - i.e; zero developer contribution. b. The proposed realignment of the cycle route – where it leaves Newcraighall Road to the east of the development site and shares the access road proposed for HSG14 – does not seem to be an ‘improvement’, rather it will bring increased hazards; having to cross the main access road into the new development to ascend the steep hill that will result from bringing the existing cycleway (currently some 30 to 40 feet above the ground surface of the field) down to a level with the new road.

5.8 The site will be developed with a high level of pedestrian permeability ensuring safe, convenient and direct pedestrian links are provided between the site and the existing pedestrian network and bus stops. A number of measures are proposed to enhance the pedestrian / cycle connectivity in the local area as follows:

The report then states;

• A potential new pedestrian / cycle crossing on Newcraighall Road to be delivered in combination with the developers of HSG 14 linking to Core Path CEC5 and National Cycle Route NCR 1 within the HSG 14 site;

• A new signalised Pedestrian crossing in the vicinity of Newcraighall Primary School providing a safe route to school for residents of Gilbertstoun and the future residents of HSG 14; and

• Amendments to the existing traffic calming and bus stops locations in combination with a scheme of public realm improvements with the aim of increasing pedestrian permeability whilst emphasising the ‘village’ nature of this road.

These proposals include works to the main road infrastructure which may be out with the scope and/or budget of the developers – something they themselves have admitted in the past. I am concerned that these proposals may be shelved during the inevitable rounds of ‘value engineering’.

The inclusion of a residential ‘Travel Pack’ is to be welcomed.

Portobello Community Council further comment 30/09/2011

I am writing on behalf of the Portobello Community Council (PCC) one of the statutory consultees in relation to the above noted planning application. My purpose in writing to you is to lodge an objection on behalf of the PCC on the basis that the proposals are:

1. out of keeping of the local area – if approved the size of Newcraighall Village will double; 2. detrimental to traffic flow in and around the area, posing a real danger to existing residents, schoolchildren and the elderly. 3. at odds with current economic climate, there are a number of more appropriate brownfield sites available for development. 4. encouraging the loss of a clear boundary to distinguish the City of Edinburgh from East Lothian and

Development Management sub committee – 23 October 2013 Page 63 of 74 5. detrimental to the amenity of existing residents and visitors to the area.

In addition to these five specific concerns, there a number of wider issues, which we believe are material to the proposals for this site.

These are: * The Edinburgh City Local Plan no longer contains a presumption that 400 homes should be built on the earmarked sites at Newcraighall * The proposals are at odds with the Lothian Structure Plan to 2015, specifically o Para 3.2: Where the strategy is to continue to restrain outward growth of the city o Para 3.3 Which gives priority to re use of brownfield land and o Para 3.3: Recommends locating new development where it is easily accessible by foot cycle and public transport o The Edinburgh City Local Plan at:P60 para 6.6 concludes: The Structure Plan recognises that the allocation on Edinburgh’s urban fringe will result in the development of greenfield, and if necessary Green Belt sites, however..... * Such .....sites are to be identified which support sustainable transport objectives and offer a good level of access by public transport. Where Green Belt sites are necessary, sites are to be chosen which have the least impact on Green Belt objectives and where new long-term and defensible Green Belt boundaries can be established. This does not appear to be the case with the proposals for Newcraighall o Newcraighall is not listed as development site and therefore contrary to Housing Policy, specifically Policy HOU1. In addition to the concerns noted above, we have established that if the development were to proceed, it would be at odds with Schedule 3.1 Edinburgh Urban Fringe Plan and that it would also fail to meet the Council’s own Green Belt Policy, specifically the ENV 2: Green Belt policy document. Clearly as the proposals for Newcraighall fail to conform to these requirements, and as such they should be refused and that we would ask the Committee to reject this application.

Scottish Power comment 17/02/2011

I refer to the notification relative to the above planning application, which I have received as a result of Scottish Power transmission apparatus traversing the site.

On behalf of Scottish Power I wish to draw the applicant's attention to the presence of electricity apparatus as follows:

• The proposed development and use may interfere with the overhead transmission line, route ZD. If the proposal proceeds, it is essential to Scottish Power’s operations that statutory safety clearances are maintained and that Scottish Power have access to the apparatus. Where work is being carried out in the vicinity of an overhead line it must be in accordance with Health and Safety Guidance Note GS6 'Avoidance of Danger from Overhead Lines'.

• In addition to the overhead transmission lines there may be lower voltage overhead and underground apparatus within the site. It is essential to Scottish Power’s operations that access to the apparatus is maintained at all times. Also where work is being carried out in the vicinity of underground cables it must be in accordance with Health 7 Safety Guidance Note HS (G) 47 'Avoiding Danger from Underground Electricity Cables'.

Development Management sub committee – 23 October 2013 Page 64 of 74 Please note that once the developer has made an approach to Scottish Power it is hoped satisfactory arrangements to protect Scottish Power’s operational apparatus will be achieved voluntarily. Accordingly I shall be obliged if you will consider this as a holding objection and pass this information to the applicant as a condition should the development be approved. In addition the line is held under a Deed of Servitude which provides a legal restriction of no buildings or other erections within a certain distance of the conductors or tower laterally.

Scottish Rights of Way + Access Society comment 28/09/2011

The National Catalogue of Rights of Way shows asserted right of way LC1 is affected by planning application 10103449/PPP. I have enclosed a map with the right of way highlighted in pink. As there is no definitive record of rights of way in Scotland, there may be other routes that meet the criteria but have not been recorded as they have not yet come to our notice.

The applicant's Design Proposal states that "the existing Right of Way (LC1) which runs across the site and to the rear of Whitehill Street will be relocated to follow the principal street". As the proposed new line of asserted right of way LC1 does not appear to be significantly longer, we have no objection to its realignment. The Society requests that once the new line is finalised we receive notification, and that we are kept informed as to the timescale of works affecting the right of way.

The Society asks that asserted right of way LC1 remains open and clear of obstruction during and after the proposed redevelopment of the site, on either its existing line or on its realignment. We request further detail on how public access is to be managed alongside site traffic.

You will no doubt be aware there may now be general access rights over any property under the terms of the Land Reform (Scotland) Act 2003. It is also worth bearing in mind the Core Paths Plans, prepared by the City of Edinburgh Council's own Access Team as part of their duties under this Act.

Neither the Society nor its individual officers carries professional indemnity insurance and in these circumstances any advice that we give, while given in good faith, is always given without recourse.

Scottish Water comment 17/12/2010

Scottish Water has no objection to this planning application. However we are unable to reserve capacity at our water and wastewater treatment works in advance of formal agreement made with us works in advance of formal agreement made with us. In view of this, the information provided in this letter will need to be reviewed if this proposal progresses to full planning approval.

Alnwickhill Water Treatment Works currently has capacity to service this proposed development.

Water Network - Our initial investigations have highlighted there may be a requirement for the Developer to carry out works on the local network to ensure there is no loss of service to existing customers. The Developer should discuss the implications directly with Scottish Water.

Development Management sub committee – 23 October 2013 Page 65 of 74 Edinburgh Waste Water Treatment Works currently has capacity to service this proposed development.

Wastewater Network - Our initial investigations have highlighted there may be a requirement for the Developer to carry out works on the local network to ensure there is no loss of service to existing customers. The Developer should discuss the implications directly with Scottish Water.

In some circumstances it may be necessary for the Developer to fund works on existing infrastructure to enable their development to connect. Should we become aware of any issues such as flooding, low pressure, etc the Developer will require to fund works to mitigate the effect of the development on existing customers. Scottish Water can make a contribution to these costs through Reasonable Cost funding rules.

A totally separate drainage system will be required with the surface water discharging to a suitable outlet. Scottish Water requires a sustainable urban drainage system (SUDS) as detailed in Sewers for Scotland 2 if the system is to be considered for adoption.

Scottish Water’s current minimum level of service for water pressure is 1.0 bar or 10m head at the customer’s boundary internal outlet. Any property which cannot be adequately serviced from the available pressure may require private pumping arrangements installed, subject to compliance with the current water byelaws. If the developer wishes to enquire about Scottish Water’s procedure for checking the water pressure in the area then they should write to the Customer Connections department at the above address.

If the connection to public sewer and/or water main requires to be laid through land out- with public ownership, the developer must provide evidence of formal approval from the affected landowner(s). This should be done through a deed of servitude.

It is possible this proposed development may involve building over or obstruct access to existing Scottish Water infrastructure. On receipt of an application Scottish Water will provide advice that advice that will require to be implemented by the developer to protect our existing apparatus.

Should the developer require information regarding the location of Scottish Water infrastructure they should contact our Property Searches Department, Bullion House, Dundee, DD2 5BB. Tel 0845 601 8855.

If the developer requires any further assistance or information on our response, please contact me on the above number or alternatively additional information is available on our website www.scottishwater.co.uk.

SEPA comment 18/01/2011

We object to this planning application on the grounds of a lack of information on flood risk. We will remove this objection if the issues detailed in Section 1 below are adequately addressed.

We would also ask that the planning condition in Section 2 be attached to any approved consent. If this is not applied, then please consider this aspect of our representation as an objection. Please also note the advice provided below.

Development Management sub committee – 23 October 2013 Page 66 of 74

Advice for the planning authority

1. Flood risk

1.1 We object to the proposed development on the grounds that it may place buildings and persons at flood risk contrary to Scottish Planning Policy (SPP) and Planning Advice Note (PAN) 69 ‘Planning and building standards advice on flooding’.

1.2 Full flood risk comments are detailed below under Appendix 1, however we would consider removing our objection to the proposed development if a flood risk assessment is submitted which demonstrates that the proposal complies with Scottish Planning Policy.

1.3 Section 1.3 of The Planning Statement dated December 2010 indicates that a flood risk assessment has been commissioned and will be lodged during the duration of the application. We would welcome further consultation once this has been submitted.

1.4 In the event that the planning authority proposes to grant planning permission contrary to this advice on flood risk the application must be notified to the Scottish Ministers as per The Town and Country Planning (Notification of Applications) (Scotland) Direction 2009.

2. Surface water

2.1 Section 1.3 of The Planning Statement dated December 2010 indicates that a surface water management plan has been commissioned and will be lodged during the duration of the application.

2.2 We are satisfied that there is adequate space within the site for a Sustainable Drainage System (SUDS), however it is has not been stated how this will be achieved in detail. We would therefore ask that a planning condition requiring a SUDS scheme is imposed. To assist, the following wording is suggested:

• Prior to the commencement of any works, a SUDS scheme shall be submitted for the written approval of the planning authority, in consultation with SEPA, and all work shall be carried out in accordance with the approved scheme. • Reason: to ensure adequate protection of the water environment from surface water run-off.

2.3 Please be advised that best practice requires the first level of treatment to be source control and the second level of treatment to be a detention basin or pond designed to Sewers for Scotland Second Edition standards.

2.4 We have not considered the water quantity aspect of this scheme. Comments from Scottish Water, where appropriate, the Local Authority Roads Department and the Local Authority Flood Prevention Unit should be sought on the SUDS strategy in terms of water quantity/flooding and adoption issues.

2.5 Again, we would welcome further consultation once the surface water management plan has been submitted.

3. Foul drainage

Development Management sub committee – 23 October 2013 Page 67 of 74

3.1 We understand that foul drainage from the proposal will be directed to the existing public sewer and as such we have no further comment on this aspect of the proposal. We would recommend that Scottish Water is consulted to ensure the existing system has adequate capacity. This advice is given without prejudice to any decision made on elements of the proposal regulated by us, which may take into account factors not considered at the planning stage.

Detailed advice for the applicant

4. Content of flood risk information

4.1 The Indicative River & Coastal Flood Map (Scotland) has been produced following a consistent, nationally-applied methodology for catchment areas equal to or greater than 3km2 using a Digital Terrain Model (DTM) to define river cross-sections and low-lying coastal land. The outlines do not account for flooding arising from sources such as surface water runoff, surcharged culverts or drainage systems. The methodology was not designed to quantify the impacts of factors such as flood alleviation measures, buildings and transport infrastructure on flood conveyance & storage. The Indicative River & Coastal Flood Map (Scotland) is designed to be used as a national strategic assessment of flood risk to support planning policy in Scotland. For further information please visit www.sepa.org.uk/flooding/flood_map.aspx.

4.2 We refer the applicant to the document entitled: “Technical Flood Risk Guidance for Stakeholders”. This document provides generic requirements for undertaking Flood Risk Assessments and can be downloaded from www.sepa.org.uk/flooding/flood_risk/planning__flooding.aspx. Please note that this document should be read in conjunction with Annex B in SEPA Policy 41: “Development at Risk of Flooding, Advice and Consultation – a SEPA Planning Authority Protocol”, available from www.sepa.org.uk/flooding/flood_risk.aspx.

4.3 Our Flood Risk Assessment checklist should be completed and attached within the front cover of any flood risk assessments issued in support of a development proposal which may be at risk of flooding. The document will take only a few minutes to complete and will assist our review process. It can be downloaded from www.sepa.org.uk/flooding/flood_risk/planning_flooding/fra_checklist.aspx

4.4 Please note that we are reliant on the accuracy and completeness of any information supplied by the applicant in undertaking our review, and can take no responsibility for incorrect data or interpretation made by the authors.

4.5 The advice contained in this letter is supplied to you by SEPA in terms of Section 72 (1) of the Flood Risk Management (Scotland) Act 2009 on the basis of information held by SEPA as at the date hereof. It is intended as advice solely to Edinburgh Council as Planning Authority in terms of the said Section 72 (1). Our briefing note entitled: “Flood Risk Management (Scotland) Act 2009: Flood risk advice to planning authorities” outlines the transitional changes to the basis of our advice in line with the phases of this legislation and can be downloaded from www.sepa.org.uk/flooding/flood_risk/planning__flooding.aspx.

5. Surface water

Development Management sub committee – 23 October 2013 Page 68 of 74 5.1 Please note that we have requested that a planning condition is attached to any consent requiring the submission of a full site specific surface water scheme. Best practice suggests the following levels of treatment would be required:

• Residential developments of 50 houses or less and retail/commercial/business parks with car parks of 50 spaces or less require one level of treatment for all hardstanding areas including roads. We encourage this first level of SUDS to be source control.

• Residential developments of more than 50 houses and retail/ commercial/ business parks with car parks of more than 50 spaces require two levels of treatment for all hardstanding areas including roads. An exception is run-off from roofs which requires only one level of treatment. We recommend, as best practice, the second level of treatment to be a basin or pond designed in accordance with Sewers for Scotland Second Edition.

• Industrial developments require three levels of treatment for hard standing areas and two levels of treatment for roads. An exception is run-off from roofs which requires only one level of treatment. We recommend, as best practice, the second level of treatment to be a basin or pond designed in accordance with Sewers for Scotland Second Edition.

• All roads schemes typically require two levels of treatment, except for residential developments of 50 houses or less and retail/commercial/business parks with car parks of 50 spaces or less. For technical guidance on SUDS techniques and treatment for roads please refer to the SUDS for Roads manual.

5.2 For all developments, run-off from areas subject to particularly high pollution risk (eg yard areas, service bays, fuelling areas, pressure washing areas, oil or chemical storage, handling and delivery areas) should be i) minimised and ii) directed to the foul sewer.

5.3 The SUDS treatment train should be followed which uses a logical sequence of facilities in series allowing run-off to pass through several different SUDS before reaching the receiving water body. Further guidance on the design of such systems and appropriate levels of treatment can be found in CIRIA’s C697 manual entitled ‘The SUDS Manual’. Advice can also be found in the SEPA Guidance Note Planning advice on sustainable drainage systems (SUDS) available on our website.

5.4 We are aware that previous historic activities at this site may have resulted in land contamination issues. SUDS must be used on all sites, including those with elevated levels of contaminants. SUDS which use infiltration will not be suitable where infiltration is through land containing contaminants which are likely to be mobilised into surface water or groundwater. This can be overcome by restricting infiltration to areas which are not affected by contamination, or constructing SUDS with an impermeable base layer to separate the surface water drainage system from the contaminated area. SUDS which do not use infiltration are still effective at treating and attenuating surface water. Please refer to the advice note on SUDS and brownfield sites for further information.

Appendix 1 – Detailed flood risk comment

Development Management sub committee – 23 October 2013 Page 69 of 74 Review of the Indicative River and Coastal Flood Map (Scotland) shows that the eastern area of the development site is at risk of flooding. We would highlight that the Indicative River and Coastal Flood Map (Scotland) indicates that the Niddrie Burn flows alongside the development, however this is not accurate. The Niddrie Burn is located to the north of the development as it takes a 90 degree bend 3km to the west of the site. There is however, a smaller watercourse which does pass the eastern boundary of the development site. This watercourse is culverted prior to reaching the site.

Although the Indicative River and Coastal Flood Map (Scotland) is incorrect within the vicinity of the development site, flood water from the Niddrie Burn can and has entered the smaller watercourse which is culverted beneath the site. This is primarily due to an under designed culvert on the Niddrie Burn. As we understand, this matter is to be resolved as part of the proposed Niddrie Burn Restoration works adjacent to Edinburgh Royal Infirmary. It should also be noted that we have received a number of letters from local residents who have expressed concerns in terms of flood risk and the development site. It has been stated that the north east corner of the development site has been subjected to regular flooding and that there could potentially be a flood risk from groundwater from the local mining works. These issues should be assessed as part of the proposed flood risk assessment.

SEPA revised comment 03/05/2011

Thank you for your consultation letter of 12 April 2011. We withdraw our objection to this planning application on flood risk grounds. However, we would still ask that the planning condition in Section 2 relating to surface water drainage be attached to any approved consent.

Advice for the planning authority

1. Flood risk 1.1 We note the Surface Water Management Strategy and Flood Risk Assessment (dated March 2011) which has been submitted in support of the application. Based on the information provided, we are now in a position to withdraw our objection to the proposed development on flood risk grounds. Notwithstanding this, we would expect Edinburgh Council to undertake their responsibilities as the Flood Prevention Authority. 1.2 As detailed in our previous correspondence relating to this site, there is a small watercourse which passes the eastern boundary of the development site. This watercourse is culverted prior to reaching the site. 1.3 The submitted Flood Risk Assessment has estimated the flows which would enter this culvert. While no information has been provided regarding the methodology used to derive these flows, the watercourse is culverted approximately 500m to the south west of the site. As such, we consider that it is unlikely that any flood water resulting from the culvert entrance becoming blocked or being unable to convey the flood flows would reach the development site. 1.4 We have also recently commented on a similar application for an adjacent site known as Newcraighall North (10/03449/PPP). As explained within the Flood Risk Assessment carried out for this development, there is a possibility of the culvert becoming surcharged due to blockage/collapse which may result in flood water coming out through the manhole covers. As a result, flood water would pond within the Newcraighall North site before pouring over Newcraighall Road and potentially into this application site. Associating a probability to the failure or blockage of a culvert is unfeasible but we would strongly recommend mitigation measures are incorporated

Development Management sub committee – 23 October 2013 Page 70 of 74 within the final design layout to prevent any ingress of flood water into the residential buildings. 1.5 We are now in a position to withdraw our objection as we are of the opinion that flood risk is not an overriding constraint on the site and we can accept the principle of development at this stage. However, we would recommend that we are consulted on any future planning submissions to ensure that mitigation measures (such as raised footprints for the dwellings) are incorporated within the design layout. 1.6 We would also advise that in line with Scottish Planning Policy (SPP) and Planning Advice Note (PAN) 69 ‘Planning and building standards advice on flooding’, no development should occur above existing culverts 2. Surface water 2.1 We welcome the general measures for dealing with surface water run-off as outlined in the Surface Water Management Strategy. While we consider the proposed measures acceptable in principle, the applicant has not demonstrated how the scheme will be achieved in detail. 2.2 We would therefore advise that the planning condition requested in our previous response of 18 January 2011 in relation to surface water remains applicable and we would again request that this is attached to any approved consent. As previously detailed, the following wording is suggested: * Prior to the commencement of any works, a SUDS scheme shall be submitted for the written approval of the planning authority, in consultation with SEPA, and all work shall be carried out in accordance with the approved scheme. * Reason: to ensure adequate protection of the water environment from surface water run-off. 2.3 We have not considered the water quantity aspect of this scheme. Comments from Scottish Water, where appropriate, the Local Authority Roads Department and the Local Authority Flood Prevention Unit should be sought on the SUDS strategy in terms of water quantity/flooding and adoption issues. This advice is given without prejudice to any decision made on elements of the proposal regulated by us, which may take into account factors not considered at the planning stage.

Detailed advice for the applicant

3. Content of flood risk information 3.1 The Indicative River & Coastal Flood Map (Scotland) has been produced following a consistent, nationally-applied methodology for catchment areas equal to or greater than 3km2 using a Digital Terrain Model (DTM) to define river cross-sections and low- lying coastal land. The outlines do not account for flooding arising from sources such as surface water runoff, surcharged culverts or drainage systems. The methodology was not designed to quantify the impacts of factors such as flood alleviation measures, buildings and transport infrastructure on flood conveyance & storage. The Indicative River & Coastal Flood Map (Scotland) is designed to be used as a national strategic assessment of flood risk to support planning policy in Scotland. For further information please visit www.sepa.org.uk/flooding/flood_map.aspx. 3.2 We refer the applicant to the document entitled: “Technical Flood Risk Guidance for Stakeholders”. This document provides generic requirements for undertaking Flood Risk Assessments and can be downloaded from www.sepa.org.uk/flooding/flood_risk/planning__flooding.aspx. Please note that this document should be read in conjunction with Annex B in SEPA Policy 41: “Development at Risk of Flooding, Advice and Consultation – a SEPA Planning Authority Protocol”, available from www.sepa.org.uk/flooding/flood_risk.aspx.

Development Management sub committee – 23 October 2013 Page 71 of 74 3.3 Our Flood Risk Assessment checklist should be completed and attached within the front cover of any flood risk assessments issued in support of a development proposal which may be at risk of flooding. The document will take only a few minutes to complete and will assist our review process. It can be downloaded from www.sepa.org.uk/flooding/flood_risk/planning__flooding/fra_checklist.aspx 3.4 Please note that we are reliant on the accuracy and completeness of any information supplied by the applicant in undertaking our review, and can take no responsibility for incorrect data or interpretation made by the authors. The advice contained in this letter is supplied to you by SEPA in terms of Section 72 (1) of the Flood Risk Management (Scotland) Act 2009 on the basis of information held by SEPA as at the date hereof. It is intended as advice solely to Edinburgh Council as Planning Authority in terms of the said Section 72 (1). Our briefing note entitled: “Flood Risk Management (Scotland) Act 2009: Flood risk advice to planning authorities” outlines the transitional changes to the basis of our advice in line with the phases of this legislation and can be downloaded from www.sepa.org.uk/flooding/flood_risk/planning__flooding.aspx.

Transport comment 08/04/2011

We have no objections to the proposed planning application. However we would like the following points to be noted and attached to any approval as conditions, informatives or reserved matters as considered appropriate:

1. The proposed main access (Whitehill Street) will have to be able to accommodate the turning movements of buses. Alterations may be required to the existing kerb line (carriageway widening); 2. The bus only link to Queen Margaret University College will be a vital part of the development and the optimum location for a bus gate needs to be determined in the detailed application. 3. Consideration to be given to incorporating pedestrian/cycle facilities to the bus way; 4. Further consideration is required regarding the provision of continuous footway on the southern side of Newcraighall Road in the location of the existing eastern bridge abutments; 5. Details of north-south and east-west pedestrian and cycle routes should be provided. The routes should be attractive, safe, coherent and highly visible to the residents. Information should be given on the types of facilities being provided (including example design details) and their location. The plans should show how the National Cycle Network Route 1 would be diverted away from Newcraighall Road; 6. A grade separated pedestrian/cycle link connecting the north & south sites remains an objective of CEC & East Lothian Council, the existing disused railway abutments further east could provide this opportunity; 7. Further consideration is required with regards to widening the existing restricted footways at the west end of the village, desirable minimum footway width of 2m. This is to provide suitable connectivity with the rail station and at the Fort Kinnaird further west; 8. A new pedestrian crossing is be required on Newcraighall Road in close proximity to the school. This crossing should also facilitate cyclists; 9. The location of the existing Pedestrian crossing on Newcraighall Road will have to be evaluated to determine if it still in the correct position to serve the new development and will also require to be upgraded to facilitate cyclists; 10. The current traffic calming arrangements will have to be looked at to determine if alterations are required to accommodate the proposed development;

Development Management sub committee – 23 October 2013 Page 72 of 74 11. The location of the existing bus stops will have to be reviewed in relation to the proposed access points for the site, in discussion with the bus operators (upgrading facilities bus shelters, RTI); 12. The nearby Park and Rail offers another public transport option, pedestrian and cycling access to the Park and Rail site should be protected and enhanced, with a well- lit, well-signed shared use route that makes access as quick and direct as the development layouts permit. 13. Swept Path Analysis to be carried out for all movements & turning manoeuvres; 14. A Stage 2 & 3 Road Safety Audit will be required; 15. Details and maintenance schedule for SUDs; 16. The internal layout of the development to be designed in accordance with Designing Streets and Quality Audits will be required; 17. All accesses must be open for use by the public in terms of the statutory definition of ‘road’ and will require to be the subject of applications for road construction consent (RCC). The Council would seek clarification of the extent of roads subject to RCC at an early stage; 18. Early discussions on suitable road materials will be required at an early stage. 19. Technical Approval of any structures adjacent to the road network will be required; 20. The provision, layout, location and number of cycle parking should be to the Councils standards in accordance with Cycle Friendly Design Guide.

Note:

Should HSG 15 (south) site go ahead with two number accesses as indicated on Diagram 1: Principal Streets & Access Points (joint masterplan framework) the following would also be required:

1. The removal of the existing disused railway abutment on the south side of Newcraighall is required in order to achieve the desired visibility to and from the proposed adjacent secondary access; 2. Once the existing disused railway abutment on the south side of Newcraighall is removed carriageway and footway widening will be required, desirable minimum footway width of 2m. This is to provide suitable connectivity with the existing village and public transport; 3. An at grade pedestrian/cycle link to connect the two sites; 4. An at grade crossing facility for pedestrians/cyclists to connect the two sites

The applicant will be required to enter into a suitable legal agreement prior to full planning consent in respect of the following – o A financial contribution of £2,500 to progress a suitable traffic regulation order for the disabled bays; o To design, procure and install all off-site transport improvement works (1 and 8-10 in list above)

A draft travel plan prior to first occupation and a final travel plan within 12 months of that date. It is expected that that this travel plan considers a) financial contribution to transport promotion measures, including contributions to, or provision of, public transport season tickets and b) the provision of a public and sustainable transport information pack. Reason -in order to help embed public transport habits and encourage modal shift.

Development Management sub committee – 23 October 2013 Page 73 of 74 Transport further comment 07/10/2013

I confirm that I am content with the proposed Committee Report wording as set out in the email of 2 October 2013 from Kenneth Bowes.

Location Plan

© Crown Copyright and database right 2013. All rights reserved. Ordnance Survey License number 100023420 END

Development Management sub committee – 23 October 2013 Page 74 of 74 Development Management Sub- Committee

10 am, Wednesday, 23 October 2013 Protocol Note for Hearing

Planning Application no. 13/02381/FUL - erection of retail unit incorporating 5,612 square metres (gross internal retail floorspace), situated at 90 metres north of 69A Kinnaird Park Fort Kinnaird Retail Park, Edinburgh

Item number Report number Wards Portobello/Craigmillar

Carol Campbell Head of Legal, Risk and Compliance

Contact: D Emerson

E-mail: [email protected]| Tel: 0131 529 4230 Summary

Protocol Note for Hearing Summary

The Council is committed to extending public involvement in the planning process. Hearings allow members of the public to put their views on planning applications direct to the Councillors on the Development Management Sub-Committee.

The Sub-Committee members have a report on the planning application which contains a summary of the comments received from the public. Copies of the letters are available for Councillors to view in the group rooms.

Committee Protocol for Hearings

The Planning Committee on 19 May 2011 agreed a general protocol within which to conduct hearings of planning applications, as follows:

- Presentation by Head of Planning 15 minutes

- Presentation by Community Council 15 minutes

- Presentation by Other Parties 5 minutes, each party

- Questions by Members of the Sub- Committee

- Presentation by Applicant 15 minutes

- Presentation by Ward Councillors 5 minutes each member

- Questions by Members of the Sub- Committee

- Debate and decision by members of the Sub-Committee

Order of Speakers for this Hearing

1 Head of Planning and Building Standards - 10.05– 10.20 am presentation of report

2 Craigmillar Community Council 10.20-10.35 3 Objectors – Leith business interests – 10.40-10.45

Ocean Terminal Shopping Centre (per R Holder, Planning Consultants)/ Marketing Leith/ Leith Business Association

4 Objectors – Leith civic interests – 10.50-10.55

Leith Civic Trust/ Leith Links Community Council/ Leith Central Community Council

5 Objectors – City Centre business interests –

5.1 Henderson Global Investors, per GVA 11.00-11.05 Planning Consultants

5.2 John Lewis, per CBRE Planning Consultants 11.05-11.10

7 Applicants – Gibraltar General Partner Ltd., per 11.15-11.30 Muir Smith Evans, agents

8 Ward Councillors – Councillors Bridgeman and 11.40-11.50 Walker 9 Debate and Decision on Application by Sub- 11.55 Committee

Scheduled times are approximate but within this the time limits for speakers will have to be enforced – speakers will be reminded when they have 1 minute remaining. Speakers should keep to “material planning matters” that the Sub-Committee can take into account. Any visual material must be submitted to Committee Services at least 24 hours before the meeting. Decisions will generally be to approve or refuse. Conditions of approval or reasons for refusal may be considered at a subsequent meeting. If the application is continued for further information, the Hearing will not be re-opened at a later stage and contributors will not be invited to speak again. In such cases, the public can attend the meeting to observe the discussion from the gallery. Development Management Sub Committee

Wednesday 23 October 2013

Application for Planning Permission 13/02381/FUL At Site 90 Metres North Of 69A, Kinnaird Park, Fort Kinnaird Retail Park Erection of retail unit incorporating 5,612 square metres (gross internal retail floorspace).

Item number Report number Wards A17 - Portobello/Craigmillar

Links

Policies and guidance for LPC, CITR3, CITD1, CITD2, CITD3, CITT4, CITE17, this application NSG, NSGD02,

David R. Leslie Acting Head of Planning and Building Standards

Contact: Kevin Ryan, Principal Practitioner E-mail:[email protected] Tel: 0131 529 3721

Executive summary

Application for Planning Permission 13/02381/FUL At Site 90 Metres North Of 69A, Kinnaird Park, Fort Kinnaird Retail Park Erection of retail unit incorporating 5,612 square metres (gross internal retail floorspace).

Summary

The proposal is contrary to the development plan as it does not comply with Edinburgh City Local Plan Policy Ret 3 (Commercial Centres) in all respects. Specifically, the proposed new retail store would add another significant retail offer to this commercial centre compounding its sub-regional role. It has the potential to have significant adverse impacts on City Centre and other commercial centres and it does not address a quantitative or qualitative deficiency. While the proposal is an opportunity for new jobs in the area, on the basis of the information available, it is not possible to conclude the economic benefits of the proposals would outweigh the potential harm to the economic development and jobs in the city centre retail core and other commercial centres. On balance, therefore, there are not compelling reasons for supporting the proposals as a departure from the development plan. There are no other material considerations which outweigh this conclusion. Recommendations

It is recommended that this application be Refused for the reasons below (in section 3 of the main report). Financial impact

There are no financial implications to the Council. Equalities impact

This application was assessed in terms of equalities and human rights. The impacts are identified in the Assessment section of the main report. Sustainability impact

This application meets the sustainability requirements of the Edinburgh Design Guidance.

Consultation and engagement

Pre-Application Process

A Proposal of Application Notice was submitted and registered on 20 November 2012 (12/04119/PAN). Copies of the Notice were issued to:

- Craigmillar Community Council; - Portobello Community Council; - Musselburgh & Inveresk Community Council.

A community consultation event in the form of a public exhibition was held on Thursday 24 January 2013. Full details can be found in the Pre-Application Consultation report, which sets out the findings from the community consultation. This is available to view on the Planning and Building Standards online service.

A pre-application report on the proposals was presented on to the Committee on 30 January 2013. The Committee agreed to approve the key issues for consideration, as detailed in the report by the Acting Head of Planning and Building Standards.

Publicity summary of representations and Community Council comments

The application was advertised on 9 August 2013 and attracted 219 letters of representation. There are 207 letters of support from users/employees of Fort Kinnaird and 11 objections from John Lewis, the owners of the St James Centre, the owners of Ocean Terminal, Leith business interests including Leith Business Association, Leith Civic, Marketing Leith and Leith Links Community Council and Leith Central Community Council.

Material Issues - Objections

• Contrary to retail policy Ret 3 including insufficient information to assess retail impact ; • Cumulative impact of proposal with recent consents for cinema and restaurants/cafes; • Impact on the city centre and policies in place to protect the city centre; • Loss of trade at Ocean Terminal and impact for wider Leith area; • Failure to provide proposals to deliver the necessary transport improvements; • No qualitative or quantitative deficiency.

Material Issues - Support

The letters of support refer to benefits to the area in terms of investment and jobs, attract others retailers to the park, improve the quality and range of shopping locally and not have an adverse effect on the operation of other stores in Edinburgh.

Community Councils

Craigmillar Community Council (who are the community council for the area) and Portobello Community Council support the proposals for the same reasons as covered in the letters of support. As stated above Leith Links Community Council and Leith Central Community Council both object to the proposals for reasons of its adverse

Development Management Sub Committee – Wednesday 23 October 2013 Page 3 of 33 impact on vitality and viability of Ocean Terminal which in turn will harm the wider Leith Area.

The objectors were re-notified on 27 August 2013 of further information received from the applicant. This re-notification attracted 1 further representation on behalf of Ocean Terminal reiterating earlier objections but it also raised the following material issues:

• the modifications to the section 75 obligations are deficient.

A full assessment of the representations can be found in the main report in the Assessment section.

Background reading / external references

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

Development Management Sub Committee – Wednesday 23 October 2013 Page 4 of 33 Report

Application for Planning Permission 13/02381/FUL At Site 90 Metres North Of 69A, Kinnaird Park, Fort Kinnaird Retail Park Erection of retail unit incorporating 5,612 square metres (gross internal retail floorspace). 1. Background

1.1 Site description

The site is situated in the north west corner of Fort Kinnaird Retail Park. This retail park is situated on the eastern edge of the city next to the A1 Musselburgh by-pass. Access to the park is from Newcraighall Road.

The retail park covers approximately 21 hectares and was built in three distinct phases. The first phase was on the north east side of Newcraighall Road (Kinnaird Park). The second phase was on the south side of Newcraighall Road (The Fort). The third phase linked the two areas together which then became Fort Kinnaird.

The site is allocated in the development plan as part of the Newcraighall/The Jewel (which includes Fort Kinnaird Retail Park). The adopted Edinburgh City Local Plan identifies Newcraighall/The Jewel as one of eight Commercial Centres in Edinburgh and is also described in the plan as one of the largest out-of-centre shopping areas in the UK (96,500 sq.m).

In the surrounding area, there is the A1 to the east, retail and commercial units and some housing on Newcraighall Road to the south, areas of housing to the west and the South Edinburgh railway line and Asda store at the Jewel to the north.

1.2 Site History

Late 1980s - the original Kinnaird Park was granted planning permission. The consent included significant elements of leisure (cinema and bowling alley), industry (The Tea Factory) and offices (two blocks). Since the original approval, there have been numerous applications to reconfigure the units in this part of the site.

Early to mid 1990s - two further planning permissions for retail development were granted at the site. One of these was for The Fort. The other was for the land between The Fort and Kinnaird Park which was not developed at that time.

1997 to 1999 - a series of applications were approved to link up Kinnaird Park and the Fort. This link was developed and by end of 2000, the whole site was branded Fort Kinnaird.

Late 2003/2004 - the council started preparing a Development Brief for the site. This set out the basis on which Fort Kinnaird could be reconfigured to deliver a more

Development Management Sub Committee – Wednesday 23 October 2013 Page 5 of 33 attractive, coherent and better functioning centre including significant improvements to the transport infrastructure in the area. The brief was approved by Committee on 26 May 2005.

October 2004 - an outline application was submitted in parallel with the brief for the reconfiguration and redevelopment of retail floorspace. This was to allow unimplemented mezzanine floorspace (in the original Kinnaird Park) to be developed within new units. The aim was to increase the value of the development and, in turn, assist in funding the required transport infrastructure improvements (04/03706/OUT).

In September 2005 - outline planning permission was approved, subject to conditions and a legal agreement that required a retail floorspace cap being placed on the development (64,665 sq.m), the delivery of transport infrastructure improvements including provision for a link road to The Wisp, employment initiatives and restrictions on unit sizes and mezzanine floors. Permission was released on 6 June 2006 (04/03706/OUT).

2006 onwards - detailed applications (and variations) were submitted and approved for the demolition of existing units and reconfiguration of the floorspace within the site (06/02505/REM, 07/02874/REM, 07/02874/VAR, 07/02874/VAR2).

30 December 2011 - a Section 42 application was granted for an amendment to condition 4 attached to outline planning permission (04/03706/OUT) to increase the upper floorspace figure for class 1 retail from 64,665 sq m (GIFA) to 71,502 sq m (GIFA).

This consent was the subject a new section 75 agreement to replace the previous section 75 agreement and included restrictions on the maximum retail floorspace size and a revised package of transport improvements (11/00874/FUL).

21 February 2012 - Proposal of Application Notice received for a Section 42 application for an amendment to condition 3 attached to planning permission 04/03706/OUT (as amended by 11/00874/FUL) to increase the upper floorspace figure for food retailing from 1,380 sq.m Gross Internal Floor Area (GIFA) to 1,555 sq.m (GIFA) (12/00537/PAN).

29 March 2012 - the owners of Ocean Terminal Shopping Centre submitted a petition to the Court of Session seeking a judicial review of the decision to increase the upper floorspace figure for class 1 retail from 64,665 sq m (GIFA) to 71,502 sq m (GIFA) (11/00874/FUL).

The petition was originally submitted on grounds that the planning authority had not had proper regard to the sequential test for new retail units. The petition was then expanded to also claim that the section 75 agreement did not conform to the committee decision in that it allowed retail units to exceed the intended 4,000 sq m maximum floorspace size. This petition was due to be heard on 9 October 2012.

2 October 2012 – the applicant withdrew the application for the detailed design of retail units as this application included a unit that exceeded the intended floorpsace size (12/02089/AMC).

Development Management Sub Committee – Wednesday 23 October 2013 Page 6 of 33 5 October 2012 – the applicant submitted a Unilateral Obligation. This was to ensure that there was a legal agreement covering the site that conformed in full with the committee decision to limit the floorspace of any retail unit to 4,000 sq m maximum.

9 October 2012 - the Council received confirmation that the owners of Ocean Terminal Shopping Centre were no longer pursuing a Judicial Review.

20 November 2012 – the applicant submitted a PAN for the proposed development of a retail unit not exceeding a total of 5,700 sq m (Gross Internal Area) over two levels (12/04119/PAN).

23 November 2012 – permission was approved for the detailed design of restaurant and café units and works to the public realm pursuant to applications 04/03706/OUT and 11/00874/FUL (12/02085/AMC).

26 November 2012 - planning permission granted for the demolition of existing offices and erection of a new management suite and public toilets (12/02092/FUL).

6 March 2013 - planning permission granted for erection of multiplex cinema (12/02091/FUL).

28 August 2013 - Application for modification or discharge of Planning Obligations (13/03450/OBL). Under consideration.

28 August 2013 - Application for the modification or discharge of Planning Obligations (13/0451/OBL). Under consideration. 2. Main report

2.1 Description Of The Proposal

The planning application is for detailed planning permission for a single retail unit with a gross internal floorspace of 5,612 sq m over two floors.

The proposed unit is located on part of the remaining vacant, brownfield land in the north–western corner of Fort Kinnaird.

The remainder of the brownfield land is for restaurants, cafes, a children’s play area and a cinema, all of which already have the benefit of planning permission.

Debenhams have signed a lease to occupy the unit if the current application is granted planning permission.

The proposed store will operate alongside Debenhams' two existing stores in the city centre and at Ocean Terminal. Debenhams wish to pursue a three store strategy in the city . The new third store will be smaller than the existing stores and will provide for the growth of click and collect facilities (on line sales) and serve a gap that Debenhams have identified in their market in terms of store coverage . Their preferred location is in south east Edinburgh close to the by-pass which includes parts of south east Edinburgh, East Lothian, Midlothian and the Borders.

Development Management Sub Committee – Wednesday 23 October 2013 Page 7 of 33 The proposed unit together with the approved restaurants, café and cinema will comprise a new terrace of units. The unit will have extensive glazing at ground and first floor level and be clad in dark grey metallic composite finish with timber effect panels to identify the entrance.

The existing car parks will provide the parking to serve this unit. Cycle parking is being provided as part of the wider public realm improvements approved under a separate recent application (12/02085/AMC).

Supporting Statements

- Supporting Planning Statement - Design and Access Statement; - Sustainability Statement; - Drainage statement; - Site Appraisal; - Addendum Site Investigation; - Mineral Consolidation Completion Report; - Surface Water Management Plan.

- Supporting Planning Statement in relation to the application for the proposed Modification of a Planning Obligation

These documents are available to view on the Planning and Building Standards online services.

2.2 Determining Issues

Do the proposals comply with the development plan?

If the proposals do comply with the development plan, are there any compelling reasons for not approving them?

If the proposals do not comply with the development plan, are there any compelling reasons for approving them?

2.3 Assessment

To address these determining issues, the Committee needs to consider whether: a) the development is acceptable in terms of retail policy and other relevant provisions of the development plan including ; b) design; c) transport or road safety; d) residential amenity, and; e) whether there are any other material considerations including economic development or other considerations including; f) sustainability considerations; g) equalities or human rights implications; and h) representations.

Development Management Sub Committee – Wednesday 23 October 2013 Page 8 of 33 a) Retail Considerations

Background

This application is for a large retail unit of 5,612 sq.m. gross internal floorspace at Fort Kinnaird Retail Park which forms part of the wider ‘commercial centre’ of Newcraighall / Jewel. The intention is that it will be occupied by Debenhams although in planning terms, it must be assumed that such a unit could be occupied by any department store or similar large anchor store rather than a specific operator.

There is currently a floorspace limit of 4,000 sq.m. on any new units at Fort Kinnaird, designed to prevent occupancy by department stores (or similar) which could compete more directly with Edinburgh City Centre (compared with more traditional occupiers of space on retail parks).

The 4,000 sq.m. limit was originally established in 2006 when outline consent was granted for expansion of Fort Kinnaird. At the same time, a retail floorspace cap for the whole park was set at 64,665 sq m (04/03706/OUT). In 2011 Planning Committee granted consent to a further expansion of Fort Kinnaird to a revised ceiling of 71,502 sq.m. This was to meet the specific needs of existing occupiers and to forestall rising vacancies, and was agreed as an exception to policy. However, it was approved on the understanding that the upper unit size of 4,000 sq.m. would be re-affirmed in order to minimise any harmful impacts on Edinburgh City Centre (11/00874/FUL). In December 2011, the unit floorspace limit was secured through a planning obligation which was signed by the current applicants. In October 2012, the applicants signed a Unilateral Obligation under s.75 to amend the wording of the clause on unit sizes to be consistent with Informatives in the 2011 committee report.

A total of 14,187 sq m of floorspace remains available for implementation under the existing retail floorspace cap. Of this 9,059 sq m can be implemented at either ground or upper floor and 5,128 sq m can only be implemented at mezzanine level.

The current application is seeking to construct a new retail unit from the floorspace remaining under the existing retail cap. It is not seeking new retail floorspace above the existing cap and to ensure this will be the case, is supported by two applications to modify the existing planning agreements (13/03450/OBL and 13/03451/OBL). The effect of these agreements will be to retain the existing 71,502 sq m floorspace cap even if permission were to be granted for the current application and also to retain the restriction on any new units of over 4,000 sq m (with the exception of this unit).

Development Plan

The development plan comprises the Strategic Development Plan for Edinburgh and South East Scotland (SESplan) and the Edinburgh City Local Plan (ECLP).

The SESplan document has a limited bearing on the current application, as it mainly focuses on the role expected of Local Development Plans. However it does support the well established ‘sequential approach’ to retail location, and expects Local Development Plans (LDPs) to provide strong justification for any departure from the prioritisation of development in or on the edge of town centres. It also indicates strong support for Edinburgh City Centre as the regional shopping hub for the whole of the SESplan area. The sequential approach and impact on the city centre is discussed in detail below.

Development Management Sub Committee – Wednesday 23 October 2013 Page 9 of 33

The key considerations to judge acceptability of this proposal are set out in policy Ret 3 (Commercial Centres) of the Edinburgh City Local Plan (ECLP) – which deals with retail development in commercial centres.

Ret 3 supports "proposals for additional retail floorspace involving the reconfiguration and/or the extension of a commercial centre" provided a number of separate policy criteria can be met.

ECLP policy Ret 3 is fully relevant to this application for the following reasons:

(i) Although the applicant claims the proposal is not for additional retail floorspace by virtue of the fact that they are seeking to restrict the floorspace now proposed within the existing retail floorspace cap (see 13/03450/OBL and 13/03451/OBL), the existing floorspace cap was approved as an exception to policy Ret 3 on the basis that the retail unit size would be limited to 4,000 sq.m. As a consequence, any proposal that departs from this restriction must be re-assessed against Ret 3; (ii) Ret 3 explicitly applies to reconfiguration of commercial centres as well as extensions; (iii) The application is for retail floorspace which does not exist on the ground at present, and hence is ‘additional’; (iv) Although consent already exists to extend the centre, this consent is for a restricted type of development that does not extend to the format and type of development now being proposed.

The proposal has been assessed against the policy criteria below:

Ret 3 a) all potential town centre and edge of town centre options (including the city centre retail core) have been thoroughly assessed and can be discounted as unsuitable or unavailable;

The applicant has considered five potential alternative sites under the sequential approach and concludes that these are all either unavailable or unsuitable for the particular development now under consideration. The sites were: 3-8 St. Andrew Square / 7-21 South St. David Street; former bus garage at Eskbank Road, Dalkeith; vacant industrial site at Inveravon Terrace, Musselburgh; former store site at Inveresk Road, Musselburgh; and the Baileyfields site at Portobello

While the conclusions reached by the applicant in relation to four of the five sites are accepted, further consideration should be given in relation to the site at 3-8 St. Andrew Square / 7-21 South St. David Street. This is a prominent site in the heart of Edinburgh city centre which has a recently renewed planning consent for 6,230 sq.m. of retail floorspace as part of a mixed use development including offices (06/03441/FUL, 12/02341/FUL (Stockland). In this regard, it would appear to be a sequentially preferable site which is both available and suitable.

The applicant has applied the sequential approach and has submitted that the St. Andrew Square site is not ‘credible’ as a location for Debenhams, as the retailer already has a large department store in Edinburgh city centre and its 3-store strategy for Edinburgh requires that the third store should be located in the south east of the city. The applicant also refers to recent case law (Supreme Court decision Tesco Stores Ltd. vs Dundee City Council, 2012) which emphasised that the sequential approach should be applied flexibly and take account of commercial realities.

Development Management Sub Committee – Wednesday 23 October 2013 Page 10 of 33

The Tesco decision emphasises that the applicant is expected to have regard to the circumstances of the particular town centre, to have given consideration to the scope for accommodating the development in a different form and to have thoroughly assessed sequentially preferable locations on that basis.

Taking each of these considerations in turn, the fundamental aim should be to protect the city centre and prevent the Fort Kinnaird from expanding its sub-regional role. However, it is accepted that there is little potential opportunity to accommodate the development in a different form. The operational requirements are for a store of this size with access to the catchment including south east Edinburgh, East Lothian, Midlothian and the Borders. Although a city centre location is the preferred location for department stores generally, the commercial realities are that the proposed store operator already operates a store from this location and will not open another in the city centre regardless of what form it may take.

In conclusion, the proposals have thoroughly assessed sequentially preferable locations and have shown that the available site in the city centre is not appropriate for the needs of the particular store operator in this instance. This does not mean that other department store operators would not be able to operate viably from this site in the city centre and as such if consent were granted, it should be made personal to the proposed operator, namely Debenhams.

The proposal would therefore comply with Policy Ret 3 a) but if granted the consent should be made personal to the Debenhams, the proposed store operator.

Ret 3 b) the proposal will not have significant adverse individual or cumulative impacts on any other town, local or commercial centre and, in particular, will not impact adversely on the strategy and objectives for enhancing the vitality and retail attractiveness of the city centre retail core;

There are two main aspects of retail impacts which need to be examined: (1) direct trade diversion from competitor stores; (2) indirect impacts i.e. those longer term effects which arise from changes in the character function and critical mass of the centre.

(1) Direct trade diversion from competitor stores;

Because of the scale of retail provision in Edinburgh city centre, incremental floorspace of just over 5,500 sq.m. at Fort Kinnaird will not, on its own, be likely to divert a substantial proportion of turnover. Even if the new development does take the form of a department store, this will remain the case, and in terms of conventional trade diversion calculations, the direct impacts are unlikely to be significant. The applicants estimate is that the city centre could lose up to 0.6% of its turnover in a ‘worst case’ scenario. Ocean Terminal and Cameron Toll would lose 2.3% and 4.5% respectively.

Development Management Sub Committee – Wednesday 23 October 2013 Page 11 of 33 The applicant's basic conclusions are accepted. Whilst these are based on 70% of trade coming from Straiton and in reality, more of the trade draw is likely to come from the city centre, sensitivity testing of the trade draw figures would suggest that any direct impacts would not be significant. Even if as much as half the entire turnover of the new development were to be diverted from the city centre (which is unlikely) and the sales density of the department store was assumed to be 20% higher (£5,100 / sq.m. instead of £4,250 / sq.m.), the city centre would suffer a reduction in turnover of no more than 1.8%. Whilst any loss of business from the region’s primary shopping centre would be unwelcome, it is unlikely that losses of such a magnitude would, on their own, have a significant adverse impact to vitality and viability.

Similar adjustment to key assumptions could have more of an effect on trade diversions from other commercial centres, particularly the three nearest competitors – Straiton, Cameron Toll and Ocean Terminal. In particular, it might not be unrealistic to suggest that 10 – 15% of the trade draw would come from Ocean Terminal (compared with 5% in the applicant's submission) which is anchored on a similar (and larger) Debenhams store. This could lead to a decline in Ocean Terminal’s total turnover in the range of 5.3% to 7.9% (assuming sales densities remain unchanged). Similarly, if trade draw from Cameron Toll is assumed to be 10% instead of 5%, the impact on turnover would rise to 10.3% (all figures based on applicant’s Tables 2A / 2B). Losses of this scale could be of concern in a poorly performing centre. However, it is considered that the City Centre and Ocean Terminal are trading sufficiently robustly to recover from such impacts.

National and local policy requires that account is taken of cumulative impacts of the proposed development along with other prospective developments. The supporting information with the application relies on the evidence submitted in support of the raising of the floorspace cap in 2011 (the 2011 study). It concludes that the combined effect of consented developments at Fort Kinnaird, Straiton, Cameron Toll, Ocean Terminal and Hermiston Gait would be less than 3% in terms of direct trade diversion from the city centre.

It should be noted that cumulative impacts are very difficult to predict, as a great deal depends on the timing when different schemes are implemented, if indeed they are implemented. On this basis, the applicant’s overall conclusions of the cumulative impact on direct trade diversion is accepted.

(2) Indirect impacts i.e. those longer term effects which arise from changes in the character, function and critical mass of the centre as a whole, as a result of new development.

Although direct trade diversion will be a small proportion of the City Centre’s large turnover, indirect impacts are potentially a more significant issue - footfall levels, market share and effects on investor confidence - further altering the balance between Fort Kinnaird and other centres when the ECLP clearly seeks to prevent Fort Kinnaird from becoming over-dominant and threatening the health / role of other centres over the long-term (i.e. as opposed to immediate impacts).There is no established methodology for quantifying indirect impacts. These are essentially the risks which go beyond the more immediate trade diversions discussed above and are a matter of judgement.

Development Management Sub Committee – Wednesday 23 October 2013 Page 12 of 33 (i) Changes in footfall, dwell times etc.

Introducing the proposed retail outlet at Fort Kinnaird will extend the range of options available to shoppers and increase the centre’s attractiveness particularly when viewed together with recent consents to raise the floorspace cap and provide a new cinema and leisure space. As the overlap with the city centre’s retail offer increases, Fort Kinnaird will potentially become more viable as a first choice comparison shopping destination with the breadth and depth of coverage to provide a one-stop shop. In turn this could lead to higher footfall and longer dwell times over and above those reflected in the direct trade diversion figures. As a result, the proposals have the potential to have a more significant adverse impact for the city centre and Ocean Terminal (who represent the main competition) than the direct trade diversion figures suggest.

(ii) Effects on investor confidence in other centres

The committee report on the raising of the floorspace cap highlighted investor confidence as an issue in 2011 but concluded that, on balance, the risk would be acceptable provided the consent was appropriately constrained. This included requiring 75% of the additional floorspace to be at mezzanine level and imposing a 4,000 sq.m. floorspace ceiling on any new units to prevent occupation by a department store or similar. The constraint of a 4,000 sq m ceiling and prevention of occupation by a department store would not be present in this case.

The relative resilience of competing centres needs to be taken into account in assessing their vulnerability to impacts of all kinds including investor confidence.

Since 2011, the Council has sought to increase investor confidence in the City Centre though a new vision and policy framework. One of the aims is to attract the large-scale investment needed to significantly bolster its turnover and market share, as demonstrated by the long delay in implementing major retail planning consents for the redevelopment of the St. James Centre (granted 2009) and 3-8 St. Andrew Square (originally granted 2007).

While the applicant claims there is now increased investor confidence in the City Centre, the representations from the City Centre interests do not support this view. In fact City Centre interests consider investor confidence to still be very fragile and are of the view that the proposal will simply discourage the large scale investment that the policy framework is seeking to deliver.

Similar representations have been received from business interests in Leith who are concerned about direct and indirect impacts of the proposals on Ocean Terminal and the wider vitality and viability of Leith.

It is acknowledged that the cumulative effect of recent consents at Fort Kinnaird including the increase in retail floorspace cap and cinema could be to increase uncertainty in investor confidence in other centres. However, without independent specialist advice, it is very difficult to gauge how significant this effect is in reality.

(iii) Effects on the market share and role of impacted centres.

Scottish Government advice on retail impact methodologies highlights that, as well as looking at effects on the volume of sales (or turnover) in impacted centres, it is also relevant to consider impacts on market share, as this reflects whether they are

Development Management Sub Committee – Wednesday 23 October 2013 Page 13 of 33 continuing to fulfil the role expected of them in the retail hierarchy. This is particularly important in relation to major centres such as Edinburgh City Centre, which tend to be impacted upon frequently over a long period of time, but by only a modest amount on each occasion.

The evidence shows that Edinburgh City Centre has been gradually losing market share for a number of years, with the main beneficiaries being Livingston in West Lothian and the expanding commercial centres at Newcraighall (Fort Kinnaird) and Straiton. Information from the Scottish Government’s Annual Business Survey shows that the turnover of retail businesses in Edinburgh city centre accounted for just 13.1% of the total retail business turnover in Edinburgh and the Lothians in 2010, compared with 18.4% in 1998.

Although the proposed store will not on its own significantly reduce the city centre’s market share, the likelihood is that it will contribute to the continuing process. Significantly, one of the key roles of the store will be to fulfil a ‘click and collect’ function serving customers not only from south Edinburgh, but from East Lothian, Midlothian and the Scottish Borders. This is clearly a very wide sub-regional role which conflicts with the agreed future role for Newcraighall / The Jewel commercial centre as stated in Table 8.2 of the Edinburgh City Local Plan which states “no further growth beyond existing approvals, to guard against further expansion of sub-regional role ...” In contrast, the wide geographical draw of the proposed new outlet would fit in much more closely with the ECLP vision and objective for Edinburgh City Centre, which is to be sustained as the regional focus for shopping.

In summing up, the main risks in terms of ‘indirect impacts’ are that the proposal will contribute to: (i) a more comprehensive retail and leisure offer making Fort Kinnaird a more likely ‘first choice’, ‘one-stop’ shopping destination to the detriment of other centres, with higher footfall, longer dwell times, and higher market penetration at a regional level; (ii) a reduction in investor confidence in other centres; (iii) a continuation of the steady decline in the City Centre’s regional market share, and hence its wider role, albeit the present application only contributes in a small way.

In conclusion, the proposals has the potential to have significant adverse impacts on City Centre and other commercial centres.

The proposal, therefore, does not comply with Ret 3 b).

Ret 3 c) the scale, format and type of the development proposed is compatible with the role of the centre as defined in the relevant planning consents and outlined in Table 8.2;

It is acknowledged that policy Ret 3 does not exclude department stores at Fort Kinnaird. However, clause (c) does say that 'the scale, format and type of development proposed [should be] compatible with the role of the centre as defined in relevant planning consents and outlined in Table 8.2'.

In relation to Newcraighall/The Jewel, Table 8.2 essentially seeks to guard against further expansion of the centres sub-regional role at the expense of Edinburgh City Centre.

Development Management Sub Committee – Wednesday 23 October 2013 Page 14 of 33 The role of the centre has also been clearly defined in relevant planning consents. For the last 7 years, planning consents have consistently allowed certain types of development at Fort Kinnaird based on a very clear understanding about the mix of unit sizes. The 4,000 sq.m. upper limit was specifically intended to prevent occupation by a larger department store which was seen as a means of preventing further movement towards a sub-regional retail role at the expense of Edinburgh City Centre.

The expected sub-regional role of the proposed department store, particularly through its ‘click and collect’ function, is explicitly aimed at shoppers in East Lothian, Midlothian and the Scottish Borders, as well as Edinburgh. This would be in clear conflict with the agreed future role for the Newcraighall / Jewel commercial centre as set out in ECLP Table 8.2, which seeks to guard against further expansion of a sub-regional role.

The proposal, therefore, does not comply with Ret 3 c).

Ret 3 d) the proposal will assist in making the centre more accessible by public transport modes (including the tram), walking and cycling, will contribute to less car travel, and will improve the appearance and environment of the centre;

The applicant claims to have delivered a significant modal shift since 2007. It is claimed that car usage has declined by 9.5% and the use of public transport has increased from 11% to 21%.

The issue of how the current proposal would further enhance this trend, as required by policy is discussed further under section b) below. However the conclusion is that subject to securing the same the transport improvements as the legal agreement on the floorspace cap, the proposal can help make the centre more accessible by sustainable transport modes.

The proposal forms part of a wider redevelopment of the north east corner of the retail park including restaurants and cafes and a new cinema. These consents included proposals for significant public realm improvements (12/02085/AMC). The current proposal is a further element in this scheme which ultimately will improve the appearance and environment of the centre.

The proposal, therefore, complies with Ret 3 d).

Ret 3 e) the proposal will address a quantitative or qualitative deficiency within the local area, and will be restricted to a scale that makes good this deficiency

Although consent already exists for the quantum of floorspace, this does not mean that there was either a quantitative or qualitative deficiency of shopping provision in this part of the city. The committee report in relation to the increase in the floorspace cap (11/00874/FUL) highlighted that any consent would be an exception to policy, driven by the need to prevent a ‘spiral of decline’ which seemed a real possibility at the time. The consent was geared towards retaining existing retailers, rather than addressing a generic deficiency in shopping provision and the restrictions on unit size and non- mezzanine space reflected this.

Development Management Sub Committee – Wednesday 23 October 2013 Page 15 of 33 Against this background, the view remains that the proposal does not address a quantitative deficiency in the area. There is also no case for a ‘qualitative’ deficiency, in the sense of the absence of a department store, given that the Local Plan seeks to focus this type of development in the City Centre and to deter further expansion of Fort Kinnaird into a sub-regional role. In any case, the applicant argues that some existing shops at Fort Kinnaird already ‘exhibit department store-type characteristics’, giving shopper’s access to premium brands.

The proposal, therefore, does not comply with Ret 3 e)

In summary, it is most unlikely that the development of a modest-sized department store at Fort Kinnaird would, on its own, cause significant demonstrable harm to the city centre or other centres, at least in terms of direct trade diversion. However, it is part of an incremental growth which will continue to erode the city centre’s already diminished role. Adding to the ‘critical mass’ of Fort Kinnaird will increasingly make it a first choice comparison shopping destination serving a very wide regional catchment area – a function which is not currently supported in local or strategic planning policies. This will affect the balance with other commercial centres and could undermine their ability to attract investment. The proposal is therefore contrary to policy Ret 3 as it fails to meet all the relevant policy criteria, namely b), c) and e). b) Detailed Design

The existing retail park is characterised by a number of different architectural styles and materials which reflect the incremental growth of the park since the 1980s. This proposal is part of a new terrace of units including restaurants, cafe and cinema. This terrace fronts onto the existing car parks and has been comprehensively designed with modern walling and roofing materials to reflect the contemporary design of the terrace.

The height of the proposed building is taller than the adjacent single storey units on the terrace. Only the rear section of the cinema is of a similar height but this is set back behind terrace. Although the new retail unit has a greater height and mass than the other units, it is set well back from the public road at the far north western corner of the site. In this location it will create a landmark building but not one that will dominate or otherwise harm the visual amenity of the estate. Overall, this is an appropriate design solution for a large anchor store and is in accordance with design Policy Des 3.

In conclusion, the scale, form and design of the proposed retail unit is acceptable. c) Transport and Road Safety

Local plan policy Ret 5d) require that the proposal will assist in making the centre more accessible by site is or will be made accessible by a choice of means of transport and lead to less car travel.

The redevelopment of this part of the retail park will lead to the reconfiguration of some of the existing car parking areas. This will retain the number of parking spaces at their current level (some 2,549 spaces). The works to the public realm includes an additional 37 covered cycle spaces. These details have been approved under a separate consent as part of the wider redevelopment of this part of the retail park.

Development Management Sub Committee – Wednesday 23 October 2013 Page 16 of 33 At the same time the applicant is committed to a number of significant transport improvements as part of the recent approval to increase the retail cap (11/00874/FUL). These can be summarised as follows:

• continuing development of the Travel Plans for Fort Kinnaird to continue to reduce car dependency;

• improvements to pedestrian and vehicular segregation within the site;

• improvements / widening at the Newcraighall Road junction with The Wisp;

• introduction of single yellow waiting line waiting restrictions on Niddrie Mains Road;

• introduction of parking restrictions on Newcraighall Road and Whitehill Road;

• increase in cycle parking provision within the site;

• provide a transport interchange within the site incorporating replacement bus shelters, real time information boards and toilet facilities;

• improve the existing pedestrian crossing point at the western access roundabout; and

• provide pedestrian crossings at the eastern access roundabout.

Transport has no objections to the current proposal in terms of either transport accessibility or road safety given the existing transport commitments. These commitments will apply to this consent if permission is granted for the concurrent application for the modification of the legal agreement.

In summary, the development is acceptable in terms of transport and road safety considerations subject to the approval of the application of the modification to the existing legal agreement to secure the same transport improvements as the recent retail consent. d) Residential Amenity

There are residential properties located adjacent to the west and south sides of the wider retail park who could potentially be affected by the detailed proposals. These include existing houses on Newcraighall Road and new housing proposed at Blackchapel to the north of the site. ECLP policy Des 3 c) requires that the amenity of occupiers or neighbours will not be materially harmed by new development.

Environmental Assessment has recommended that conditions are attached to the consent in order to ensure that residential amenity is protected from any potential noise, light or odour pollution. It is also recommended that an informative be attached in relation to the suggested working hours during the construction phase. While certain matters can be controlled by conditions, other matters are more appropriately controlled under other regulations. Where this is the case these matters have been included as informatives.

In summary, the development will not adversely affect residential amenity subject to appropriate conditions in accordance with policy Des 3 c).

Development Management Sub Committee – Wednesday 23 October 2013 Page 17 of 33 e) Other Material Considerations

The issue is whether there are any material considerations which would justify approving the current proposal as an exception to retail policy Ret 3.

The Proposed Local development Plan (LDP) is a material consideration and Policy Ret 3 (Commercial Centres) which is broadly the same as ECLP Ret 3, re-affirms the policy of restraint to protect the city centre retail core. Table 6 identifies Newcraighall/the Jewel as a commercial centre and Table 7 (Commercial Centres) describes its current commitments and future role as follows 'Planning permission granted in 2012 to reconfigure the centre. Floorspace capped at 71,502 sq.m. including a commitment to limit retail unit size and the amount of new floorspace at ground level.' This specific regard to unit size limit is relevant to this application. However, representations have been received in relation to the LDP including requests for specific changes to the description of Newcraighall/The Jewel in Table 7. Until these representations have been considered, limited weight can be given to these new provisions in the Proposed LDP. Nevertheless, it broadly supports the continuation of the policy position embodied in ECLP Ret 3.

The Fort Kinnaird Development Brief is also a consideration. It was approved by the committee in May 2005 to inform the outline planning permission which established the original retail cap of 64,665 sq.m. (04/03706/OUT). Although the brief allowed for the fact that 'the mix of units may include a single new large unit of up to 5,500 sq.m. capable of providing an additional anchor store' (paragraph 5.2), a new large retail unit of this nature was not included when the detailed retail impact assessment was carried out as part of the related outline application (04/03706/OUT). As stated, this established the 4,000 sq.m. limit to protect the city centre and is the same upper limit that was applied when the retail floorspace cap was raised in 2012 (11/00874/FUL). In the circumstances the brief is no longer considered relevant guidance in respect of unit size.

The potential economic benefits of the proposal are a material consideration. Scottish Planning Policy (SPP) and the new draft SPP (published for consultation April 2013) in particular, attach significant weight to developments that will deliver economic development and jobs within the context of the Scottish Government’s over-arching purpose of increasing sustainable economic growth.

The latest guidance in the draft SPP advises that 'Planning has a positive and proactive role to play in building a dynamic and growing economy that offers opportunities for all, while making efficient and responsible use of land, environmental and other physical resources and infrastructure. The aim is to achieve the right development in the right place, rather than development at any cost.' (Paragraph 16).

Debenhams is a major employer in Edinburgh. It has two existing stores in the city centre and at Ocean Terminal. A third store is needed to provide for the growth of click and collect facilities (on line sales). A location in south east Edinburgh close to the by- pass is required to fill a gap that Debenhams have identified in their store coverage which includes parts of south east Edinburgh, East Lothian and the Borders. This demands a store of some 5,574 sqm (60,000 sq ft).

Development Management Sub Committee – Wednesday 23 October 2013 Page 18 of 33 The local employment benefits of the proposed development are acknowledged. It will deliver approximately 200 jobs and may also act as a catalyst to bring forward the cinema and restaurants and cafes and other retail floorspace under the cap Together these proposals have the potential to deliver some 625 additional jobs (200 Debenhams, 275 cinema and restaurants and 150 other retail under existing retail cap). Importantly the proposal is an opportunity for the city to secure a significant number of new jobs at an early date with resultant direct and indirect economic benefits to the local area including Craigmillar, one of the city’s key regeneration areas. .

Economic Development supports the proposal and highlights that 'there is the potential to strengthen the retail offer at Fort Kinnaird which will be particularly important considering the level of growth predicted in the South and East of Edinburgh. Good retail offer in Fort Kinnaird will help to retain spending within the city boundary where there may be competition from other nearby shopping centres such as Straiton. It will also create a number of greatly needed jobs within a fairly deprived area.'

However, when assessing the economic benefits of the scheme, the recent evidence suggests that in an era when retail spending is largely stagnant new retail jobs are likely to be derived through the displacement of jobs from other locations. Moreover, Economic Development is unable to unequivocally state what the net impact of the development would be on the economy of Edinburgh. In the absence of this information it is not possible to conclude the economic benefits of the proposals would outweigh the potential harm to the economic development and jobs in the city centre retail core and other commercial centres.

On balance, therefore, there is insufficient evidence available to show that the proposal is sustainable economic development in accordance with government's guidance. f) Sustainability

The applicant has submitted a sustainability statement in support of the application advising that the following criteria have been assessed and met in full: Essential Criteria Available Achieved Section 1: Energy needs 20 20 Section 2: Water Conservation 10 10 Section 3: Surface water run-off 10 10 Section 4: Recycling 10 10 Section 5: Materials 30 30 Total points 80 80 Desirable Elements 65 25

In addition, it is noted that the proposed development is seeking to achieve a minimum BREEAM rating of "very good" assessed under the BREEAM 2011 New Construction Scheme. This is the same rating that is required for new public buildings.

In summary, the proposals are acceptable in terms of sustainability.

Development Management Sub Committee – Wednesday 23 October 2013 Page 19 of 33 g) Equalities and Human Rights

This application was assessed in terms of equalities and human rights. It has no negative equality impacts. The building and adjoining public realm have been designed for access for the disabled. In terms of human rights the proposals offer the potential to enhance the right to productive and valued activities, in particular employment opportunities. h) Representations

Material representations-

Objections

• Contrary to retail policy Ret 3 including insufficient information to assess retail impact – this has been addressed in section 2.3a); • Cumulative impact of proposal with recent consents for cinema and restaurants/cafes– this has been addressed in section 2.3a); • Impact on the city centre and policies in place to protect the city centre – this has been addressed in section 2.3a); • Loss of trade at Ocean Terminal and impact for wider Leith area– this has been addressed in section 2.3a); • Failure to provide proposals to deliver the necessary transport improvements – this has been addressed in sections 2.3a) and 2.3c); • No qualitative or quantitative deficiency– this has been addressed in section 2.3a; • The modifications to the section 75 obligations are deficient – Legal Services is satisfied that the unit size restrictions and the retail floorspace cap will continue in force at the site. Moreover, although the current application does not include any additional mezzanine floor space, any future mezzanine application for this building would be subject to these obligations.

Support

• Benefits to the area in terms of investment and jobs, attract others retailers to the park, improve the quality and range of shopping locally and not have an adverse effect on the operation of other stores in Edinburgh – this has been addressed in section 2.3a).

Non-Material representations – none were raised

Community Council comments -

Leith Links Community Council and Leith Central Community Council objected for the reasons covered above.

Craigmillar Community Council (who are the community council for the area) and Portobello Community Council support the proposals for the reasons covered above in terms of the benefits to the area.

Development Management Sub Committee – Wednesday 23 October 2013 Page 20 of 33 CONCLUSION

The proposal is contrary to the development plan as it does not comply with ECLP Policy Ret 3 in all respects. Specifically, the proposed new retail store would add another significant retail offer to this commercial centre compounding its sub-regional role. It has the potential to have significant adverse impacts on City Centre and other commercial centres and it does not address a quantitative or qualitative deficiency. While the proposal is an opportunity for new jobs in the area, on the basis of the information available, it is not possible to conclude the economic benefits of the proposals would outweigh the potential harm to the economic development and jobs in the city centre retail core and other commercial centres. On balance, therefore, there are not compelling reasons for supporting the proposals as a departure from the development plan. There are no other material considerations which outweigh this conclusion and refusal is recommended.

If the current planning application is refused, the two concurrent applications for modifications to the existing S.75 planning agreements must also be refused (see 13/03450/OBL and 13/03451/OBL).

However, if the committee is minded to approve the application, it should not be released until the two current applications for the modifications to the existing S.75 planning agreements have been approved and the agreements have been modified to allow a unit in excess of the 4,000 sq m maximum unit size and to ensure that the proposal will operate within the current retail floorspace cap (71,502 sq m). This will ensure that the unit size restriction will remain in force for any other newly developed units apart from this one breach.

3. Recommendations

3.1 It is recommended that this application be Refused for the reasons below

3.2 Conditions/reasons Conditions:-

Reasons:-

1. The proposal is contrary to Edinburgh City Local Plan Policy Ret 3 as it will add another significant retail offer to this commercial centre compounding its sub-regional role. It has the potential to have significant adverse impacts on City Centre and other commercial centre and does not address a quantitative or qualitative deficiency within the local area.

Development Management Sub Committee – Wednesday 23 October 2013 Page 21 of 33

Statutory Development Plan Provision The development plan comprises the Strategic Development Plan for Edinburgh and South East Scotland (SESplan) and the Edinburgh City Local Plan (ECLP).

The SESplan document has a limited bearing on the current application, as it mainly focuses on the role expected of Local Development Plans. However it does support the well established ‘sequential approach’ to retail location, and expects Local Development Plans (LDPs) to provide strong justification for any departure from the prioritisation of development in or on the edge of town centres. It also indicates strong support for Edinburgh City Centre as the regional shopping hub for the whole of the SESplan area.

The city plan defines Newcraighall/The Jewel (which includes Fort Kinnaird Retail Park) as one of eight Commercial Centres in Edinburgh. The objective of the plan for sustaining and enhancing the city centre and other town centres depends upon limiting the amount and character of further development that takes place in commercial centres. In this regard the city plan (Table 8.2) provides a description of each commercial centre, summarises existing commitments and describes the role that any new development should support.

Newcraighall/The Jewel is described as one of the largest out-of-centre shopping areas in the UK (96,500 sq.m). It is acknowledged that it has been developed in different phases, each with a different character including "bulky goods and large element of 'high street' retailing in Fort Kinnaird retail park. Furthermore the future role of this commercial centre is described as follows:

"No further growth beyond existing approvals to guard against further expansion of sub-regional role. Space for bulky goods retailers needs to be retained. Future development should focus on reconfiguration rather than expansion, to improve environmental quality and internal circulation"

The city plan will be superseded by the Local Development Plan (LDP). This was approved for consultation on 19 March 2013 and published for representations in May 2013. The representations are due to be made public in October 2013. The proposed LDP and representations to the proposed LDP are material considerations.

A further material consideration is the Fort Kinnaird Development Brief. The brief was approved by committee on 26 May 2005 to inform how Fort Kinnaird could be

Development Management Sub Committee – Wednesday 23 October 2013 Page 22 of 33 reconfigured to deliver a more attractive, coherent and better functioning centre based on significant transport infrastructure improvements.

Date registered 19 June 2013

Drawing numbers/Scheme 01 - 09,

David R. Leslie Acting Head of Planning and Building Standards

Development Management Sub Committee – Wednesday 23 October 2013 Page 23 of 33

Links - Policies

Relevant Policies:

Relevant policies of the Edinburgh City Local Plan.

Policy Ret 3 (Commercial Centres) sets criteria for assessing proposals for the reconfiguration or extension of commercial centres.

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

Policy Des 2 (Co-ordinated Development) establishes a presumption against proposals which might compromise the effective development of adjacent land or the wider area.

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

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

Policy Env 17 (Flood Protection) sets criteria for assessing the impact of development on flood protection.

Relevant Non-Statutory Guidelines

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

Appendix 1

Consultations

SEPA comment 08/07/2013

We have no objection to this planning application. Notwithstanding this, please note the advice provided below.

This advice is given without prejudice to any decision made on elements of the proposal regulated by us, which may take account of factors not considered at the planning stage.

Advice for the planning authority

1. Surface Water Drainage

1.1 In accordance with the requirements of The Water Environment (Controlled Activities) (Scotland) Regulations 2011, also known as The Controlled Activity Regulations (CAR) surface water runoff arising from the hardstanding areas, inclusive of road and roofs will require to be collected, treated and disposed of using sustainable drainage techniques. We would expect the developer to design appropriate SUDS in accordance with CIRIA guidance to ensure compliance with the above Regulations.

1.2 We have reviewed the supporting Surface Water Management Plan which accompanies this consultation and can confirm from our perspective that the proposals are satisfactory. We would highlight that the calculations for the sizing of the proposed features is the responsibility of the applicant.

1.3 Comments from Scottish Water, where appropriate, the Local Authority Roads Department and the Local Authority Flood Prevention Unit should be sought on the SUDS strategy in terms of water quantity/flooding and adoption issues.

2. Foul drainage

2.1 We note that foul drainage from the proposal will connect to the existing Scottish Water network and we therefore have no concerns regarding this aspect of the proposal.

2.2 The applicant is dealing directly with SW to confirm that the existing sewerage infrastructure has sufficient capacity to accept the volume of foul drainage arising from this development proposal. We will expect SW to ensure that any connection will not cause or contribute to the operation of existed consented sewer overflows.

3. Waste

3.1 Scottish Planning Policy Paragraph 215 states that “residential, commercial and industrial properties should be designed to provide for waste separation and collection.” In accordance with this policy and PAN 63 Waste Management Planning, space should

Development Management Sub Committee – Wednesday 23 October 2013 Page 25 of 33 be designated within the planning application site layout to allow for the separation and collection of waste, consistent with the type of development proposed. Please consult with your local council’s waste management team to determine what space requirements are required within the application site layout. Some local authorities have an information sheet setting out space requirements. Detailed advice for the applicant

4. Surface Water

4.1 Further information on SUDS design/guidance can be found on our website at http://www.sepa.org.uk/water/water_publications.aspx .

5. Construction Phase, Pollution Prevention

5.1 Construction works associated with the development of the site must be carried out with due regard to the guidelines on avoidance of pollution. Reference should be made to the relevant Pollution Prevention Guidance (PPG) Notes available on our website at www.sepa.org.uk and to the CIRIA publication C651 "Environmental Good Practice Pocket Book".

5.2 Any waste materials imported to the site during construction must be stored and used only in accordance with a waste management licence or exemption under the Waste Management Licensing (Scotland) Regulations 2011. Similarly, any waste materials removed from the site must be disposed of at a suitably licensed or exempt waste management facility in accordance with these Regulations.

5.3 The applicants and their contractors should also be fully aware of the relevant requirements relating to the transport of controlled waste by registered carriers and the furnishing and keeping of duty of care waste transfer notes.

5.4 We will duly expect the applicant to take all necessary measures are in place to ensure that pollutants typically associated with the construction phase of the project do not cause pollution of the environment, specifically the water environment. This should give particular consideration to contaminated surface water run off arising from earthworks, roads, drainage, compounds, concrete batching facilities and any other associated infrastructure.

5.5 We would therefore expect the applicant to install temporary drainage facilities, inclusive of good housekeeping arrangements to manage this aspect of the project. This is a legal requirement of the Controlled Activity Regulations. The system should comply with the rules detailed in GBR’s 10 & 11.

The Coal Authority comment 10/07/2013

As a statutory consultee, the Coal Authority has a duty to respond to planning applications and development plans in order to protect the public and the environment in mining areas.

The Coal Authority Response: Material Consideration

Development Management Sub Committee – Wednesday 23 October 2013 Page 26 of 33 We have reviewed the proposals and confirm that the application site falls within the defined Coal Mining Development Referral Area; therefore within the application site and surrounding area there are coal mining features and hazards which need to be considered in relation to the determination of this planning application.

The applicant has obtained appropriate and up-to-date coal mining information for the proposed development site and has used this information to inform the Addendum Site Investigation Report (June 2013), which accompanies this planning application.

The Addendum Site Investigation Report correctly identifies that the application site has been subject to past coal mining activity. The Coal Authority records indicate that the site is likely to have been subject to historic unrecorded underground coal mining at shallow depth.

The Addendum Site Investigation Report has been informed by an appropriate range of sources of information, including Stage 1 and 2 studies. Based on these initial investigations it was concluded that shallow mine workings pose a potential risk to the proposed development and that further intrusive site investigation works were necessary.

These further intrusive site investigation works were undertaken in 2008, which proved the presence of voids and broken ground at shallow depth. Accordingly, appropriate recommendations are included in Section 7.1 for remedial measures to treat the mine workings and ensure the safety and stability of the site to accommodate the proposed development.

The Coal Authority would take this opportunity to make the applicant aware that our prior written consent is required before the remedial measures are undertaken. We are specifically raising this point, as our records indicate that no such permission was obtained from us prior to the previous site investigations undertaken in 2008.

The Coal Authority Recommendation to the LPA

The Coal Authority is satisfied that the remedial measures proposed by the applicant following intrusive site investigation works set out in the Addendum Site Investigation Report are appropriate to address the coal mining legacy issues present on the application site. The Coal Authority therefore has no objection to the proposed development.

The Coal Authority recommends that the LPA impose a Planning Condition should planning permission be granted for the proposed development, to ensure that these works are undertaken on site prior to commencement of development.

Craigmillar Community Council comment 16/07/2013

Craigmillar Community Council welcomes this proposal. This is still an area of high unemployment and new opportunities are much needed. Two major retailers have recently closed in the park and the jobs they provided are missed. While the proposed tenant is not in the same field as the closures but more upmarket, we don't see honest competition as a barrier to new development and hope the planners view things the same.

Development Management Sub Committee – Wednesday 23 October 2013 Page 27 of 33 Craigmillar is a regeneration area with some 2000 units still to be built, add to that the housing proposed within the local development plan under discussion. We don't think over provision can come into the equation especially as Fort Kinnaird serves much of Edinburgh and the various communities in East and Mid Lothian all of which have housing expansion planned.

Other Community Council Comments - Although Craigmillar Community Council is the community council for the area, comments were received from other community councils as follows:

Portobello Community Council comment 15/07/2013

I write on behalf of Portobello Community Council to support the above application to erect a retail unit at Kinnaird Park.

Portobello Community Council supports this application for many reasons. We welcome the creation of local employment opportunities that this development will bring. We also welcome the improvement in the quality and range of shopping facilities that will be provided at Fort Kinnaird as a result of this development.

This area of the retail park has been blighted by such a large gap site for a considerable number of years now and the regeneration of this area is to be both supported and welcomed. We would also hope that the arrival of a Debenhams store at Fort Kinnaird will attract new retailers to the park and to units that are currently vacant.

We feel that the arrival of a Debenhams store will be a positive asset to the park and will provide a valuable service not only to the south east of Edinburgh but also to East Lothian, Midlothian and beyond.

As the proposed Debenhams store will be considerably smaller than the Debenhams stores in the city centre and at Ocean Terminal and as it has been designed to respond to the increase in internet retailing by providing a ‘click and collect’ service, the community council does not feel that it will have an adverse effect on the operation of the other Debenhams stores in Edinburgh.

For all of the above reasons, Portobello Community Council supports this application to erect a retail unit, which will be occupied by Debenhams, at Kinnaird Park.

Leith Links Community Council comment 08/07/2013

Leith Links Community Council wishes to object to Planning Application 13/02381/FUL for the erection of a 5,612 sq m department store at Fort Kinnaird Retail Park. We note that this will be a large store which will contravene the Planning Obligation that places a restriction on the maximum size of new retail units at Fort Kinnaird. We also note that the proposed Debenhams store will aim to serve their "click and collect" internet sales and this will inevitably increase the number of car journeys to Fort Kinnaird and the number of short visits just to one store.

Retail businesses in Leith have struggled through the financial crisis and the trams project; they do not need or deserve further competition from an out of town development which already draws people away from local retailers.

Development Management Sub Committee – Wednesday 23 October 2013 Page 28 of 33 Fort Kinnaird already suffers from travel congestion at peak times, and a major new store with a specific aim of encouraging easy access to collect internet orders will increase car transport and increase congestion. In contrast to the city centre and Ocean Terminal, Fort Kinnaird is not convenient for public transport from much of north Edinburgh

Leith Central Community Council comment 08/07/2013

Leith Central Community Council wishes to object to this application because it circumvents Local plan Policy Ret3 (Commercial Centres). This is because it can be demonstrated that it would have a significant adverse individual (but also cumulative) impact on Ocean Terminal Shopping Centre. The Supplementary Planning Statement (June 2011) which was produced in support of a planning application for Debenhams to raise the cap on retail floorspace at Fort Kinnaird, forecasts (perhaps conservatively) an impact of 2.3% loss of trade for Ocean Terminal.

However this should be considered together with the estimate that the (already approved) application for a multiplex cinema at Fort Kinnaird would cause an 18% fall in admissions to The Vue complex in Ocean Terminal (Report to Development Management sub committee Wednesday 6th March 2013). The cumulative effect of planning permission being granted for not only this multiplex cinema, but also another Debenhams store, at Fort Kinnaird would undoubtedly affect the viability of the whole Ocean Terminal complex, since these provide an anchor role for the rest of the shopping centre. The consequent reduction in footfall would be bound to have a serious impact on all the other businesses there, including retailers and leisure outlets.

In addition, this loss of trade for Ocean Terminal (which could possibly threaten its viability) would undoubtedly have an adverse effect on the surrounding Leith Area, where development has already been hit by the uncertainty over plans for the Waterfront and the lack of any firm commitment as to the eventual destination of the Tram

Archaeology comment 19/07/2013

This site lies in area of industrial archaeological significance principally relating to the adjacent 19th century Brick Works and Newcraighall Colliery, with the potential also for prehistoric occupation. Given the extensive modern levelling of the site to form Kinnaird Park and the raft foundations planned for the existing site, it is considered that the potential for disturbing any significant archaeological remains is minimal.

Accordingly it has been concluded that there are no known archaeological constraints upon this particular planning application.

Transport comment 22/07/2013

I have no objections to the application.

Development Management Sub Committee – Wednesday 23 October 2013 Page 29 of 33 Environmental Assessment comment 24/07/2013

The applicant proposes developing a single retail unit with two levels with a gross internal floor space of 5612sq m. The applicant has stated that this application seeks no new retail floor space beyond that which already has consent under planning reference (11/00874/FUL). It should be noted that if this proposal is restricted under this floor space cap of 71502sq m then Environmental Assessment would not have any other concerns above what was reported in the 2011 application (11/00874/FUL).

However if this proposal is not included in 71502sq m floor space cap then Environmental Assessment will not be in a position to support the application until further assessments were carried out on additional local air quality and noise impacts.

There are residential properties located adjacent to the west and south of the application site. Existing restrictions are on the hours of loading and unloading of commercial goods and for the access to the site for heavy goods vehicles. Environmental Assessment will recommend various conditions consistent with that under planning reference 11/00874/FUL. This is to ensure that residential amenity is protected from plant noise, amplified noise, dust and light pollution. Contaminated land is currently being assessed and will be commented on separately, a condition will still be recommended until this has been completed.

Environmental Health Officers have previously received noise complaints regarding construction noise from the development of the Kinnaird Park. Construction site noise is regulated under the Control of Pollution Act 1974 to restrict site operations to 07:00- 19:00 Monday to Saturday so that no noise is audible at the site boundary outwith these times. Due to the history of justified complaints Environmental Assessment recommend that this is included as an informative.

Following on from the 2011 application Environmental Assessment recommend an informative to advise that measures are taken to future proof the development with the addition of electric charging points for electric vehicles to be incorporated and included within any green travel plan.

Therefore, Environmental Assessment has no objection to this proposed development subject to the proposal being included in the aforementioned floor space cap and the following conditions:

1. The design, installation and operation of any plant, machinery or equipment shall be such that any associated noise complies with NR25 when measured within any nearby living apartment, and no structure borne vibration is perceptible within any nearby living apartment.

2. Hours of commercial loading and unloading operations shall be restricted between 08:00 hours and 20:00 hours only, Monday to Sunday, unless otherwise first agreed in writing with the Head of Planning.

3. Access to and egress from the site for Heavy Goods Vehicles shall be restricted between 08:00 hours and 20:00 hours only, Monday to Sunday, unless otherwise first agreed in writing with the Head of Planning.

Development Management Sub Committee – Wednesday 23 October 2013 Page 30 of 33 4. The floodlighting system shall be controlled so that there is no direct illumination of neighbouring land, and so that any light spillage onto neighbouring land shall not exceed 25 lux

5. Any living apartment situated close to an electrical substation must be protected from associated noise from the substation. Any associated noise should comply with NR20 when measured within any nearby living apartment with windows open for adequate ventilation.

6. Prior to the commencement of construction works on site:

(a) A site survey ( including intrusive investigation where necessary) must be carried out to establish to the satisfaction of the Head of Planning , either that the level of risk posed to human health and the wider environment by contaminants in, on or under the land is acceptable, or that remedial and/or protective measures could be undertaken to bring the risks to an acceptable level in relation to the development; and

(b) Where necessary, a detailed schedule of any remedial and /or protective measures, including their programming, must be submitted to and approved in writing by the Head of Planning.

Any required remedial and/or protective measures shall be implemented in accordance with the approved schedule and documentary evidence to certify those works shall be provided to the satisfaction of the Head of Planning.

7. The development shall be completed in accordance with the requirements specified in the air quality impact assessment AS 0275 Fort Kinnaird dated 11 March 2011. The requirements are detailed below.

Informative

1. The developer should investigate the installation of electric vehicle charging points

2. Construction site operations are only permitted 07:00-19:00 Monday to Saturday so that no noise is audible at the site boundary outwith these times as enforced under the Control of Pollution Act 1974.

Dust Control Measures a. All mobile plant introduced onto the site shall comply with the emission limits for off road vehicles as specified by EC Directive 97/68/EC. All mobile plant shall be maintained to prevent or minimise the release of dark smoke from vehicle exhausts. Details of vehicle maintenance shall be recorded. b. The developer shall ensure that risk of dust annoyance from the operations is assessed throughout the working day, taking account of wind speed, direction, and surface moisture levels. The developer shall ensure that the level of dust suppression implemented on site is adequate for the prevailing conditions. The assessment shall be recorded as part of documented site management procedures. c. Internal un-surfaced temporary roadways shall be sprayed with water at regular intervals as conditions require. The frequency of road spraying shall be recorded as part of documented site management procedures.

Development Management Sub Committee – Wednesday 23 October 2013 Page 31 of 33 d. Surfaced roads and the public road during all ground works shall be kept clean and swept at regular intervals using a road sweeper as conditions require. The frequency of road sweeping shall be recorded as part of documented site management procedures. e. All vehicles operating within the site on un-surfaced roads shall not exceed 15mph to minimise the re-suspension of dust. f. Where dust from the operations are likely to cause significant adverse impacts at sensitive receptors, then the operation(s) shall be suspended until the dust emissions have been abated. The time and duration of suspension of working and the reason shall be recorded. g. This dust management plan shall be reviewed monthly during the construction project and the outcome of the review shall be recorded as part of the documented site management procedures. h. No bonfires shall be permitted.

Economic Development comment 08/10/2013

1. The Economic Development service of the City of Edinburgh Council has been requested to respond to a consultation on the proposed development of a 5,600m2 retail unit at the Fort Kinnaird retail park by and for Debenhams. This is contrary to an outstanding planning obligation, which caps the size of any retail unit at Fort Kinnaird at 4,000m2. 2. The Economic Development service is unable to unequivocally state what the net impact of the development would be on the economy of Edinburgh. Data which may be relevant to the determination of this application is presented below. 3. In 2007, Edinburgh City Centre Management commissioned a survey of visitors and “non-visitors” (people living within 40 minutes travel time of the city centre who did not routinely visit it) to Edinburgh city centre. Survey respondents were questioned on their preferred destinations for shopping and entertainment. Some of the key data generated from this survey relating to Fort Kinnaird is noted below:

• 33% of people who shopped in Edinburgh city centre also shopped at Fort Kinnaird. This made Fort Kinnaird the fifth most popular complementary shopping destination after The Gyle (53%), Ocean Terminal (43%), Livingston (37%) and McArthur Glen (34%). • 36% of people who shopped in both Edinburgh city centre and Fort Kinnaird visited Fort Kinnaird more than once a month, while 49% visited once every four to six weeks. • 21% of people who did not routinely shop in Edinburgh city centre shopped at Fort Kinnaird. This made Fort Kinnaird the second most popular shopping destination after Livingston (22%) amongst people who did not routinely shop in Edinburgh city centre. • 55% of survey respondents from Musselburgh and Haddington who did not routinely shop in Edinburgh city centre shopped at Fort Kinnaird. • The most common reasons cited for identifying Fort Kinnaird as a preferred shopping destination by non-visitors to the city centre were the quality of the shops (78%), good parking (57%) and the ease of access (52%).

4. The following conclusions can be inferred from this data

Development Management Sub Committee – Wednesday 23 October 2013 Page 32 of 33 • A relatively low proportion of visitors to Edinburgh city centre also shop at Fort Kinnaird, while a relatively high proportion of people who do not visit Edinburgh city centre shop at Fort Kinnaird. This potentially indicates that the catchments of Edinburgh city centre and Fort Kinnaird are relatively distinct compared with other out- of-town shopping centres. • The quality of the retail offering is by far the biggest driver of visits to Fort Kinnaird by people who do not routinely visit Edinburgh city centre.

5. Economic Development would support the current proposal as there is the potential to strengthen the retail offer at Fort Kinnaird which will be particularly important considering the level of growth predicted in the South and East of Edinburgh. Good retail offer in Fort Kinnaird will help to retain spending within the city boundary where there may be competition from other nearby shopping centres such as Straiton. It will also create a number of greatly needed jobs within a fairly deprived area.

6. The aforementioned survey suggests that the catchments of the city centre and Fort Kinnaird are relatively distinct. In addition there is currently a strong focus on improving the city centre retail offer with reference to St James and also potential linked retail/leisure improvements at Registers Lanes. On this basis we don’t consider these schemes or the existing retail offer in the city centre will be adversely affected by this current proposal. Location Plan

© Crown Copyright and database right 2013. All rights reserved. Ordnance Survey License number 100023420 END

Development Management Sub Committee – Wednesday 23 October 2013 Page 33 of 33 Development Management Sub Committee

Wednesday 23 October 2013

Application for Planning Obligation 13/03450/OBL At 1-77 Kinnaird Park, 1-33 Lawhouse Toll, Edinburgh Application for the modification or discharge of Planning Obligations.

Item number Report number Wards A17 - Portobello/Craigmillar

Links

Policies and guidance for CITR3, this application

David R. Leslie Acting Head of Planning and Building Standards

Contact: Ian Williams, Monitoring Officer E-mail:[email protected] Tel: 0131 529 3752

Executive summary

Application for Planning Obligation 13/03450/OBL At 1-77 Kinnaird Park, 1-33 Lawhouse Toll, Edinburgh Application for the modification or discharge of Planning Obligations.

Summary

The section 75 legal agreement as existing imposes a retail floorspace cap and restricts the size of units and type of floorspace that can be developed under permission 11/00874/FUL. These provisions were put in place to prevent Fort Kinnaird from expanding its sub-regional role and to protect the city centre as a regional shopping destination. There has been no substantive change in policy or other material considerations to change this position, therefore, the section 75 in its existing form is still considered to be necessary and should not be modified unless the proposed development under current application 13/02381/FUL is granted planning permission. There are no other material planning considerations. Recommendations

It is recommended that this application be Refused for the reasons below (in section 3 of the main report). Financial impact

There are no financial implications to the Council. Equalities impact

This application was assessed in terms of equalities and human rights. The impacts are identified in the Assessment section of the main report. Sustainability impact

This application is not subject to the sustainability requirements of the Edinburgh Design Guidance. Consultation and engagement

Pre-Application Process

There is no pre-application process history.

Publicity summary of representations and Community Council comments

One representation was received on behalf of Ocean Terminal. This raised the following material issues:

• The proposed modifications specifically apply the retail floor space cap to the new unit; they do not do the same for the mezzanine minimum level. • The modifications to the section 75 obligations are deficient and will not ensure that the proposals do not extend the retail floor space cap. •The proposed modifications do not amend the definition of “New Retail Units” in the original section 75 agreement, which will continue to refer to units permitted by the original outline permission. • Section 75A (3) prevents an application for a modification which imposes an obligation on a non-applicant against whom the planning obligation is enforceable. As "interested parties", the tenants are non-applicants against whom the planning obligation is enforceable. Section 75A (3) therefore requires the modification applications to be refused.

Background reading / external references

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

Development Management Sub Committee – Wednesday 23 October 2013 Page 3 of 11 Report

Application for Planning Obligation 13/03450/OBL At 1-77 Kinnaird Park, 1-33 Lawhouse Toll, Edinburgh Application for the modification or discharge of Planning Obligations. 1. Background

1.1 Site description

The application relates to the Fort Kinnaird Retail Park. The retail park is situated on the eastern edge of the city next to the A1 Musselburgh by-pass. Access to the park is from Newcraighall Road.

The retail park covers approximately 21 hectares and was built in three distinct phases. The first phase was on the north east side of Newcraighall Road (Kinnaird Park). The second phase was on the south side of Newcraighall Road (The Fort). The third phase linked the two areas together which then became Fort Kinnaird.

In the surrounding area there is the A1 to the east, retail and commercial units and some housing on Newcraighall Road to the south, areas of housing to the west and the South Edinburgh railway line and Asda store at the Jewel to the north.

1.2 Site History

September 2005 - outline planning permission was approved, subject to conditions and a legal agreement that required a retail floorspace cap being placed on the development (64,665 sq.m), the delivery of transport infrastructure improvements including provision for a link road to The Wisp, employment initiatives and restrictions on unit sizes and mezzanine floors. Permission was released on 6 June 2006 (Ref: 04/03706/OUT).

2006 onwards - detailed applications (and variations) were submitted and approved for the demolition of existing units and reconfiguration of the floorspace within the site (Ref: 06/02505/REM, Ref: 07/02874/REM, Ref: 07/02874/VAR, Ref: 07/02874/VAR2).

30 December 2011 - a Section 42 application was granted for an amendment to condition 4 attached to outline planning permission (Ref: 04/03706/OUT) to increase the upper floorspace figure for class 1 retail from 64,665 sq m (GIFA) to 71,502 sq m (GIFA).

This consent was the subject a new section 75 agreement to replace the previous section 75 agreement and included restrictions on the maximum retail floorspace size and a revised package of transport improvements (Ref: 11/00874/FUL).

Development Management Sub Committee – Wednesday 23 October 2013 Page 4 of 11 21 February 2012 - proposal of Application Notice received for a Section 42 application for an amendment to condition 3 attached to planning permission 04/03706/OUT (as amended by 11/00874/FUL) to increase the upper floorspace figure for food retailing from 1,380 sq.m Gross Internal Floor Area (GIFA) to 1,555 sq.m (GIFA) (Ref: 12/00537/PAN).

29 March 2012 - the owners of Ocean Terminal Shopping Centre submitted a petition to the Court of Session seeking a judicial review of the decision to increase the upper floorspace figure for class 1 retail from 64,665 sq m (GIFA) to 71,502 sq m (GIFA) (Ref: 11/00874/FUL).

The petition was originally submitted on grounds that the planning authority had not had proper regard to the sequential test for new retail units. The petition was then expanded to also claim that the section 75 agreement did not conform to the committee decision in that it allowed retail units to exceed the intended 4,000 sq m maximum floorspace size. This petition was due to be heard on 9 October 2012.

2 October 2012 – the applicant withdrew the application for the detailed design of retail units as this application included a unit that exceeded the intended floorpsace size (Ref: 12/02089/AMC).

5 October 2012 – the applicant submitted a Unilateral Obligation. This was to ensure that there was a legal agreement covering the site that conformed in full with the committee decision to limit the floorspace of any retail unit to 4,000 sq m maximum.

9 October 2012 - the Council received confirmation that the owners of Ocean Terminal Shopping Centre were no longer pursuing a Judicial Review.

20 November 2012 – the applicant submitted a PAN for the proposed development of a retail unit not exceeding a total of 5,700 sq m (Gross Internal Area) over two levels (Ref: 12/04119/PAN).

23 November 2012 – permission was approved for the detailed design of restaurant and café units and works to the public realm pursuant to applications 04/03706/OUT and 11/00874/FUL (Ref: 12/02085/AMC).

26 November 2012 - planning permission granted for the demolition of existing offices and erection of a new management suite and public toilets (Ref: 12/02092/FUL). 2. Main report

2.1 Description Of The Proposal

The application seeks to modify the legal agreement relating to planning permission reference 11/00874/FUL. The applicant wishes to amend this agreement in terms of Clause 4.1 - retail floor space and Clause 13.4 - release and discharge.

Within Clause 4.1 they wish to add at the end of the clause the following words: "For the avoidance of doubt, the retail floor space cap of 71,502 square metres shall include within it the retail floor space of 5,612 square metres permitted by planning permission reference 13/02381/FUL ("the 2013 planning permission"). Notwithstanding the grant of the 2013 planning permission, the retail floor space cap on the agreement subjects shall remain 71,502 square metres".

Development Management Sub Committee – Wednesday 23 October 2013 Page 5 of 11

It is requested that Clause 13.4 be deleted. This clause indicates that nothing in the agreement should prohibit or limit the right to develop any part of Fort Kinnaird in accordance with a planning permission granted after this agreement is concluded.

Supporting Statement

The applicant's Solicitor has submitted a letter, a supporting planning statement, a legal supporting statement, a copy of a plan of the site and a copy of the agreement signed and dated on 5 December 2011.

The conclusions given in the supporting planning statement state 'the discharge of the current planning obligation and its replacement with a fresh planning obligation will allow for the development of the proposed unit at Fort Kinnaird. No new retail space, other than floorspace which is already approved by previous planning applications is involved in the proposal. A unit of the scale, format and type proposed is not prohibited by relevant planning policy. Specifically, relevant planning policy does not prohibit department stores within commercial centres. Nevertheless, the proposal has been reviewed and assessed in relation to the sequential approach and retail impact and also in relation to qualitative issues. This statement concludes that the proposed unit is acceptable in relation to all these matters and that the discharge of the planning obligation would not undermine relevant planning policy'.

The legal supporting statement states that in relation to the deletion of Clause 13.4 'retaining this clause in the 2011 agreement would mean that any future planning permissions granted for retail development at Fort Kinnaird (including the 2013 planning application) would not be subject to the restrictions imposed by the 2011 agreement. In particular, this means that any future planning permissions for retail development would not be subject to the retail floor space cap of 71,502 square metres imposed by the 2011 agreement. The deletion would ensure that retail development at Fort Kinnaird (including the 2013 planning application) could not lawfully exceed the retail floor space cap of 71,502 square metres'.

With regard to the revision of Clause 4.1, the legal supporting statement states 'the proposed modification will provide an additional confirmation that the retail floor space cap of 71,502 square metres would include, as a component part of this figure, the retail floor space of 5,612 square metres sought by the 2013 planning application' (Ref: 13/02381/FUL). 'The reason for this modification is to provide an express declaration that the development proposed by the 2013 planning application would be built out under the retail floor space cap of 71,502 square metres and therefore confirm that the 2013 planning application would not create additional retail floor space'.

Correspondence was received on behalf of the applicants in response to the representation on behalf of Ocean Terminal, which are summarised as follows:

The modification only refers to the retail floor space cap in the agreement; no further modification is needed to the definition of the "new retail units" as this was suitably amended in the 2012 Unilateral Obligation; the definition of the "mezzanine minimum level" does not restrict its application to floor space granted under the 2011 planning permission and it will continue to apply across Fort Kinnaird to any new retail units regardless to which planning permission they relate; and the suggestion that Section 75a (3) applies is irrelevant.

Development Management Sub Committee – Wednesday 23 October 2013 Page 6 of 11 The documents are available to view on the Planning and Building Standards online services.

2.2 Determining Issues

Do the proposals comply with the development plan?

If the proposals do comply with the development plan, are there any compelling reasons for not approving them?

If the proposals do not comply with the development plan, are there any compelling reasons for approving them?

2.3 Assessment

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

a) the modification of the agreement as proposed results in any unacceptable impacts; b) the representations raise issues to be addressed; and c) there are any equalities issues to be addressed. a) The application seeks to modify the legal agreement tied to the 11/00874/FUL planning permission.

The section 75 legal agreement as existing imposes a retail floorspace cap and restricts the size of units and type of floorspace that can be developed under Permission 11/00874/FUL. These provisions were put in place to prevent Fort Kinnaird from expanding its sub-regional role and to protect the city centre as a regional shopping destination. There has been no substantive change in policy or other material considerations to change this position, therefore, the section 75 in its existing form is still considered to be necessary and should not be modified.

The modifications requested are only necessary to allow an approval of the current application for a new large retail unit (13/02381/FUL) to be implemented without being in breach of the existing planning obligations tied to the land. Although the recommendation is to refuse that application, should it be approved it would be necessary to approve the proposed modifications to the legal agreement. b) Representations have been received, which relate jointly to this application and to both the 13/03451/OBL and 13/02381/FUL applications.

There are existing legal agreements and a unilateral obligation tied to the land, which have been concluded between the Council and the applicants. Only the suggested alterations can now be considered under this 13/03450/OBL application.

The agreement which is proposed to be modified was concluded so that the 11/00874/FUL application could be considered acceptable and reflects that application. The application was for an amendment to condition 4 attached to planning permission Ref: 04/03706/OUT to increase the upper floor space figure for class 1 retail from 64,665 square metres (gross internal floor area) to 71,502 square metres (GIFA).

Development Management Sub Committee – Wednesday 23 October 2013 Page 7 of 11

The objections raised the following material considerations:

The modifications are deficient and will not ensure that the proposals do not extend the retail floor space cap. With the additional insertion at the end of clause 4.1 the proposed alterations do not extend the agreed retail floor space cap, which is the subject of the 11/00874/FUL application and tied agreement.

The mezzanine minimum level restriction would need to be adjusted to reflect the proposed development under the 13/02381/FUL application. This application does not include any additional mezzanine floor space and does not therefore affect the mezzanine minimum level requirements, which would not need to be amended as a result. The proposed building would be located on land to which the existing agreement and unilateral obligation is tied. Any future mezzanine application for this building would be subject to this obligation.

The "new retail unit" in the original agreement will continue to refer to units permitted by the original outline permission. The "new retail unit" definition has been amended by the concluded unilateral obligation. This places limits on the development of new retail units and the proposed modification is purely to reflect the new retail development proposal under the 13/02381/FUL application.

Section 75A (3) does not allow any application for a modification imposing an obligation on a non-applicant against whom the obligation would be enforceable. Section 75A (3) is not considered relevant following a consultation with legal services colleagues as in their view the planning obligation (and any subsequent modification) is not enforceable against the tenants at Fort Kinnaird and is only enforceable against the applicants. c) There are no equalities issues to be considered.

Conclusion

In conclusion, there has been no substantive change in policy or other material considerations to support the modifications to the existing legal agreements and as such, the section 75 in its existing form is still considered to be necessary and should not be modified unless the proposed development under current application 13/02381/FUL is granted planning permission. There are no other material planning considerations.

3. Recommendations

3.1 It is recommended that this application be Refused for the reasons below

3.2 Conditions/reasons Conditions:-

Development Management Sub Committee – Wednesday 23 October 2013 Page 8 of 11 Reasons:-

1. The section 75 legal agreement as existing imposes a retail floorspace cap and restricts the size of units and type of floorspace that can be developed under Permission 11/00874/FUL. These provision were put in place to prevent Fort Kinnaird from expanding its sub-regional role and to protect the city centre as a regional shopping destination. There has been no substantive change in policy or other material considerations to change this position, therefore, the section 75 in its existing form is still considered to be necessary and should not be modified

Statutory Development Plan Provision The Edinburgh City Local Plan defines Newcraighall/The Jewel (which includes Fort Kinnaird Retail Park) as one of eight Commercial Centres in Edinburgh.

Date registered 28 August 2013

Drawing numbers/Scheme ,

David R. Leslie Acting Head of Planning and Building Standards

Development Management Sub Committee – Wednesday 23 October 2013 Page 9 of 11

Links - Policies

Relevant Policies:

Policy Ret 3 (Commercial Centres) sets criteria for assessing proposals for the reconfiguration or extension of commercial centres.

Appendix 1

Consultations

No Consultations received.

Location Plan

© Crown Copyright and database right 2013. All rights reserved. Ordnance Survey License number 100023420 END

Development Management Sub Committee – Wednesday 23 October 2013 Page 11 of 11 Development Management Sub Committee

Wednesday 23 October 2013

Application for Planning Obligation 13/03451/OBL At 1-77 Kinnaird Park, 1-33 Lawhouse Toll, Edinburgh Application for the modification or discharge of Planning Obligations.

Item number Report number Wards A17 - Portobello/Craigmillar

Links

Policies and guidance for CITR3, this application

David R. Leslie Acting Head of Planning and Building Standards

Contact: Ian Williams, Monitoring Officer E-mail:[email protected] Tel:0131 529 3752

Executive summary

Application for Planning Obligation 13/03451/OBL At 1-77 Kinnaird Park, 1-33 Lawhouse Toll, Edinburgh Application for the modification or discharge of Planning Obligations.

Summary

The section 75 legal agreement as existing imposes a retail floorspace cap and restricts the size of units and type of floorspace that can be developed under Permission 11/00874/FUL. These provisions were put in place to prevent Fort Kinnaird from expanding its sub-regional role and to protect the city centre as a regional shopping destination. There has been no substantive change in policy or other material considerations to change this position, therefore, the section 75 in its existing form is still considered to be necessary and should not be modified unless the proposed development under current application 13/02381/FUL is granted planning permission. There are no other material planning considerations. Recommendations

It is recommended that this application be Refused for the reasons below (in section 3 of the main report). Financial impact

There are no financial implications to the Council. Equalities impact

This application was assessed in terms of equalities and human rights. The impacts are identified in the Assessment section of the main report. Sustainability impact

This application is not subject to the sustainability requirements of the Edinburgh Design Guidance. Consultation and engagement

Pre-Application Process

There is no pre-application process history.

Publicity summary of representations and Community Council comments

One representation was received on behalf of Ocean Terminal. This raised the following material issues:

• The proposed modifications specifically apply the retail floor space cap to the new unit; they do not do the same for the mezzanine minimum level. • The modifications to the section 75 obligations are deficient and will not ensure that the proposals do not extend the retail floor space cap. • The proposed modifications do not amend the definition of “New Retail Units” in the original section 75 agreement, which will continue to refer to units permitted by the original outline permission. • Section 75A (3) prevents an application for a modification which imposes an obligation on a non-applicant against whom the planning obligation is enforceable. As "interested parties", the tenants are non-applicants against whom the planning obligation is enforceable. Section 75A (3) therefore requires the modification applications to be refused.

Background reading / external references

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

Development Management Sub Committee – Wednesday 23 October 2013 Page 3 of 11 Report

Application for Planning Obligation 13/03451/OBL At 1-77 Kinnaird Park, 1-33 Lawhouse Toll, Edinburgh Application for the modification or discharge of Planning Obligations. 1. Background

1.1 Site description

The application relates to the Fort Kinnaird Retail Park. The retail park is situated on the eastern edge of the city next to the A1 Musselburgh by-pass. Access to the park is from Newcraighall Road.

The retail park covers approximately 21 hectares and was built in three distinct phases. The first phase was on the north east side of Newcraighall Road (Kinnaird Park). The second phase was on the south side of Newcraighall Road (The Fort). The third phase linked the two areas together which then became Fort Kinnaird.

In the surrounding area there is the A1 to the east, retail and commercial units and some housing on Newcraighall Road to the south, areas of housing to the west and the South Edinburgh railway line and Asda store at the Jewel to the north.

1.2 Site History

September 2005 - outline planning permission was approved, subject to conditions and a legal agreement that required a retail floorspace cap being placed on the development (64,665 sq.m), the delivery of transport infrastructure improvements including provision for a link road to The Wisp, employment initiatives and restrictions on unit sizes and mezzanine floors. Permission was released on 6 June 2006 (Ref: 04/03706/OUT).

2006 onwards - detailed applications (and variations) were submitted and approved for the demolition of existing units and reconfiguration of the floorspace within the site (Ref: 06/02505/REM, Ref: 07/02874/REM, Ref: 07/02874/VAR, Ref: 07/02874/VAR2).

30 December 2011 - a Section 42 application was granted for an amendment to condition 4 attached to outline planning permission (Ref: 04/03706/OUT) to increase the upper floorspace figure for class 1 retail from 64,665 sq m (GIFA) to 71,502 sq m (GIFA).

This consent was the subject a new section 75 agreement to replace the previous section 75 agreement and included restrictions on the maximum retail floorspace size and a revised package of transport improvements (Ref: 11/00874/FUL).

Development Management Sub Committee – Wednesday 23 October 2013 Page 4 of 11 21 February 2012 - Proposal of Application Notice received for a Section 42 application for an amendment to condition 3 attached to planning permission 04/03706/OUT (as amended by 11/00874/FUL) to increase the upper floorspace figure for food retailing from 1,380 sq.m Gross Internal Floor Area (GIFA) to 1,555 sq.m (GIFA) (Ref: 12/00537/PAN).

29 March 2012 - the owners of Ocean Terminal Shopping Centre submitted a petition to the Court of Session seeking a judicial review of the decision to increase the upper floorspace figure for class 1 retail from 64,665 sq m (GIFA) to 71,502 sq m (GIFA) (Ref: 11/00874/FUL).

The petition was originally submitted on grounds that the planning authority had not had proper regard to the sequential test for new retail units. The petition was then expanded to also claim that the section 75 agreement did not conform to the committee decision in that it allowed retail units to exceed the intended 4,000 sq m maximum floorspace size. This petition was due to be heard on 9 October 2012.

2 October 2012 – the applicant withdrew the application for the detailed design of retail units as this application included a unit that exceeded the intended floorpsace size (Ref: 12/02089/AMC).

5 October 2012 – the applicant submitted a Unilateral Obligation. This was to ensure that there was a legal agreement covering the site that conformed in full with the committee decision to limit the floorspace of any retail unit to 4,000 sq m maximum.

9 October 2012 - the Council received confirmation that the owners of Ocean Terminal Shopping Centre were no longer pursuing a Judicial Review.

20 November 2012 – the applicant submitted a PAN for the proposed development of a retail unit not exceeding a total of 5,700 sq m (Gross Internal Area) over two levels (Ref: 12/04119/PAN).

23 November 2012 – permission was approved for the detailed design of restaurant and café units and works to the public realm pursuant to applications 04/03706/OUT and 11/00874/FUL (Ref: 12/02085/AMC).

26 November 2012 - planning permission granted for the demolition of existing offices and erection of a new management suite and public toilets (Ref: 12/02092/FUL). 2. Main report

2.1 Description Of The Proposal

The application seeks to modify the unilateral obligation legal agreement made by the applicants and signed on the 4 October 2012. The applicants wishes to amend this agreement in terms of Clause 3.2.1 - the unilateral agreement.

It is requested that Clause 3.2.1 (iv) be deleted and insert in its place the following: "(iv) Subject to the terms of Clause 3.2.1 (v), no new retail unit shall have a retail floor space greater than four thousand (4,000) square metres; and (v) One new retail unit may have a retail floor space of up to and including five thousand, six hundred and twelve (5,612) square metres".

Development Management Sub Committee – Wednesday 23 October 2013 Page 5 of 11

Supporting Statement

The applicant's Solicitor has submitted a letter, a supporting planning statement, a legal supporting statement, a copy of a plan of the site and a copy of the agreement signed and dated on 5 December 2011.

The conclusions given in the supporting statement state 'the discharge of the current planning obligation and its replacement with a fresh planning obligation will allow for the development of the proposed unit at Fort Kinnaird. No new retail space, other than floorspace which is already approved by previous planning applications is involved in the proposal. A unit of the scale, format and type proposed is not prohibited by relevant planning policy. Specifically, relevant planning policy does not prohibit department stores within commercial centres. Nevertheless, the proposal has been reviewed and assessed in relation to the sequential approach and retail impact and also in relation to qualitative issues. This statement concludes that the proposed unit is acceptable in relation to all these matters and that the discharge of the planning obligation would not undermine relevant planning policy'.

The legal supporting statement states that this obligation change is required to enable any authorisation of the 13/02381/FUL application to be implemented and that this would be built out under the existing retail floor space cap. As the 13/02381/FUL application would not involve any additional floor space, the RET 3 Policy in the Edinburgh City Local Plan would not be relevant. The proposed new retail unit would result in a relatively modest 0.6% reduction in turnover in the City Centre and a 2.3% reduction in turnover at Ocean Terminal and as such would be acceptable in planning terms.

Correspondence was received on behalf of the applicants in response to the representation on behalf of Ocean Terminal, which are summarised as follows:

The modification only refers to the retail floor space cap in the agreement; no further modification is needed to the definition of the "new retail units" as this was suitably amended in the 2012 Unilateral Obligation; the definition of the "mezzanine minimum level" does not restrict its application to floor space granted under the 2011 planning permission and it will continue to apply across Fort Kinnaird to any new retail units regardless to which planning permission they relate; and the suggestion that Section 75a (3) applies is irrelevant.

The documents are available to view on the Planning and Building Standards Portal.

2.2 Determining Issues

Do the proposals comply with the development plan?

If the proposals do comply with the development plan, are there any compelling reasons for not approving them?

If the proposals do not comply with the development plan, are there any compelling reasons for approving them?

Development Management Sub Committee – Wednesday 23 October 2013 Page 6 of 11 2.3 Assessment

To address these determining issues, the Committee needs to consider whether: a) the modification of the agreement as proposed results in any unacceptable impacts; b) the representations raise issues to be addressed; and c) there are any equalities issues to be addressed. a) The application seeks to modify the legal agreement tied to the 11/00874/FUL planning permission.

The section 75 legal agreement as existing imposes a retail floorspace cap and restricts the size of units and type of floorspace that can be developed under Permission 11/00874/FUL. These provisions were put in place to prevent Fort Kinnaird from expanding its sub-regional role and to protect the city centre as a regional shopping destination. There has been no substantive change in policy or other material considerations to change this position, therefore, the section 75 in its existing form is still considered to be necessary and should not be modified.

The modifications requested are only necessary to allow an approval of the current application for a new large retail unit (13/02381/FUL) to be implemented without being in breach of the existing planning obligations tied to the land. Although the recommendation is to refuse that application, should it be approved, it would be necessary to approve the proposed modifications to the legal agreement. b) Representations have been received, which relate jointly to this application and to both the 13/03451/OBL and 13/02381/FUL applications.

There are existing legal agreements and a unilateral obligation tied to the land, which have been concluded between the Council and the applicants. Only the suggested alterations can now be considered under this 13/03450/OBL application.

The agreement which is proposed to be modified was concluded so that the 11/00874/FUL application could be considered acceptable and reflects that application. The application was for an amendment to condition 4 attached to planning permission Ref: 04/03706/OUT to increase the upper floor space figure for class 1 retail from 64,665 square metres (gross internal floor area) to 71,502 square metres (GIFA).

The objections raised the following material considerations:

The modifications are deficient and will not ensure that the proposals do not extend the retail floor space cap.

With the additional insertion at the end of clause 4.1 the proposed alterations do not extend the agreed retail floor space cap, which is the subject of the 11/00874/FUL application and tied agreement.

Development Management Sub Committee – Wednesday 23 October 2013 Page 7 of 11

The mezzanine minimum level restriction would need to be adjusted to reflect the proposed development under the 13/02381/FUL application.

This application does not include any additional mezzanine floor space and does not therefore affect the mezzanine minimum level requirements, which would not need to be amended as a result. The proposed building would be located on land to which the existing agreement and unilateral obligation is tied. Any future mezzanine application for this building would be subject to this obligation.

The "new retail unit" in the original agreement will continue to refer to units permitted by the original outline permission.

The "new retail unit" definition has been amended by the concluded unilateral obligation. This places limits on the development of new retail units and the proposed modification is purely to reflect the new retail development proposal under the 13/02381/FUL application.

Section 75A (3) does not allow any application for a modification imposing an obligation on a non-applicant against whom the obligation would be enforceable.

Section 75A (3) is not considered relevant following a consultation with legal services colleagues as in their view the planning obligation (and any subsequent modification) is not enforceable against the tenants at Fort Kinnaird and is only enforceable against the applicants. c) There are no equalities issues to be considered.

Conclusion

In conclusion, there has been no substantive change in policy or other material considerations to support the modifications to the existing legal agreements and as such, the section 75 in its existing form is still considered to be necessary and should not be modified unless the proposed development under current application 13/02381/FUL is granted planning permission. There are no other material planning considerations.

3. Recommendations

3.1 It is recommended that this application be Refused for the reasons below

3.2 Conditions/reasons Conditions:-

Reasons:-

1. The section 75 legal agreement as existing imposes a retail floorspace cap and restricts the size of units and type of floorspace that can be developed under Permission 11/00874/FUL. These provision were put in place to prevent Fort Kinnaird from expanding its sub-regional role and to protect the city centre as a regional shopping destination. There has been no substantive change in policy or other material

Development Management Sub Committee – Wednesday 23 October 2013 Page 8 of 11 considerations to change this position, therefore, the section 75 in its existing form is still considered to be necessary and should not be modified

Statutory Development Plan Provision The Edinburgh City Local Plan defines Newcraighall/The Jewel (which includes Fort Kinnaird Retail Park) as one of eight Commercial Centres in Edinburgh.

Date registered 28 August 2013

Drawing numbers/Scheme ,

David R. Leslie Acting Head of Planning and Building Standards

Development Management Sub Committee – Wednesday 23 October 2013 Page 9 of 11

Links - Policies

Relevant Policies:

Policy Ret 3 (Commercial Centres) sets criteria for assessing proposals for the reconfiguration or extension of commercial centres.

Appendix 1

Consultations

No Consultations received.

Location Plan

© Crown Copyright and database right 2013. All rights reserved. Ordnance Survey License number 100023420 END

Development Management Sub Committee – Wednesday 23 October 2013 Page 11 of 11 Development Management Sub Committee

Wednesday 23 October 2013

REPORT ON FORTHCOMING APPLICATION BY IBG STAKEHOLDERS (NEW INGLISTON LTD, MURRAY ESTATES

LOTHIAN LTD, FSH AIRPORT (EDINBURGH) SERVICES LTD) AT LAND NORTH OF A8 WEST EDINBURGH

Item number Report number Background Papers 13/03146/PAN Wards A01 – Almond

David R. Leslie Acting Head of Planning and Building Standards

Contact: Bruce Nicolson, Principal Practitioner E-mail: [email protected] | Tel: 0131 529 3609

REPORT ON FORTHCOMING APPLICATION BY IBG STAKEHOLDERS (NEW INGLISTON LTD, MURRAY ESTATES

LOTHIAN LTD, FSH AIRPORT (EDINBURGH) SERVICES LTD) AT LAND NORTH OF A8 WEST EDINBURGH

Summary

To inform the Development Management Sub-Committee of a forthcoming application for planning permission for a major mixed-use development at land north of the A8. In accordance with the provisions of the Town & Country Planning (Scotland) Act 1997, as amended, the applicants submitted a Proposal of Application Notice on 8 August 2013. Recommendations

It is recommended that the Committee notes the key issues at this stage and advises of any other issues. Financial impact

The Council owns land within the site boundary (Park and Ride Facilities). The application will need to be assessed to determine if there are financial implications for the Council. Equalities impact

This is a pre-application report. When a planning application is submitted it will be assessed in terms of equalities and human rights. Sustainability impact

A sustainability statement will need to be submitted with the application. Community consultation

The Proposal of Application Notice (13/03146/PAN) outlined drop-in public exhibitions held on 4 and 27 September 2013 at the Hilton Hotel, near Edinburgh Airport. The results of the community consultation will be submitted with the application as part of the Report on Community Consultation.

Background reading / external references

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

Page 2 of 8 REPORT ON FORTHCOMING APPLICATION BY IBG STAKEHOLDERS (NEW INGLISTON LTD, MURRAY ESTATES LOTHIAN LTD, FSH AIRPORT (EDINBURGH) SERVICES LTD AT LAND NORTH OF A8 WEST EDINBURGH ckground

1.1 Purpose of the Report To inform the Development Management Sub-Committee of a forthcoming application for planning permission for a major mixed-use development at land north of the A8. Pre-application reports give the Committee an opportunity to raise issues which it would like to see addressed by the planning application. 1.2 Site description The application site is bounded by the A8 to the south, Eastfield Road to the west, the Gogar Burn to the north and fields to the east. Part of the site is currently occupied by park and ride facilities. The tram line runs through the site and the site contains one tram halt. 1.3 Site History Prior to 2004, the development plan did not support development in West Edinburgh beyond the boundaries of the airport and the Highland Showground unless related to the needs of agriculture and other uses appropriate to the rural character of the area. The land was, and remains, part of the Edinburgh Green Belt – and will remain so until the Local Development Plan is adopted sometime in 2015.

With the publication of the first West Edinburgh Planning Framework by the Scottish Government in 2003 and a finalised Rural West Edinburgh Local Plan (RWELP) later the same year, the prospect of commercial development in this location has increased, although support for such was principally related to the needs of the airport and showground. It was not until the publication of a revised West Edinburgh Planning Framework in 2008 that the prospect of, and support for, development beyond the boundaries of the airport and showground first emerged; and which is now a feature of the RWELP Alteration. The support for development is, however, qualified and dependent upon essential infrastructure being in place to support it. This support also includes acceptance in principle of a range of airport related and other ancillary uses e.g. conference facilities, considered important to the creation of a sustainable place.

The emerging replacement development plan through the approved Strategic Development Plan and Proposed Local Development Plan continue to support in principle development in West Edinburgh.

Page 3 of 8 With regard to planning applications that have been submitted on land to the east of Eastfield Road, planning records show that applications for hotel and/or conference and leisure facilities have been consistently refused planning permission or withdrawn. The exception being the grant of planning permission for the Ingliston park and ride facility in July 2004 (ref: 04/00362/CEC).

Until circa 2010 the land was used as arable agricultural farm land. The Ingliston park and ride facility and a tram line and halt lie within the application site.

2. Main report

2.1 Description of the Proposal The forthcoming application will be for Planning Permission in Principle.

It is anticipated that the development will comprise:

 Business and employment uses (Class 4 & 6),

 Hotels,

 Ancillary uses including retail (Class 1), financial and professional services (Class 2), food and drink (class 3), residential institutions (class 8), residential (Class 9), non-residential institutions (Class 10), assembly and leisure (Class 11), sui generis flatted development and other related associated works including car parking, servicing, access arrangements and public realm.

2.2 Key Issues The key considerations against which the application will be assessed include whether: a) the land use would be acceptable in principle having regard to the development plan

Rural West Edinburgh Local Plan Alteration 2011 allocates the land for International Business Gateway, Park and Ride and Airport expansion. Policy ED6a International Business Gateway states “In recognition of its importance to the national economy, proposals for the development of an International Business Gateway within the boundaries defined on the Proposals Map will be supported. The following uses are supported in principle: - International business development (as described in paragraph 6.31); - Hotel and conference facilities; - Uses ancillary to international business development, such as child nursery facilities, restaurants and health and sports clubs. All IBG proposals must accord with the West Edinburgh Strategic Design Framework and be consistent with an approved master plan. Proposals should be acceptable in terms of:

Page 4 of 8 - scale and location; - accessibility by public transport, pedestrians and cyclists:- The proposed uses will be assessed against this and other the criteria set out within the Local Plan.

b) the design and layout are acceptable and accord with the development plan and the West Edinburgh Strategic Design Framework.

Key design considerations will include;

a) the creation of place, b) delivery of a development quality befitting a city gateway, c) a master planned and phased development which creates a cohesive place, d) a balance of uses and spaces which create an attractive environment, e) the height of the development and key views, f) open space and landscaping, g) a high quality palate of materials to both buildings and streetscape. c) access arrangements are acceptable in terms of road safety and public transport accessibility The proposal should deliver a sustainable travel pattern with pedestrian and cycle priority. Linkage to the existing urban area should be an early priority.

The site contains an area of land to be safeguarded for the expansion of the tram line to Newbridge. d) there are any other environmental factors that require consideration

The application will require an Environmental Impact Assessment (EIA). In order to support it is anticipated the application the following supporting documents will be submitted:  Transport Impact Assessment and Travel Plan  Flood Risk Assessment including Drainage Strategy  Drainage Impact Assessment  Noise Impact Assessment  Desk Top Archaeology Report  Site Investigation  Design and Access Statement  Planning Statement  Masterplan  Phasing Plan  Sustainability Statement Form  Pre-application Consultation Report

Page 5 of 8 2.3 Related proposals Proposals to develop enhanced car parking facilities at the Ingliston Park and Ride facility are expected to be brought forward through a separate application. It is important that proposals are integrated and the masterplanning processes aligned to ensure that development is co-ordinated and delivers the type and quality of place that is described in the West Edinburgh Strategic Design Framework.

2.4 Conclusion This report highlights the main issues that are likely to arise in relation to the various key considerations. This list is not exhaustive and further matters may arise when the new application is received, and consultees and the public have had the opportunity to comment. 3. Recommendations

3.1 It is recommended that the Committee notes the key issues at this stage and advises of any other issues

David R. Leslie Acting Head of Planning and Building Standards

Page 6 of 8 Appendix 1

Location Plan

Page 7 of 8

Development Management Sub Committee

Wednesday 23 October 2013

REPORT ON FORTHCOMING APPLICATION BY AMA (New Town) Ltd. FOR DETAIL PROPOSALS FOR DEMOLITION

AND REDEVELOPMENT OF SITE FOR RESIDENTIAL AND OFFICE DEVELOPMENT AT LAND 59, 60 BELFORD ROAD EDINBURGH

Item number Report number Background Papers 13/02767/PAN Wards A05 – INVERLEITH

David R. Leslie Acting Head of Planning and Building Standards

Contact: Bruce Nicolson, Principal Practitioner E-mail: [email protected] | Tel: 0131 529 3609

REPORT ON FORTHCOMING APPLICATION BY AMA (New Town) Ltd. FOR DETAILED PROPOSALS FOR DEMOLITION

AND REDEVELOPMENT OF SITE FOR RESIDENTIAL AND OFFICE DEVELOPMENT AT LAND 59, 60 BELFORD ROAD EDINBURGH

Summary

To inform the Development Management Sub-Committee of a forthcoming application for planning permission for a major mixed-use development at 59 and 60 Belford Road. In accordance with the provisions of the Town & Country Planning (Scotland) Act 1997, as amended, the applicants submitted a Proposal of Application Notice on 7 June 2013. Recommendations

It is recommended that the Committee notes the key issues at this stage and advises of any other issues. Financial impact

There are no financial implications for the Council. Equalities impact

This is a pre-application report. When a planning application is submitted it will be assessed in terms of equalities and human rights. Sustainability impact

A sustainability statement will need to be submitted with the application. Community consultation

The Proposal of Application Notice (13/02767/PAN) outlined a drop-in public exhibition held on 28 August 2013 at the Arthur Conan Doyle Centre, 25 Palmerston Place. The results of the community consultation will be submitted with the application as part of the Report on Community Consultation.

The applicant has undertaken earlier community consultation on 26 June 2012. The result of this event has been summarised by the applicant and is included for information in Appendix 2. Between this event and the event of 28 August, the applicant has explored the viability of various options for the site, including the retention of Douglas House. This exercise has demonstrated to the applicant that the only commercially viable option is the complete demolition of Douglas and Belford Houses and the redevelopment of the site.

Page 2 of 10 Background reading / external references

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

Page 3 of 10

REPORT ON FORTHCOMING APPLICATION BY AMA (New Town) Ltd. FOR DETAILED PROPOSALS FOR DEMOLITION

AND REDEVELOPMENT OF SITE FOR RESIDENTIAL AND OFFICE DEVELOPMENT AT LAND 59, 60 BELFORD ROAD EDINBURGH

Background

1.1 Purpose of the Report To inform the Development Management Sub-Committee of a forthcoming application for planning permission for a major mixed-use development at 59 and 60 Belford Road. Pre-application reports gives the Committee an opportunity to raise issues which it would like to see addressed in the planning application. 1.2 Site description The application site is bounded by Belford Road to the south, Sunbury Mews to the east, and modern residential development to the north and west with the Water of Leith corridor beyond. The site is currently occupied by two linked office buildings; one of Edwardian construction and the other erected in the 1980s. The site slopes steeply from south to north. The surrounding area is predominantly residential in nature with the exception of the category B-listed former church set directly across Belford Road, which operates as a hostel. The residential properties are of varying ages and scales with traditional tenements and mews properties and modern townhouses and flatted dwellings all in close proximity. The site lies within the Dean Conservation Area and the Edinburgh World Heritage Site. 1.3 Site History The site contains office accommodation.

2011 - Planning permission refused for the demolition of the existing building and erection of a residential and flatted development, (Reference:- 09/01803/FUL).

Reason for decision:

The proposal does not comply with the Edinburgh City Local Plan policies and the Non statutory Guideline on Daylighting, Privacy and Sunlight as it would adversely affect the character and appearance of the conservation area and harm neighbouring amenity.

2011 – Conservation Area Consent refused for demolition of the existing building (Reference:-09/01803/CON).

Reason for decision:

Page 4 of 10 The proposal does not comply with the Edinburgh City Local Plan policy as it would be detrimental to the character of the conservation area.

2011 – Appeal dismissed for planning permission and conservation area consent (PPA- 230-2054 and conservation area consent appeal reference: CAC-230-23).

No other relevant applications.

2. Main report

2.1 Description of the Proposal The forthcoming application will be for detailed Planning Permission.

It is anticipated that the development will comprise:

 Approximately 50 residential units comprising a mix of apartments and town houses.

 Approximately 400 m2 of commercial/office.

Vehicular access is proposed on Sunbury Mews. Pedestrian and cycle access is proposed from Belford Road and Sunbury Mews.

2.2 Key Issues The key considerations against which the eventual application will be assessed include whether: a) the demolition would be acceptable in principle having regard to the development plan

Edinburgh City Local Plan (ECLP) policy Env 5 (Conservation Areas – Demolition of Buildings) supports the retention of buildings which make a positive contribution to the area. This proposal will need to demonstrate there are exceptional circumstances which justify their demolition. b) the land use would be acceptable in principle having regard to the development plan

The Edinburgh City Local Plan (ECLP) allocates the land as urban area. The proposed uses will be assessed against the compatibility with the area.

c) the design and layout are acceptable within the character of the area and the proposals comply with the development plan and the Edinburgh Design Guidance

Key design considerations will include;

a) impact on the World Heritage Site; b) impact on the character and appearance of the conservation area;

Page 5 of 10 c) impact on setting of listed buildings; d) provision of adequate amenity space within the site; e) successful resolution of site edge conditions given the change in level across the site and differing scale of surrounding buildings; f) the height of the development and impact on key views; g) palate of materials. d) access arrangements are acceptable in terms of road safety and public transport accessibility The proposal should have regard to transport policies in the Edinburgh City Local Plan and the Edinburgh Local Development Plan.

As Belford Road is no longer a through road the opportunity to accommodate more residents or short stay on street parking, within the existing road width, should be explored. e) there are any other environmental factors that require consideration

The application will need to be screened for an Environmental Impact Assessment (EIA). In order to support the application the following supporting documents will be submitted: - Supporting Planning and Heritage Statement; - Design & Access Statement; - Report of Consultation; - Transport Statement; - Sustainability form; - Daylighting Analysis; - Heritage Assessment; - Economic Viability Information

2.3 Conclusion This report highlights the main issues that are likely to arise in relation to the various key considerations. This list is not exhaustive and further matters may arise when the new application is received, and consultees and the public have had the opportunity to comment. 3. Recommendations

3.1 It is recommended that the Committee notes the key issues at this stage and advises of any other issues

David R. Leslie Acting Head of Planning and Building Standards

Page 6 of 10

Page 7 of 10

Appendix 1

Location Plan

Page 8 of 10

Appendix 2

Applicant report on 26th June 2012 consultation event

Page 9 of 10

Development Management Sub Committee

Wednesday 23 October 2013

REPORT ON FORTHCOMING APPLICATION by ROXHILL DEVELOPMENTS LTD FOR PLANNING PERMISSION FOR

ERECTION OF A DISTRIBUTION WAREHOUSE AT CLIFTONHALL ROAD, NEWBRIDGE.

Item number Report number Background Papers 1. 13/03330/PAN 2. Appendix 1 Wards

David R. Leslie Acting Head of Planning and Building Standards

Contact: Elaine Robertson, Principal Planner E-mail: [email protected] | Tel: 0131 529 3612

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REPORT ON FORTHCOMING APPLICATION by ROXHILL DEVELOPMENTS LTD FOR A DISTRIBUTION WAREHOUSE.

Summary

To inform the Development Management Sub Committee of a forthcoming planning application in respect of major business development at Cliftonhall Road, Newbridge. In accordance with the provisions of the Town & Country Planning (Scotland) Act 1997 as amended, the applicants submitted a Proposal of Application Notice on 15 August 2013. Recommendations

It is recommended that the Committee note the key issues at this stage and advise of any other issues. Financial impact

There are no financial implications for the Council. Equalities impact

This is a pre-application report. When a planning application is submitted it will be assessed in terms of equalities and human rights. Sustainability impact

A sustainability statement will need to be submitted with the application. Community consultation

The Proposal of Application Notice (Reference:- 13/03330/PAN) outlined a public exhibition to be held on 8 September 2013 at Newbridge Bowling Club. The results of the community consultation will be submitted with the application as part of the Report on Community Consultation. Background reading / external references

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

Development Management sub committee 23 October 2013 Page 2 of 6

Report

REPORT ON FORTHCOMING APPLICATION by ROXHILL DEVELOPMENTS LTD FOR A DISTRIBUTION WAREHOUSE.

At Cliftonhall Road, Newbridge.

1. Background

1.1 Purpose of the Report To inform the Development Management Sub Committee of a forthcoming planning application in respect of major business development at Cliftonhall Road, Newbridge. In accordance with the provisions of the Town & Country Planning (Scotland) Act 1997 as amended, the applicants submitted a Proposal of Application Notice on 15 August 2013. 1.2 Site description The development site is located with the industrial estate at Newbridge. It is bounded to the north east by the Edinburgh/ Glasgow railway line and to the south by the Edinburgh/Bathgate railway line. To the west is partly developed industrial land. Access to the site is via Cliftonhall Road. There are no buildings on the site. The site is allocated within the Rural West Edinburgh Local Plan for development for Class 4, 5, or 6 uses. 1.3 Site History October 2006 – Planning permission granted for the erection of a series of variable sized industrial units on site (Reference:- 06/01476/FUL).

2. Main report

2.1 Description of the Proposal Planning permission will be sought for the erection of a single distribution warehouse in the region of 5,500 square metres. Access will be directly from Cliftonhall Road. Parking will be provided within the site for staff, visitors and operational vehicles including HGVs and delivery vans. A SUDs scheme will be brought forward on the site with the provision of an attenuation pond on the northern sector of the site.

Development Management sub committee 23 October 2013 Page 3 of 6

2.2 Key Issues The key considerations against which the eventual applications will be assessed include whether: a) the development would be acceptable in principle having regard to the development plan; The Rural West Edinburgh Local Plan was adopted in 1 June 2006. Within that Plan the site is identified as being appropriate for the development of industrial/ employment uses within class 4, 5 or 6. b) the design, layout are acceptable within the character of the area; and does the proposal comply with the Edinburgh Design Guidance. The application will be for a single use building. Design principles in terms of landscaping and visual impact will be considered as part of the assessment. A design and access statement will accompany the application. c) access arrangements are acceptable in terms of road safety and public transport accessibility;

The principle of development of this site was previously established with the approval of planning permission for a larger scheme. The transport impact will be considered and a transport statement submitted with the proposals. d) there are any other environmental factors that require consideration; The applicants will be required to submit sufficient information to demonstrate that the site is capable of accommodating the development and that there is sufficient infrastructure capacity. In order to support the application the following supporting documents will be submitted:  Phase 1 Habitats Survey;  Land Contamination Survey;  Surface Water Management Plan. 2.3 Conclusion This report highlights the main issues that are likely to arise in relation to the various key considerations. This list is not exhaustive and further matters may arise when the new applications are received, and consultees and the public have the opportunity to comment.

Development Management sub committee 23 October 2013 Page 4 of 6

3. Recommendations

3.1 It is recommended that the Committee note the key issues at this stage and advise of any other issues.

David R. Leslie Acting Head of Planning and Building Standards

Development Management sub committee 23 October 2013 Page 5 of 6

Appendix 1

Location Plan

Development Management sub committee 23 October 2013 Page 6 of 6 Development Management Sub Committee

Wednesday 23 October 2013

REPORT ON FORTHCOMING APPLICATION by Scottish Prison Service for a new Women’s Regional Unit, associated parking and alterations to the existing prison estate at Saughton Prison, Stenhouse Road, Edinburgh

Item number Report number Background Papers 1. 13/03331/PAN 2. Appendix 1 Wards A07 – Sighthill/Gorgie

David R. Leslie Acting Head of Planning and Building Standards

Contact: Andrew Trigger, Planning Officer

E-mail: [email protected] | Tel: 0131 529 3931

cutive summary

REPORT ON FORTHCOMING APPLICATION by Scottish Prison Service for a new Women’s Regional Unit, associated parking and alterations to the existing prison estate at Saughton Prison, Stenhouse Road, Edinburgh

Summary

To inform the Development Management Sub Committee of a forthcoming planning application in respect of a new Women’s Regional Unit, associated parking and alterations to the existing prison estate on land at Saughton Prison.

In accordance with the provisions of the Town & Country Planning (Scotland) Act 1997 as amended, the applicants submitted a Proposal of Application Notice on 15 August 2013.

Recommendations

It is recommended that the Committee note the key issues at this stage and advise of any other issues.

Financial impact

There are no financial implications for the Council.

Equalities impact

This is a pre-application report. When a planning application is submitted it will be assessed in terms of equalities and human rights.

Sustainability impact

A sustainability statement will need to be submitted with the application at the detailed stage.

Page 2 of 7 Community consultation

The Proposal of Application Notice (reference 13/03331/PAN) outlined a public consultation event to be held during October 2013 at the visitor centre within Saughton Prison. The results of the community consultation will be submitted with the application as part of the Report on Community Consultation.

Background reading / external references

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

Page 3 of 7 Report

REPORT ON FORTHCOMING APPLICATION by Scottish Prison Service for a new Women’s Regional Unit, associated parking and alterations to the existing prison estate at Saughton Prison, Stenhouse Road, Edinburgh

1. Background

1.1 Purpose of the Report

To inform the Development Management Sub-Committee of a forthcoming planning application in respect of a major development at Saughton Prison.

Pre-application reports give the Committee an opportunity to raise issues which it would like to see addressed in the planning application.

1.2 Site description

The application site comprises undeveloped land immediately to the east of the prison and existing car parks to the north-east. The Water of Leith runs to the south and east of the site. The wider area is predominantly residential in nature with the exception of the Stenhouse industrial estate to the north-east. The nearest residential properties are located on Stenhouse Mill Lane to the east of the site.

1.3 Site History

25 January 1999 – Permission was granted for a new visitors and families reception, information and counselling centre (Reference: - 98/01139/FUL).

14 December 2006 – Permission was granted for demolition of existing buildings, erection of new gates / entrance building, games hall, estates and stores building and relocation of parking (Reference:- 06/04100/FUL).

22 August 2007 – Permission was granted for a new 3 storey houseblock (Reference: - 07/02873/FUL)

17 March 2008 – Permission was granted for a new 3 storey houseblock (Reference:- 08/00654/FUL)

Prior to 2006, development within the prison estate benefitted from Crown exemption and did not require to formal planning permission.

Page 4 of 7 2. Main report

2.1 Description of the Proposal

Detailed planning permission is sought to provide a dedicated women’s regional unit. The proposal would require the reconfiguration of existing parking arrangements along with additional parking provision. The proposal may also require alterations to the existing prison entrance. A new Community Integration Unit may also form part of the proposals.

2.2 Key Issues

The key considerations against which the eventual applications will be assessed include whether: a) the development would be acceptable in principle having regard to the development plan; The site is identified within the Edinburgh City Local Plan as part of the urban area. The proposal is an extension to a longstanding use. b) the design, layout are acceptable within the character of the area; and does the proposal comply with the Draft Edinburgh Design Guidance. The application is likely to come forward as an application for planning permission in principle. Indicative designs will be submitted but detailed building design is not to be agreed at this stage and will be subject to a further application. c) access arrangements are acceptable in terms of road safety and public transport accessibility; Right turn access from Gorgie Road/Calder Road into the prison will be reviewed. The existing emergency access will have to be relocated and a new position will be identified as part of the forthcoming application. The reconfiguration and additional car parking will be detailed in the application and will be subject to Council guidelines. d) there are any other environmental factors that require consideration; The applicants will be required to submit sufficient information to demonstrate that the site is capable of accommodating the additional development and that there is sufficient infrastructure capacity. In order to support the application the following supporting documents will be submitted:

 flood risk assessment;

 drainage assessment/SUDS;

 ecology survey; and

 archaeological evaluation.

Page 5 of 7 2.3 Conclusion

This report highlights the main issues that are likely to arise in relation to the various key considerations. This list is not exhaustive and further matters may arise when the new applications are received, and consultees and the public have the opportunity to comment.

3. Recommendations

3.1 It is recommended that the Committee note the key issues at this stage and advise of any other issues.

David R. Leslie Acting Head of Planning and Building Standards

Page 6 of 7 Appendix 1

Location Plan

Page 7 of 7 Development Management Sub Committee

Wednesday 23 October 2013

Application for Planning Permission 13/01070/FUL At Site 69 Metres West Of 7 Shrub Place, Edinburgh Proposed Mixed Use Development including redevelopment of Listed Buildings (Tram Workshops).

Item number Report number Wards A12 - Leith Walk

Links

Policies and guidance for LPC, CITD1, CITD2, CITD3, CITD4, CITD5, CITD6, this application CITE3, CITE4, CITE6, CITE8, CITE9, CITE12, CITE16, CITE17, CITE18, CITOS3, CITH1, CITH2, CITH3, CITH4, CITH5, CITH7, CITH8, CITCO1, CITCO2, CITR2, CITT2, CITT3, CITT4, CITT5, CITT6, CITI6, NSG, NSGD02, NSDCAH, NSLBCA, NSP, NSMDV, OTH, CRPLEI, CRPPIL,

David R. Leslie Acting Head of Planning and Building Standards

Contact: Andrew Trigger, Planning Officer E-mail:[email protected] Tel:0131 529 3931

Executive summary

Application for Planning Permission 13/01070/FUL At Site 69 Metres West Of 7 Shrub Place, Edinburgh Proposed Mixed Use Development including redevelopment of Listed Buildings (Tram Workshops).

Summary

The principle of the proposed development is acceptable. The scale and design is appropriate and the historic environment will be enhanced. There are no implications for road safety or residential amenity. There are no material considerations that outweigh this conclusion. Recommendations

It is recommended that this application be Granted subject to the details below (in section 3 of the main report). Financial impact

The application is subject to a legal agreement for developer contributions. Equalities impact

This application was assessed in terms of equalities and human rights. The impacts are identified in the Assessment section of the main report. Sustainability impact

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

Pre-Application Process

In line with planning legislation, a Proposal of Application Notice (12/04360/PAN) was submitted on 3 December 2012 to the Council as planning authority with a copy provided to Leith Central Community Council. Copies were also provided to the local ward members, the New Town & Broughton Community Council and, the City Centre & Leith Neighbourhood Partnership.

A consultation event was held in McDonald Road Library on 22 and 23 January 2013. The event was attended by approximately 80 people. Issues raised included access, density, retention of listed buildings and housing types.

A pre-application report on the proposals was presented to the Committee on 30 January 2013. The Committee requested that school capacities, impact upon listed buildings, design, access and sustainability be taken into account.

The proposals were considered by the Edinburgh Urban Design Panel on 13 February 2013. A full copy of their report is set out in Appendix 1.

A copy of the Pre-Application Consultation report is available to view via Planning and Building Standards Online Services.

Publicity summary of representations and Community Council comments

The application was advertised on 12 April 2013. There have been 16 letters of representation received, all of which object to the proposals. The letters of representation raised the following material issues:

Impact upon the historic environment; Scale and design; Residential amenity; and Road and pedestrian safety;

Leith Central Community Council was formally consulted but no response has been received.

A full assessment of the representations can be found in the main report in the Assessment section. Background reading / external references

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

Development Management sub committee – 23 October 2013 Page 3 of 37 Report

Application for Planning Permission 13/01070/FUL At Site 69 Metres West Of 7 Shrub Place, Edinburgh Proposed Mixed Use Development including redevelopment of Listed Buildings (Tram Workshops). 1. Background

1.1 Site description

The site, covering approximately 2 hectares, lies between Leith Walk and Dryden Street.

A large proportion of the site has now been cleared. The site previously contained the Lothian Transport bus depot, formerly a tram depot, part of which includes the retained category B listed redbrick buildings and chimney stack at the Dryden Street end (ref 45956, listed 10 March 1999).

It is bounded on its south-west side by a single track railway line, still operational for freight, serving Powderhall Refuse Depot. The line is set in a cutting, 5 to 7 metres below the site level. Towards the centre of the side, on the railway side is an existing Masonic Hall and associated car park, accessed by Shrub Place Land from Leith Walk.

The site has two street frontages, one to Leith Walk and the other to Dryden Terrace and can be accessed from both. Dryden Terrace is linked to Dryden Street by a pedestrian bridge over the railway line.

East of the site, fronting Leith Walk, is Shrubhill House which has planning permission for student housing.

To the north and east of the site are residential properties, Inchkeith Court, a 1960s eleven storey high-rise block. To the north of this are the two-storey B listed Shaws Colonies. Beyond this are the three storey residential tenements of Spey Terrace and Dryden Street.

To the north west of the site are further three storey residential tenemental properties on Dryden Street, and the recent four storey residential development opposite the listed tram depot buildings and adjacent to the railway line.

To the south west across the railway line are the four storey residential tenements of McDonald Road.

The Leith Walk frontage of the site is located within the Leith Conservation Area. The listed buildings are located within the Pilrig Conservation Area and the listed gable wall forms the boundary of the Shaw's Colonies (Pilrig) Conservation Area.

Development Management sub committee – 23 October 2013 Page 4 of 37 1.2 Site History

The site has been the subject of various planning applications and listed building consents proposing mixed use developments, references 01/00509/FUL, 02/04595/FUL, 02/04593/FUL and 02/04595/LBC.

20 July 2004, following a public inquiry, a number of planning application and listed building appeals were dismissed and refused permission (SEIRU Ref P/PPA/230/488 and 529 and P/LBA/230/121).

25 November 2004 - A revised "Statement of Urban Design Principles for: Shrub Place, Pilrig" was approved by the Planning Committee.

19 April 2006 - Planning permission granted for demolition of existing office building and Masonic Club, conversion of listed building and new build development to provide for new Masonic Club, retail and commercial provision to Leith Walk and residential development (410 units) with associated access, parking and landscaping (05/03128/FUL).

24 May 2006 - Listed building consent granted for the conversion of the listed tram sheds (05/03128/LBC).

10 March 2010 - Planning permission ‘Minded to Grant’ subject to legal agreement for a hotel (Class 7) and associated facilities, Masonic Social Club, landscaping, parking and access arrangements. The application only relates to the eastern part of the site fronting Leith Walk (09/00794/FUL).

April 2013 - An application for a change of use of the site from sui generis to temporary storage of construction materials is currently under consideration (13/01416/FUL).

April 2013 - An application for listed building consent to retain existing chimney, alter existing tram workshops to accommodate residential development, and reduce height of existing gable wall to remove requirement for galvanised steel buttresses is currently under consideration (13/01071/LBC).

Adjacent to the site

9 April 2008 - Planning permission granted for the redevelopment of Shrubhill House for mixed use development including student residential accommodation and associated facilities, retail (class 1) units and food and drink (class 3) units, cycle parking areas and associated alterations to access and landscaping (as amended) (06/05371/FUL).

Development Management sub committee – 23 October 2013 Page 5 of 37 2. Main report

2.1 Description Of The Proposal

Planning permission is sought for a mixed use development comprising 160 residential units and 1150sqm of retail floorspace along with associated car parking and open space.

The breakdown of accommodation is as follows:

Affordable Housing

 1 bedroom apartments x 12;  2 bedroom apartments x 20;  3 bedroom apartments x 8;

Market Housing

 1 bedroom apartments x 12;  2 bedroom apartments x 61;  3 bedroom apartments x 1;  2 bedroom colony flats x 30;  4 bedroom townhouses x 16.

The apartments will be located within 4 buildings. The block nearest Leith Walk will be 5-storeys high with retail at ground floor level and affordable units above. The second flatted block will be 4-storeys high. The remainder of the apartments will be within the converted tram sheds. The proposed colonies and townhouses will be 3-storeys high.

The proposed finishing materials for the entire development are stone, brick and zinc cladding.

The proposals will also involve alterations to and the conversion of the listed tram sheds; retention of the listed chimney stack; and a reduction in height of the listed gable wall to 3 metres.

Previous Scheme

The main changes from the original submission are as follows:

Extent of public realm has been increased; and Architectural design of the affordable flatted/commercial block has been revised.

The following documents have been submitted in support of the application, all of which are available to view via Planning & Building Standards Online Services:

 Design & Access Statement;  Sustainability Statement;  Pre-Application Consultation Report;  Noise Assessment;  Ecological Assessment;

Development Management sub committee – 23 October 2013 Page 6 of 37  Transport Statement;  Air Quality Assessment;  Drainage Assessment;  Land Quality Strategy;  Flood Risk Assessment;  Utilities Strategy;  Retail Support Statement; and  Archaeological Written Scheme of Investigation.

2.2 Determining Issues

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

Do the proposals preserve the building or its setting or any features of special architectural or historic interest which it possesses? If not, there is a presumption against the granting of consent. For the purposes of this issue, preserve, in relation to the building, means preserve it either in its existing state or subject only to such alterations or extensions as can be carried out without serious detriment to its character.

Do the proposals comply with the development plan?

If the proposals do comply with the development plan, are there any compelling reasons for not approving them?

If the proposals do not comply with the development plan, are there any compelling reasons for approving them?

2.3 Assessment

To address these determining issues, the Committee needs to consider whether: a) the proposals are acceptable in principle; b) the scale and design of the proposals is appropriate; c) the proposals preserve or enhance the historic environment; d) the proposals raise any implications for road or pedestrian safety; e) the proposals will adversely affect existing residential amenity; f) the proposals afford an acceptable living environment for future residents; g) the proposals are adequate in respect of infrastructure and affordable housing provision; h) the proposals meet the Council's requirements in respect of sustainability; i) the proposals raise any issues in respect of equalities or human rights;

Development Management sub committee – 23 October 2013 Page 7 of 37 j) there are any other material points raised in the representations a) Principle of Development

The application site is allocated for housing in the Edinburgh City Local Plan. The proposed development includes 160 residential units, which is significantly less than the estimated capacity of 400 identified in the local plan. However, there are good urban design reasons for the lower density, which are explained later in this report, that justify this shortfall.

The retail element of the proposals would be located within the Leith Walk town centre. Planning policy requires the impact of the proposed floorspace on the city centre retail core to be considered. A retail statement submitted in support of the application states that the design of the floorspace would suit a medium sized, food based operator. Consequently, such operators are unlikely to compete directly with city centre retail and are more appropriate to a town centre location.

In summary, the low density of housing is justified and the retail element will not compromise the city centre offer. The principle of the proposed development is therefore acceptable. b) Scale & Design

The proposed development positions higher development towards Leith Walk with lower scale development towards Pilrig. The scale of the proposed development is reflective of the immediate context and will sit comfortably within the streetscape.

The layout has considered built form, parking provision and open space requirements and represents an appropriate quantum of development. The layout of the proposals has allowed for the possible redevelopment of neighbouring sites. Notably, the proposals include a hard landscaped public square between the proposed development and approved plans for the redevelopment of Shrubhill House.

The proposed architectural treatment is simple and takes reference from the surrounding townscape. The use of stone, brick and zinc cladding finishes is characteristic of the area and reflective of the industrial heritage of the site.

In summary, the proposed scale and layout is reflective of the townscape, consideration has been given to future development and the design and materials are appropriate. c) Historic Environment

The southern end of the application site is within the Leith Conservation Area. The Leith Conservation Character Appraisal states that Leith Walk is one of the most important routes in the city linking the New Town Conservation Area with that of Leith. The continuity of form of Leith Walk makes it clearly visible from other high vantage points around the city.

The proposed development will continue the development form along Leith Walk with retail use at ground floor and residential above. Modern floor heights will enable a fourth level of residential use to be accommodated without projecting above the established roofline. The Leith Walk frontage and returns will have a stone finish to

Development Management sub committee – 23 October 2013 Page 8 of 37 reflect the historic development of the area. The architectural treatment of the exposed elevation fronting the railway line has been simplified so as not to detract from the Leith Walk frontage when viewed from higher vantage points.

The northern end of the site, principally the tram sheds and chimney stack is within the Pilrig Conservation Area. The Pilrig Conservation Area states that the area is relatively low density, given its proximity to central Edinburgh and is mainly comprised of low rise residential development. The surviving remains of the industrial development at Shrub Place - the Shrubhill Tramway Workshops and Power Station are of industrial archaeological interest. The chimney is included in the listing, although it was reduced in height around 1975. The gabled retaining wall to Shaw's Colonies has been kept after demolition of the tram works.

The restoration and re-use of the historic tram sheds and chimney stack will positively enhance the appearance of the southern end of the Pilrig Conservation Area. The inclusion of new colony housing and townhouses will continue the low density characteristic of the conservation area into the application site.

The boundary wall delineating the site from the colonies forms the boundary of the Shaw’s Place (Pilrig) Colonies Conservation Area. The Edinburgh Colony Character Appraisals state that as a result of the surrounding land uses, there are no significant views out to the surrounding area. This provides a sense of enclosure, giving the Colonies an almost village type feel.

The boundary wall will be significantly reduced in height but due to the ground level difference will still stand approximately 5 metres high when viewed from within the colonies. The wall will not be penetrated and it is to be blank gables of the colonies and townhouses that will be nearest the wall. A sense of enclosure within the existing colonies will be retained.

The impact of the proposed alterations to listed buildings within the site, including the boundary wall has been assessed in the accompanying application for listed building consent. However, in respect of the setting of those buildings, the proposed colonies and townhouses that will be situated nearest to the listed buildings are comparable to the scale of existing buildings that surround the former tram depot. The overall redevelopment will improve the public realm around the listed buildings and in the case of the chimney stack will create a feature - the setting of the listed buildings will be enhanced.

Given that a substantial boundary wall will be retained and that it is similar house types that are proposed nearest the boundary, the proposals will preserve the setting of the B listed colonies.

The application site is situated within an area of archaeological importance, with particular interest in the City’s industrial development. With regard to buried archaeology, there are significant remains from the 18th and 19th Centuries including historic tram development that must be recorded. A planning condition is recommended to secure a programme of archaeological work prior to commencement of development. The City Archaeologist has formally objected to the alterations to boundary wall as it will result in the loss of an industrial heritage asset. However, for reasons stipulated in the report for listed building consent, namely the dilution of historic value and the regeneration of a long-term, prominent gap site, the alterations to the wall are justified.

Development Management sub committee – 23 October 2013 Page 9 of 37

In summary, the retention and restoration of listed buildings will enhance the appearance of the conservation areas; the design of the proposed development will preserve the character and appearance of the conservation areas, and archaeological heritage will be recorded. d) Road & Pedestrian Safety

The proposed layout has been tracked to assess the movements of refuse vehicles and cars through the site and onto Dryden Terrace and it has been shown that the existing road network can accommodate such vehicles. Transport Planning has raised no objections to the proposals.

Residents are concerned that there will be an increase in traffic and that the proposed layout will create a rat run. It is inevitable that the proposals will result in an increase in traffic given that the site is currently undeveloped. However, Transport Planning has accepted that existing road network can accommodate the level of traffic movements generated by the proposals. Whilst the layout proposed will enable through traffic, the design of the route is convoluted and will involve negotiating tight bends, which is likely to slow traffic and will reduce the attractiveness of the route as a shortcut.

The level and layout of parking provision has been accepted by Transport Planning. This is in part due to the proximity of local amenities and the good level of access to public transport. A contribution towards the city car club is also required to assist with transport options.

With regard to safeguarding of future transport options, cycle links will be required to the Powderhall railway line should it become a cycle route - this shall be secured by legal agreement. In line with approved guidelines, a financial contribution towards the tram project will be required.

In summary, the existing road network can service the proposals, the parking provision is acceptable and future transport options have been considered. e) Residential Amenity

Neighbouring residents have raised concerns that the reduction in height of the boundary wall separating the site from the colonies will result in a loss of privacy. However, the brick wall will be retained at 3 metres, which due to ground levels will be approximately 4.8 metres high when viewed from the colonies - this will maintain privacy.

There have also been concerns raised by residents that the lowering of the wall will increase noise. However, that part of the site will be developed solely for residential use, which is compatible with the surrounding area.

In terms overshadowing, the proposed development will not have a greater impact than the existing high boundary wall.

In summary, privacy will be maintained and there are no issues in respect of noise or overshadowing.

Development Management sub committee – 23 October 2013 Page 10 of 37 f) Future Living Environment

The applicant has demonstrated that the proposed residential units will comply with the Edinburgh Design Guidance in respect of daylight.

In terms of privacy, there will be sufficient distance between opposing windows in the new dwellings with the exception of the converted tram sheds. However, the importance of retaining the tram sheds and bringing them back into active use outweighs the conformity with privacy guidelines in this instance.

The proposed townhouses and colony housing will have private gardens and the flatted properties will have access to communal areas of soft and hard landscaping.

Noise from the Masonic lodge and from traffic on Leith Walk has been considered in noise assessment submitted in support of the application. Mitigating measures, including acoustic glazing, have been identified and their implementation will be required by planning condition. Environmental Assessment is supportive of this approach.

Given the bustling nature of Leith Walk and the substantial number of existing retail units there that have no operating restrictions it is unreasonable to impose conditions seeking to restrict hours of delivery. Other legislation regulates the transfer of noise between properties and as such there is no requirement to impose planning conditions.

In summary, the proposals are acceptable in terms of daylighting; privacy issues are justified and properties will have good access to amenity space. g) Infrastructure & Affordable Housing

In terms of education infrastructure, Drummond High School has sufficient capacity to facilitate the development. Management controls can be applied should there be capacity pressure at St Thomas of Aquin’s and St Mary’s schools respectively. Broughton Primary School is operating beyond capacity and a financial contribution will be required to address accommodation pressures. Children & Families raise no objections to the proposals.

The proposals include the provision of 40 affordable housing units, which equates to 25% of the overall development. The provision will range between 1, 2 and 3 bedroom apartments located in the block fronting Leith Walk. Whilst it is normally expected that on sites of this size the affordable housing provision would be spread over two locations and a mix of both flats and houses, an exception is justified in this instance. This is on the basis that such a requirement will impact upon the viability of the project and potentially jeopardise the redevelopment of a longstanding gap site in a prominent location. The affordable housing provision will be secured by legal agreement.

The impact of the proposal upon the water and waste water network has been considered. Scottish Water does not object to the proposals.

In terms of drainage, the proposals will involve the discharge of surface water from the development to the combined sewer. SEPA raise no objections to the proposals.

In summary, school capacity issues will be addressed, affordable housing will be provided and other existing infrastructure will support the proposed development.

Development Management sub committee – 23 October 2013 Page 11 of 37 h) Sustainability

The applicant has submitted a sustainability statement in support of the application.

Essential Criteria Available Achieved

Section 1: Energy Needs 20 20 Section 2: Water conservation 10 10 Section 3: Surface water run off 10 10 Section 4: Recycling 10 10 Section 5: Materials 30 30 Total points 80 80

Desirable Elements

In addition the applicants have provided a commitment to further sustainability measures as set out in the desirable elements. Additional measures include enhancing access to methods of travel other than the car.

In summary, the proposal complies with the requirements of Parts A and B of the Edinburgh Standards for Sustainable Buildings. i) Equalities & Human Rights

The proposed development will create an environment where public spaces can be used safely and securely without fear. The proposals will offer a good standard of living with access to transport and public places including green spaces. The proposals will have a positive impact in respect of rights.

A range of living accommodation will be provided that will support different users including young families and the elderly. The site is accessible for people with mobility issues. The proposals include an element of affordable housing to assist those who cannot access traditional housing markets. The proposals will have a positive impact in respect of equalities.

In summary, the proposals will have a positive impact in respect of equalities and rights. j) Representations

Material Comments

Issues relating to the historic environment  Reducing the wall will be detrimental to the historic streetscape;  Reducing the wall will be detrimental to the character of the listed colonies;  Louvres over car park level are not in keeping with the listed structure and do not create a good relationship with the street;  Retention of the distinctive shape of the wall should be considered;  Integration of the listed wall into the proposals;

These issues have been addressed in section c) of the assessment.

Development Management sub committee – 23 October 2013 Page 12 of 37

Issues relating to residential amenity  Reducing the wall will reduce privacy and increase noise;  Reducing the wall will compromise security of neighbouring properties;  Security of properties;

These issues have been addressed in section e) of the assessment.

Issues relating to scale and design  The number of houses proposed is excessive;  There is little detail to suggest how the public realm will look or work;

These issues have been addressed in section b) of the assessment.

Issues relating to road and pedestrian safety  The use of Dryden Terrace as a vehicular access given lack of space for two way traffic and a pavement;  The use of Dryden Terrace by refuse vehicles due to tight bend;  Access to parking within the tram sheds will be compromised by existing on- street parking;  Increase in traffic in a street that has traditionally been a cul-de-sac;  Creation of a rat-run;  Future cycle link to railway line;

These issues have been addressed in section d) of the assessment.

General Comments

Alterations to the listed wall did not form part of the pre-application consultation;

It is not uncommon for proposals to alter from the pre-application to application stage. Residents have had the opportunity to comment on this issue as part of the application process.

 Only reason for the reduction of the wall is cost;

The cost of long-term maintenance is a factor for the redevelopment of the site. This has been specifically noted by Historic Scotland. Viability of redevelopment is an important consideration and in this case, given the restoration of other listed buildings of greater interest, the alteration of the wall is accepted.

 Neighbour notification process - lack of notification;

The notification procedure was carried out in accordance with the appropriate legislation.

CONCLUSION

In conclusion, the principle of the proposed development is acceptable. The scale and design is appropriate and the historic environment will be enhanced. There are no implications for road safety or residential amenity. There are no material considerations that outweigh this conclusion.

Development Management sub committee – 23 October 2013 Page 13 of 37

It is recommended that the Committee approves this application subject to firstly, a legal agreement securing affordable housing, education, transport and tram infrastructure and secondly, conditions on archaeology, landscaping, materials, contamination, air quality and noise.

3. Recommendations

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

3.2 Conditions/reasons

1. No development shall take place until the applicant has secured the implementation of a programme of archaeological work, in accordance with a written scheme of investigation which has been submitted to and approved in writing by the Planning Authority, having first been agreed by the City Archaeologist.

2. The approved landscaping scheme shall be fully implemented within six months of the completion of the development, and thereafter shall be maintained by the applicants and/or their successors to the entire satisfaction of the planning authority; maintenance shall include the replacement of plant stock which fails to survive, for whatever reason, as often as is required to ensure the establishment of the approved landscaping scheme.

3. A detailed specification, including trade names where appropriate, of all the proposed external materials shall be submitted to and approved in writing by the Planning Authority before work is commenced on site; Note: samples of the materials may be required.

4. i) Prior to the commencement of construction works on site: a) A site survey (including intrusive investigation where necessary) must be carried out to establish to the satisfaction of the Head of Planning and Building Standards, either that the level of risk posed to human health and the wider environment by contaminants in, on or under the land is acceptable, or that remedial and/or protective measures could be undertaken to bring the risks to an acceptable level in relation to the development; and b) Where necessary, a detailed schedule of any required remedial and /or protective measures, including their programming, must be submitted to and approved in writing by the Head of Planning and Building Standards. ii) Any required remedial and/or protective measures shall be implemented in accordance with the approved schedule and documentary evidence to certify those works shall be provided to the satisfaction of the Head of Planning and Building Standards.

5. The construction phase of the development shall proceed in accordance with the requirements and recommendations of the air quality impact assessment (WSP Air Quality Assessment dated 5 April 2013 section 6.1.)

Development Management sub committee – 23 October 2013 Page 14 of 37 6. The enhancements to the building envelope, as defined in the RPS Noise Impact Assessment report (Ref. SAE7571 Dated 4th April 2013), shall be carried out in full and completed prior to occupation of the properties.

Those works comprise the following construction mitigation measures:

The composite facade glazing for living rooms facing directly onto Leith Walk at the site boundary require to meet Rw 28dB and the composite facade for equivalent bedrooms require meeting Rw 33dB.

The composite facade glazing for living rooms and bedrooms affected by noise from the Masonic Lodge require to meet specification 10/4/6 or similar and have acoustic performance of 33dB (C-1, Ctr-3). The affected properties are specified within drawing number 12068(00)900.

7. Prior to commencement of works on site, details of the means of ventilating the residential properties which are affected by noise from the Masonic Lodge and traffic from Leith Walk should be submitted and agreed with the Planning Authority.

Informative; this condition relates to those rooms which overlook Leith Walk and the Masonic Lodge (which are highlighted in drawing number 12068(00)900). The ventilation system should be passive and meet the requirements of building control standards in terms of ventilation rates.

Reasons:-

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

2. In order to ensure that the approved landscaping works are properly established on site.

3. In order to safeguard the character of the conservation area.

4. In order to ensure that the site is suitable for redevelopment, given the nature of previous uses/processes on the site.

5. In order to safeguard the amenity of neighbouring residents and other occupiers.

6. In order to protect the amenity of the occupiers of the development.

7. In order to protect the amenity of the occupiers of the development.

Informatives

It should be noted that:

1. Consent shall not be issued until a suitable legal agreement, including those requiring a financial contribution payable to the City of Edinburgh Council, has been concluded in relation to affordable housing, education, tram and transport infrastructure.

Development Management sub committee – 23 October 2013 Page 15 of 37 2. The development hereby permitted shall be commenced no later than the expiration of three years from the date of this consent.

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

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

5. The proposed vehicular access over this bridge will be subject to further discussions and will require the developer/Local Authority to enter into a servitude and bridge agreement with Network Rail.

6. All surface or foul water arising from the development must be collected and diverted away from Network Rail Property.

7. The applicant must provide a suitable trespass proof fence of at least 1.8 metres in height along the boundary of the application site adjacent to Network Rail’s boundary and provision for the fence’s future maintenance and renewal should be made. We recommend a 1.8 metre high ‘rivetless palisade’ or ‘expanded mesh’ fence. Network Rail’s existing boundary measure must not be removed without prior permission.

8. The location and colour of lights must not give rise to the potential for confusion with the signalling arrangements on the railway. The applicants should obtain Network Rail’s approval of their detailed lighting proposals. Following occupation of the development, if within three months Network Rail or a Train Operating Company has identified that lighting from the development is interfering with driver’s vision and/or signal sighting, alteration/mitigation will be required to remove the conflict at the applicant’s expense.

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

10. The access on Leith Walk was proposed as left turn only to accommodate the tram line. It is considered that this is unnecessary until such time as the works associated with the tram are commenced and therefore until that time the access may remain as unrestricted. However, the applicant should note that this restriction may be imposed in the future.

11. The applicant will be expected to provide a suitable adoptable link to the site boundary to provide a cycle and pedestrian link to a future cycle and pedestrian route on the rail line.

Development Management sub committee – 23 October 2013 Page 16 of 37 David R. Leslie

Statutory Development Plan Provision The application site is identified in the Edinburgh City Local Plan as a housing proposal (HSG 18).

Date registered 4 April 2013

Drawing numbers/Scheme 01,02a,03-21,22a-25a,26-30,31a-32a,33-36,37a- 39a,40-46,

Scheme 2

Acting Head of Planning and Building Standards

Development Management sub committee – 23 October 2013 Page 17 of 37

Links - Policies

Relevant Policies:

Relevant policies of the Edinburgh City Local Plan.

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

Policy Des 2 (Co-ordinated Development) establishes a presumption against proposals which might compromise the effective development of adjacent land or the wider area.

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

Policy Des 4 (Layout Design) sets criteria for assessing layout design.

Policy Des 5 (External Spaces) sets criteria for assessing landscape design and external space elements of development.

Policy Des 6 (Sustainable Design & Construction) sets criteria for assessing the sustainable design and construction elements of development.

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

Policy Env 4 (Listed Buildings – Alterations & Extensions) identifies the circumstances in which alterations and extensions to listed buildings will be permitted.

Policy Env 6 (Conservation Areas Development ) sets out criteria for assessing development in conservation areas.

Policy Env 8 (Protection of Important Remains) establishes a presumption against development that would adversely affect the site or setting of a Scheduled Ancient Monument or archaeological remains of national importance.

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

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

Policy Env 16 (Species) sets out species protection requirements for new development.

Policy Env 17 (Flood Protection) sets criteria for assessing the impact of development on flood protection.

Policy Env 18 (Air, Water and Soil Quality) sets criteria for assessing the impact of development on air, water and soil quality.

Policy Os 3 (Open Space in New Development) sets out requirements for the provision of open space in new development.

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

Policy Hou 2 (Housing Mix) requires the provision of a mix of house types and sizes in new housing developments.

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

Policy Hou 4 (Density) sets out the factors to be taken into account in assessing density levels in new development.

Policy Hou 5 (Conversion to Housing) sets criteria for assessing the change of use to residential.

Policy Hou 7 (Affordable Housing) requires 25% affordable housing provision in residential development of twelve or more units.

Policy Hou 8 (Inappropriate Uses in Residential Areas) establishes a presumption against development which would have an unacceptable effect on the living conditions of nearby residents.

Policy Com1 (Community Facilities) sets requirements for the provision of community facilitiesassociated with large scale residential development, and the proptection of existing community facilities.

Policy Com2 (School Contributions) sets the requirements for school contributions associated with new housing development.

Policy Ret 2 (Town Centres) sets criteria for assessing retail development in or on the edge of town centres.

Policy Tra 2 (Planning Conditions and Agreements) requires, where appropriate, transport related conditions and/or planning agreements for major development likely to give rise to additional journeys.

Policy Tra 3m (Tram Contributions) requires contributions from developers towards the cost of tram works where the proposed tram network will help address the transport impacts of a development.

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

Policy Tra 5 (Private Cycle Parking) requires cycle parking provision in accordance with levels set out in supplementary guidance.

Policy Tra 6 (Design of Off-Street Car and Cycle Parking) sets criteria for assessing design of off-street car and cycle parking.

Development Management sub committee – 23 October 2013 Page 19 of 37

Policy Inf 6 (Water & Drainage) sets a presumption against development where the water supply and sewerage is inadequate.

Relevant Non-Statutory Guidelines

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

Non-statutory guidelines on Developer Contributions and Affordable Housing gives guidance on the situations where developers will be required to provide affordable housing and/or will be required to make financial or other contributions towards the cost of, providing new facilities for schools, transport improvements, the tram project, public realm improvements and open space.

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

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

Non-statutory guidelines on 'MOVEMENT AND DEVELOPMENT' establish design criteria for road and parking layouts.

Other Relevant policy guidance

The Leith Conservation Area Character Appraisal emphasises the area's unique and complex architectural character, the concentration of buildings of significant historic and architectural quality, the unifying effect of traditional materials, the multiplicity of land use activities, and the importance of the Water of Leith and Leith Links for their natural heritage, open space and recreational value

The Pilrig Conservation Area is characterised by its varied street pattern and terraced properties, contrasted with the green space of Pilrig Park and Rosebank Cemetery. The scale is set by two storey housing.

Development Management sub committee – 23 October 2013 Page 20 of 37 Appendix 1

Consultations

Edinburgh Urban Design Panel

The Panel welcomend the opportunity to review the proposal at this early stage of the design process and could see a great opportunity for a successful development. The Panel are concerned with respect to the reduced density from the consented scheme. However; this proposal presents a potentially more successful urban form for the site which is greatly welcomed by the Panel.

1 Introduction

1.1 This report relates to proposals for the redevelopment of 1 Shrub Place, more commonly known as Shrubhill. The site is allocated in the Edinburgh City Local Plan for housing (HSG 18 - approx. 400 units) and covered by an approved Statement of Urban Design Principles (2004). The statement sets out guidance on heights and form for buildings, spaces and linkages. The key objectives are: a. the creation of a sustainable mixed use development which reinforces a sense of place; b. retention and enhancement of existing historic fabric of merit c. enhance role and character of Leith Walk.

The Leith Walk frontage is within the designated town centre. The section of the site fronting onto Leith Walk is also within a conservation area.

To the east of the site are the B listed Pilrig Model Dwellings, Shaw's Place Colonies. A report to the Planning Committee on 6 December 2012 recommended that the area should be designated as a Conservation Area.

A large proportion of the site has now been cleared. The site previously contained a former tram depot, part of which includes the retained category B listed red brick buildings and chimney stack at the Dryden Street end and also a retained brick wall of gable ends along the eastern boundary.

The Powderhall railway line at the western boundary of the site is safeguarded in the local plan for a future cycle way / footpath. This is the first time that the proposals have been reviewed.

1.3 No declarations of interest were made by any panel members in relation to this scheme.

1.4 This report should be read in conjunction with the pre meeting papers which provide an overview, context, concept, plans, sections and 3D visualisations of the scheme.

Development Management sub committee – 23 October 2013 Page 21 of 37

1.5 This report is the view of the Panel and is not attributable to any one individual. The report does not prejudice any of the organisations who are represented at the panel forming a differing view about the proposals at a later stage.

2 Site Layout

2.1 The Panel noted the importance of the redevelopment of this site for Leith Walk. A strong well designed frontage is therefore essential. The Panel encouraged the design team to look at a single access point as the proposed double access points detracts from the street frontage. Also, in developing an appropriate design for the Leith Walk frontage an understanding of the proposed design for the adjacent site will be required to ensure a comprehensive design solution for the street frontage.

2.2 In general terms the Panel are supportive of the proposed layout albeit constrained by the retention of the Masonic Lodge. A comprehensive masterplanning of the site to include the Masonic Lodge site would be supported by the Panel as this would clearly benefit the spatial arrangement and layout. However, it was acknowledged by the Panel that the inclusion of the Masonic Lodge is out with the architects’ brief for the site and therefore unlikely to form part of this Planning Application.

2.3 The Panel encouraged the Design Team to look at design options which would allow the site to fully integrate with the surrounding area in particular with the adjacent Shaw’s Place Colonies. Integration of this site with the adjacent colonies was seen by the Panel as an opportunity for both colonies and this site.

3 Density and Housing Mix

3.1 The Panel were supportive of the proposed housing mix and typologies proposed for the site. In particular the proposed use of colonies style family housing.

3.2 The Panel expressed concern regarding the proposed reduced density from the consented scheme and potential impact this may have on other housing sites particularly on the city’s edge or greenbelt. However, this proposal offers a more successful urban form which the Panel supports.

4 Listed Buildings and Structures

4.1 The proposal to retain and find a viable use for the listed buildings was supported by the Panel. However, the Panel expressed concern that if these areas were not included as part of the redevelopment of the entire site they may be left to one side becoming problems of the future and ultimately at risk. The Panel supported an enabling case to ensure the reuse of the listed structures.

4.2 The merit regarding any ‘urban gain’ with respect to the retention of the listed shed walls in their current condition and form, adjacent to the Shaw Colonies, was questioned by the Panel. The removal or a reinterpretation of the wall potentially allowing links to the colonies and Pilrig Street was seen by the Panel as a positive urban move.

4.3 The Panel could also see the design merits of using the line of the listed wall, for example, in a reinterpreted form to provide navigation through the site and allow east/west permeability.

Development Management sub committee – 23 October 2013 Page 22 of 37

4.4 The breaking down of the wall to provide connections east / west to the colonies was encouraged by the Panel. The wall is an issue that requires to be addressed positively for residents on both sides with a potential for integrating the community in the future.

4.5 Another question raised by the Panel with respect to the retention of the listed shed structure was in term of long term maintenance. It was considered that future maintenance would be a burden on adjacent residents without any clear community gain.

5 Massing

5.1 From the information presented the Panel were supportive of the general massing arrangements for the site.

5.2 The Panel encouraged the scaling up of development to Leith Walk with a reduced mass and scale adjacent to the Shaw colonies.

5.3 The Shaw Colonies were the earliest colony scheme (1852) and zone linkage to a 2013 contemporary example of colony housing would be a welcome development.

6 Permeability

6.1 The proposal to create a route from Leith Walk to Dryden Street was supported by the Panel.

6.2 The Panel encouraged the Design Team to look at design options for routes and links to Spey Terrace and Pilrig Street.

7 Public Route and Spaces

7.1 The Panel noted that further design work is required with respect to the public routes, and public and private spaces to ensure they will work successfully. Also, in respect the quality of these spaces it will be essential that car parking is well integrated into the design.

7.2 The quality of the Public Realm was considered an important aspect of the design by the Panel and therefore they encouraged the design team to ensure that the quality of the materials for these areas are fully realised and not removed as the design develops as a cost saving.

7.3 The Panel supported the proposed green space with trees on Leith Walk as they considered this to be part of the character of the street.

7.4 It was also suggested that given the importance of this site in Leith Walk it is appropriate that the street design should be informed by a wider streetscape / public realm study.

8 Transport

8.1 This is a well connected site to main public transport routes.

Development Management sub committee – 23 October 2013 Page 23 of 37 8.2 The design development of how the parking areas are integrated into the design of the public / private spaces and will be key to the overall success of the development.

8.3 Given the excavation work which has already been carried out on the site a sectional design study may release ideas which may allow some vehicles to sit below ground level.

9 Recommendations

9.1 In developing the design, the Panel supports the following aspects of it and therefore advocates that these should remain in the proposals:

*The retention and re-use of the listed buildings *The proposed route from Leith Walk to Dryden Street *Colony housing *The aspiration of a series of high quality public spaces and with good quality materials

9.2 In developing the proposals the Panel suggests the following matters should be addressed:

* Comprehensive design solution for Leith Walk streetscape * Removal or reinterpretation of the existing wall to provide a positive element to the proposal and potential integration to the adjoining area * Development of the design with respect to the public private spaces with integrated solution to car parking within the site.

Children & Families

My comments are based on a residential development of 160 units. I have counted the full development, as flatted development. This includes the colony housing which I have considered to be a form of maisonette.

This site is located within the catchment areas of: - Broughton Primary School; - St Mary's (Edinburgh) RC Primary School; - Drummond High School; and - St Thomas of Aquin’s RC High School.

Broughton Primary School is operating beyond capacity at present and developer contributions of £65,760 are sought to help address accommodation pressures.

Payment of contributions will be index linked to the BlCS All in Tender Price Index with a base date of October 2009.

There is currently spare capacity at Drummond High School and in respect of RC primary and secondary school provision, management controls would be applied as necessary to give priority to baptised Roman Catholics should the schools come under capacity pressure.

Housing & Regeneration

Development Management sub committee – 23 October 2013 Page 24 of 37 Services for Communities have developed a methodology for assessing housing requirements by tenure, which supports an Affordable Housing Policy (AHP) for the city.

- The AHP makes the provision of affordable housing a planning condition for sites over a particular size. The proportion of affordable housing required is set at 25% (of total units) for all proposals of 12 units or more.

- This is consistent with Policy Hou 7 Affordable Housing in the Finalised Edinburgh City Local Plan.

2. Affordable Housing Numbers

This application is for a mixed use development which will include 160 residential units and as such the AHP will apply. Therefore, 25% (40) of the total number of homes will be required to be of an approved affordable housing tenure as set out in AHP Appendix 1 Section 3. These affordable homes will be required to be on site. The applicant has committed to provide 40 affordable homes on site and in terms of the number of affordable homes this is acceptable and warmly welcomed.

3. Tenure Mix, Accessibility and Integration of Affordable Housing

The AHP seeks to guard against an over concentration of social rented homes. The AHP plot that is identified would provide excellent accessibility to local amenities, however it was mentioned at the pre-application advice meeting that on plots of this size the Council tends to seek two separate smaller plots, rather than one larger one, in the interests of improving the integration of the affordable and market homes. The applicant is requested to revisit this aspect and to explore if a configuration is possible with two smaller plots of AHP.

On a related note, this proposal consists of a range of family housing from 2 bedroom apartments to 4 bedroom houses with the affordable homes made up of 1, 2 and 3 bedroom apartments. In the interests of delivering a mixed, sustainable community the AHP requires that affordable housing should consist of a representative mix of house types and sizes across the site. The applicant was made aware of this at the pre- application discussions, and the Council has been consistent on other plots across the city in seeking a more representative mix that avoids a situation where all of the houses are market homes, and all of the affordable tenure units are flatted. The applicant is requested to revisit this aspect of the application.

4. How these Homes will be secured

This affordable housing will be secured through a Section 75 Legal Agreement thus assuring the delivery of affordable housing for this site

5. Summary

This department welcomes the applicant’s commitment to providing a full 25% of on site affordable housing, however, require that the following amendments are undertaken in order to achieve full integration and a representative mix of house types:

- The affordable housing be divided over 2 separate plots

Development Management sub committee – 23 October 2013 Page 25 of 37 - Some low-rise affordable homes be included within the 25% affordable allocation - Commitment to tenure blind construction

The above issues have been raised with the applicant during pre-application discussions and the Council has been consistent in providing this same steer for sites across the city.

Archaeology

The site occupies and retains listed elements of the former 19th century LRT Engineering Works constructed on the site of Shrub House. This historic house constructed in the late-18th century is first shown on Ainslie’s 1804 plan of Edinburgh and survived until the late 1950’s when it was demolished during the expansion of the tram depot and engineering works. The application site also lies adjacent to the medieval road linking Edinburgh with its port in Leith roughly mid way between the Old town and its port. This location is associated with the site for one of Edinburgh’s town gallows, thought to be located here between c.1570 and the later half of the 18th century. During the late 18th century and the 19th century the Leith walk frontage steadily became developed for housing and industrial use.

The site is therefore regarded as occurring within an area of archaeological importance both in terms of late-medieval and post-medieval development of Edinburgh's hinterland and built industrial 19th/20th heritage (19th century Tramway works). As such this application must be considered therefore under terms the Scottish Government Historic Environment Policy (SHEP), Scottish Planning Policy (SPP), PAN 02/2011 and also Edinburgh City Local Plan Policies ENV2, ENV4, ENV8 & ENV9. The aim should be to preserve archaeological remains in situ as a first option, but alternatively where this is not possible, archaeological excavation or an appropriate level of recording may be an acceptable alternative.

Buried Archaeology The results of the programme of archaeological works carried out on the site by Headland Archaeology (in response to a condition attached to 05/03128/FUL) have demonstrated that although the remains of Shrub House have been removed by the construction of the Tram-works in the 19th century, significant remains associated with the 18th & 19th century buildings occupying the Leith Walk frontage plus a service tunnel associated with the 19th century Tram do still survive on this site.

Accordingly it has been concluded that this new development will have a moderate archaeological impact. Accordingly it is essential that the a suitable of archaeological works is carried out prior to and during development in order to fully excavate, record and analyse any significant archaeological remains that may survive where preservation in situ is not possible. It is also recommended that the results form this work will be fed into the overall post-excavation analysis and publication as yet to be completed in relation to the archaeological work undertaken in response to application 05/03218/FUL.

Interpretation In addition given the local historic importance surrounding the site, it is felt important that the developer undertake and produce a permanent public interpretation scheme as part of the overall archaeological scheme of works. The scheme would explore and

Development Management sub committee – 23 October 2013 Page 26 of 37 describe the archaeology, history and significance of the site as a whole as well as looking specifically at the surviving historic tramway buildings.

Accordingly is it is essential that the following condition is attached to this consent to ensure that undertaking of the above elements of archaeological work are undertaken.

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

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

Historic Buildings Firstly it is to be welcomed that the two surviving B-listed tramway workshops and associated power-station chimney located across the western end of the site are to be retained and redeveloped. As these structures have been surveyed by Headland Archaeology in 2007 (Shrubhill Transport Depot, Geddes G 2008) there is no further requirement for archaeological recording of these historic buildings.

In contrast to the above this scheme also proposes to demolish the surviving B-listed wall containing the northern gables of the former Tram Shed. Such a proposal is considered to clearly have a significant adverse impact as it would lead to the loss of this important industrial-heritage asset. According in my opinion this aspect of this planning application is contra to CEC Planning Policies ENV2, ENV8 & ENV9 which seek to retain significant archaeological heritage. Therefore it is my recommendation that this application is refused unless plans are submitted which will see this historic listed wall retained and conserved.

Transport Planning

Whilst I have no objection to the proposed application in principle, there are a number of detailed issues to be resolved including layout and design of Dryden Terrace bridge, and the internal layout etc. of the development.

I would therefore be grateful if the application could be continued.

Further comments dated 27 September 2013

I refer to my memorandum of 29 April 2013 concerning the above application and confirm that I have no objections to the application subject to the following being included as conditions or informatives as appropriate:

1. All accesses must be open for use by the public in terms of the statutory definition of ‘road’ and require to be the subject of applications for road construction consent; 2. Consent should not be issued until the applicant has entered into a suitable legal agreement to provide the following:

Development Management sub committee – 23 October 2013 Page 27 of 37 - A contribution of £471,476 to the Edinburgh Tram (£256,143 for 160 residential units and £215,313 for 1300m² commercial pub. Note: if a different commercial use is proposed then this will reduce to £119,600 depending on the type); - A contribution of £7,000 towards car club provision; - A contribution of £18,000 towards future a cycle route on the line of the railway.

Note: a) Dryden Terrace is an adopted road from MacDonald Road to the north-eastern side of the rail corridor. In my opinion, therefore, a bridge agreement is not required (see Network Rail letter dated 15 May 2013); b) Street names will be required for this development and the applicant should be asked to contact Street Naming as early as possible; c) The access on Leith Walk was proposed as left turn only to accommodate the tram line. It is considered that this is unnecessary until such time as the works associated with the tram are commenced and therefore until that time the access may remain as unrestricted. However, the applicant should note that this restriction may be imposed in the future; d) The applicant will be expected to provide a suitable adoptable link to the site boundary to provide a cycle and pedestrian link to a future cycle and pedestrian route on the rail line.

Environmental Assessment

The application proposes a mixed use development including residential (Class 9) and commercial premises (within classes 1, 2 and 3). Residential properties surround the site to the north, north-west and north-east. A railway corridor bounds the site to the south-west with an approved consent existing for hotel and student housing to the north- east on Leith Walk. Leith Walk bounds the site to the south-east and a Masonic Lodge is situated to the south-east of the site.

Noise

A noise impact assessment has been provided in support of the application which has considered surrounding operations. In this regard, appropriate mitigation measures have been recommended to address noise from the railway and road traffic on Leith Walk.

A Masonic Lodge is situated on the southern boundary of the site which includes licensed events incorporating amplified music. In addition, plant associated with the Masonic lodge operates into the early hours. The noise impact assessment indicated that there was a possibility that operational noise from the Masonic lodge could affect the residential amenity of the proposed properties. Therefore, the agent has proposed careful siting and design of the residential properties in conjunction with appropriate noise mitigation. In addition, passive ventilation which meets the Building Regulations, is passive and acoustically attenuated will be installed within the properties affected by noise from the Masonic Lodge. Such measures will allow the windows to be closed if noise affects the application properties whilst also ensuring that the level of amenity within the properties is not detrimentally affected. A condition is recommended to that effect.

The application may include a Class 3 premises which can impact upon residential amenity by way of ventilation odours and noise if not properly controlled. Therefore,

Development Management sub committee – 23 October 2013 Page 28 of 37 conditions will be recommended by this Department to ensure odours and noise from the Class 3 premises will not impact upon residential amenity.

Additionally, this Department will recommend conditions to protect the residential amenity of the flats proposed for Leith Walk which are to be situated above the proposed commercial properties. The conditions will address noise from delivery and collection, plant, music and other operational noise and vibration associated with the application commercial premises.

Air Quality

The site lies in close proximity to the central Edinburgh Air Quality Management Area (AQMA) which has recently been extended to include and London Road. Therefore the applicant was requested to carry out an air quality impact assessment due to the size and location of the proposed development.

Environmental Assessment requested that the assessment was carried out in accordance with Planning for Air Quality Development Control: Planning for Air Quality -2010 Update. The applicant has submitted an air quality impact assessment in support of the application and it concludes that the development will have a negligible impact on the local area. Edinburgh Council’s Local Air Quality Management Progress Report 2011 identified that nitrogen dioxide concentrations for 2010 within the city centre Air Quality Management Area (AQMA) continue to exceed targets at the majority of monitoring locations and therefore the AQMA will remain valid and possibly extended further.

The presence of an AQMA should not halt all development, but where development is permitted, the planning system should ensure that any impacts are minimised as far as is practicable. Where developments are proposed outside of, but adjacent to, an AQMA and where pollutant concentrations are predicted to be below the objectives/limit values, it remains important that appropriate mitigation is included in the scheme design and that, as far as is practicable, developments should be air quality neutral.

Environmental Assessment is of the opinion that the level of car parking proposed (136 spaces for 160 residential units) for this development is satisfactory for a location close to an area where local air quality problems are evident. It is worthy of note that the location is well served by good public transport links. In addition, it is understood that the applicant is committed to providing support for additional car club provisions which is supported by this section.

The air quality impact assessment highlighted that dust impacts from the construction phase may cause some air quality impacts. Therefore, the air quality impact assessment has recommended mitigation measures designed to reduce dust emissions from the site during construction. A condition is recommended to that effect to ensure that the mitigation measures are implemented.

Therefore, Environmental Assessment has no objections to this proposed development subject to the following conditions and informative:

Conditions

Site in General

Development Management sub committee – 23 October 2013 Page 29 of 37 Site Contamination

1. Prior to the commencement of construction works on site:

A site survey (including intrusive investigation where necessary) must be carried out to establish to the satisfaction of the Head of Planning, either that the level of risk posed to human health and the wider environment by contaminants in, on or under the land is acceptable, or that remedial and/or protective measures could be undertaken to bring the risks to an acceptable level in relation to the development; and Where necessary, a detailed schedule of any remedial and /or protective measures, including their programming, must be submitted to and approved in writing by the Head of Planning.

Any required remedial and/or protective measures shall be implemented in accordance with the approved schedule and documentary evidence to certify those works shall be provided to the satisfaction of the Head of Planning.

Air Quality

2. The construction phase of the development shall proceed in accordance with the requirements and recommendations of the air quality impact assessment (WSP Air Quality Assessment dated 5 April 2013 section 6.1.)

Residential Amenity

Mitigation to Address Noise from Road Traffic

3. The enhancements to the building envelope, as defined in the RPS Noise Impact Assessment report (Ref. SAE7571 Dated 4th April 2013), shall be carried out in full and completed prior to occupation of the properties.

Those works comprise the following construction mitigation measures:

The composite facade glazing for living rooms facing directly onto Leith Walk at the site boundary require to meet Rw 28dB and the composite facade for equivalent bedrooms require meeting Rw 33dB.

Mitigation to Address Noise from the Masonic Lodge

4. The enhancements to the building envelope, as defined in the RPS Noise Impact Assessment report (Ref. SAE7571 Dated 4th April 2013 Addendum Email), shall be carried out in full and completed prior to occupation of the properties.

Those works comprise the following construction mitigation measures:

The composite facade glazing for living rooms and bedrooms affected by noise from the Masonic Lodge require to meet specification 10/4/6 or similar and have acoustic performance of 33dB (C-1, Ctr-3). The affected properties are specified within drawing number 12068(00)900.

5. Prior to commencement of works on site, details of the means of ventilating the residential properties which are affected by noise from the Masonic Lodge and traffic from Leith Walk should be submitted and agreed with the Planning Authority.

Development Management sub committee – 23 October 2013 Page 30 of 37

Informative; this condition relates to those rooms which overlook Leith Walk and the Masonic Lodge (which are highlighted in drawing number 12068(00)900). The ventilation system should be passive and meet the requirements of building control standards in terms of ventilation rates.

Class 1 Retail

6. Deliveries and collections, including waste collections, to be restricted to 0700 - 1900 hours Monday to Saturday and 0900 - 1700 on Sundays.

7. The design, installation and operation of any plant, machinery or equipment shall be such that any associated noise complies with NR25 when measured within any nearby living apartment, and no structure borne vibration is perceptible within any nearby living apartment.

8. The sound insulation properties or sound transmission characteristics of the structures and finishes shall be such that no impact or airborne noise from the normal operations within the application premises is audible in any neighbouring living apartment.

Class 2 Office

9. The design, installation and operation of any plant, machinery or equipment shall be such that any associated noise complies with NR25 when measured within any nearby living apartment, and no structure borne vibration is perceptible within any nearby living apartment.

Class 3 Cafe

10. The design, installation and operation of any plant, machinery or equipment shall be such that any associated noise complies with NR25 when measured within any nearby living apartment, and no structure borne vibration is perceptible within any nearby living apartment.

11. The kitchen shall be ventilated by a system capable of achieving 30 air changes per hour, and the cooking effluvia shall be ducted a suitable exhaust point as agreed with the Planning Authority to ensure that no cooking odours escape or are exhausted into any neighbouring premises. The ventilation system shall be installed, tested and operational prior to the use hereby approved being taken up.

12. The sound insulation properties or sound transmission characteristics of the structures and finishes shall be such that no impact or airborne noise from the normal operations within the application premises is audible in any neighbouring living apartment.

13. Deliveries and collections, including waste collections, to be restricted to 0700 - 1900 hours Monday to Saturday.

14. All music and vocals, amplified or otherwise, shall be so controlled as to be inaudible within any neighbouring premises.

Development Management sub committee – 23 October 2013 Page 31 of 37 SEPA

We have no objection to this planning application. Please note the advice provided below.

Advice for the planning authority

1. Surface water drainage

1.1 It is proposed to discharge surface water from the development to the combined sewer. Our preference would be to treat surface water by sustainable drainage systems (SUDS) and discharge to the water environment. SUDS help to protect water quality, reduce potential for flood risk and release capacity in the public sewerage network. Discharges to combined sewers should be avoided to free up capacity for waste water discharges.

1.2 Scottish Water should be consulted to ensure that they are willing to accept the surface water from the proposed development into the combined sewer. Scottish Water only accepts surface water into a combined system in exceptional circumstances. We would expect Scottish Water and the applicant to ensure that all reasonable efforts are made to remove surface water from the combined sewer.

1.3 Comments from Scottish Water, where appropriate, the Local Authority Roads Department and the Local Authority Flood Prevention Unit should be sought in terms of water quantity/flooding and adoption issues.

2. Waste water drainage

2.1 The planning application details that the proposed development would be utilising the public sewer for foul drainage. The applicant should consult with Scottish Water to ensure a connection to the public sewer is available and whether restrictions at the local sewage treatment works will constrain the development.

Detailed advice for the applicant

3. Surface water drainage

3.1 We encourage surface water runoff from all developments to be treated by sustainable drainage systems (SUDS) in line with Scottish Planning Policy (Consultative Draft Paragraph 160), PAN 61 Planning and Sustainable Urban Drainage Systems and PAN 79 Water and Drainage. Further guidance on SUDS can be found in the SUDS section of our website.

Network Rail

Whilst Network Rail has no objections in principle to the proposal, due to its close proximity to the operational railway, we would request that the following matters are taken into account, and if necessary and appropriate included as conditions or advisory notes, if granting the application:

‘The proposed development includes a new vehicular access over Overbridge 026/004 Dryden Terrace. Network Rail owns and maintains part of this bridge.

Development Management sub committee – 23 October 2013 Page 32 of 37 * The proposed vehicular access over this bridge will be subject to further discussions and will require the developer/Local Authority to enter into a servitude and bridge agreement with Network Rail.

Uncontrolled drainage towards the railway may have a direct impact on the reliability and frequency of the rail transport in your area. * All surface or foul water arising from the development must be collected and diverted away from Network Rail Property. (Any Sustainable Urban Drainage Scheme should not be sited within 10 metres of railway infrastructure and should be designed with long term maintenance plans which meet the needs of the development).

The railway can be a dangerous environment. Suitable barriers must be put in place by the applicant to prevent undue interaction between site occupiers and the railway. * If not already in place, the applicant must provide a suitable trespass proof fence of at least 1.8 metres in height along the boundary of the application site adjacent to Network Rail’s boundary and provision for the fence’s future maintenance and renewal should be made. We recommend a 1.8 metre high ‘rivetless palisade’ or ‘expanded mesh’ fence. Network Rail’s existing boundary measure must not be removed without prior permission.

The proximity and type of planting proposed are important when considering a landscaping scheme. Leaf fall in particular can greatly impact upon the reliability of the railway in certain seasons. Network Rail can provide details of planting recommendations for neighbours. * Where trees/shrubs are to be planted adjacent to the railway boundary these should be positioned at a minimum distance from the boundary which is greater than their predicted mature height. Certain broad leaf deciduous species should not be planted adjacent to the railway boundary.

Any lighting associated with the development (including vehicle lights) must not interfere with the sighting of signalling apparatus and/or train drivers vision on approaching trains. * The location and colour of lights must not give rise to the potential for confusion with the signalling arrangements on the railway. The applicants should obtain Network Rail’s approval of their detailed lighting proposals. Following occupation of the development, if within three months Network Rail or a Train Operating Company has identified that lighting from the development is interfering with driver’s vision and/or signal sighting, alteration/mitigation will be required to remove the conflict at the applicant’s expense.

Construction works must be undertaken in a safe manner which does not disturb the operation of the neighbouring railway. Applicants must be aware of any embankments and supporting structures which are in close proximity to their development. * Details of all changes in ground levels, laying of foundations/piling works and operation of mechanical plant in proximity to the rail line must be submitted to Network Rail’s Asset Protection Engineer for approval prior to works commencing on site. Where any works cannot be carried out in a "fail-safe" manner, it will be necessary to restrict those works to periods when the railway is closed to rail traffic i.e. by a "possession" which must be booked via Network Rail’s Asset Protection Engineer and are subject to a minimum prior notice period for booking of 20 weeks.

The developer must contact our Asset Protection Engineers regarding the above matters.

Development Management sub committee – 23 October 2013 Page 33 of 37

We trust full cognisance will be taken of these comments.

Lothian & Borders Badger Group

Members of the Lothian & Borders Badger Group visited the site at Shrubhill and checked the locations indicated in the Environmental Report as probable badger setts.

The soil is very sandy, and, on the day of the survey, very dry so most animal footprints were indistinct. However we found only fox prints, and fox earths, one with a fox in residence. We could find no sign to indicate badgers have setts on the site although we did not attempt to check the piles of rubble for safety reasons.

It is possible that badgers pass through the site and probably use the adjoining railway line as a green corridor. The nearest recorded sett is almost 2km away, but a badger was sighted on Leith Walk so there may be other setts in the vicinity.

In summary, we found nothing to suggest that badgers were on or using this site.

Scottish Water

With regards to non-domestic premises, Scottish Water has no objection to this planning application. Since the introduction of the Water Services (Scotland) Act 2005 in April 2008 the water industry in Scotland has opened up to market competition for non-domestic customers. Non-domestic Household customers now require a Licensed Provider to act on their behalf for new water and waste water connections. Further details can be obtained at www.scotlandontap.gov.uk.

With regards to domestic premises, Scottish Water has no objection to this planning application. This response is made based on the information available to us at this time and does not guarantee a connection to Scottish Water’s infrastructure. A separate application should be submitted to us made for connection to our infrastructure after full planning has been granted.

A3: In terms of planning consent, Scottish Water does not object to this planning application. However, please note that any planning approval granted by the Local Authority does not guarantee a connection to our infrastructure. Approval for connection can only be given by Scottish Water when the appropriate application and technical details have been received.

Due to the size of this proposed development it is necessary for Scottish Water to assess the impact this new demand will have on our existing infrastructure. With Any development of 10 or more housing units, or equivalent, there is a requirement to submit a fully completed Development Impact Assessment form. Development Impact Assessment forms can be found at www.scottishwater.co.uk.

Glencorse Water Treatment Works may have capacity to service this proposed development.

The water network that serves the proposed development may be able to supply the new demand.

Development Management sub committee – 23 October 2013 Page 34 of 37 Edinburgh Waste Water Treatment Works may have capacity to service this proposed development.

The waste water network that serves the proposed development may be able to accommodate the new demand.

In some circumstances it may be necessary for the Developer to fund works on existing infrastructure to enable their development to connect. Should we become aware of any issues such as flooding, low pressure, etc the Developer will be required to fund works to mitigate the effect of the development on existing customers. Scottish Water can make a contribution to these costs through Reasonable Cost funding rules.

Scottish Water is funded to provide capacity at Water and Waste water Treatment Works for domestic demand. Funding will be allocated to carry out work at treatment works to provide growth in line with the Local Authority priorities. Developers should discuss delivery timescales directly with us.

If this development requires the existing network to be upgraded, to enable connection, the developer will generally meet these costs in advance. Scottish Water can make a contribution to these costs through Reasonable Cost funding rules. Costs can be reimbursed by us through Reasonable Cost funding rules

A totally separate drainage system will be required with the surface water discharging to a suitable outlet. Scottish Water requires a sustainable urban drainage system (SUDS) as detailed in Sewers for Scotland 2 if the system is to be considered for adoption.

These proposals may involve the discharge of trade effluent to the public sewer and may be subject to control as defined in Part II of the Trade Effluent Control and Charging Scheme. No substance may be discharged to the public sewerage system that is likely to interfere with the free flow of its content, have detriment to treatment / disposal of their contents, or be prejudicial to health.

Appropriately sized grease traps must be installed on all drainage outlets from food preparation areas. No substance may be discharged to the public sewerage system that is likely to interfere with the free flow of its content, have detriment to treatment / disposal of their contents, or be prejudicial to health.

This proposal requires the provision of an Oil Interceptor prior to discharge to the public sewer system. The applicant should also consult with SEPA on this matter. No substance may be discharged to the public sewerage system that is likely to interfere with the free flow of its content, have detriment to treatment / disposal of their contents, or be prejudicial to health.

Scottish Water’s current minimum level of service for water pressure is 1.0 bar or 10m head at the customer’s boundary internal outlet. Any property which cannot be adequately serviced from the available pressure may require private pumping arrangements installed, subject to compliance with the current water byelaws. If the developer wishes to enquire about Scottish Water’s procedure for checking the water pressure in the area then they should write to the Customer Connections department at the above address.

Development Management sub committee – 23 October 2013 Page 35 of 37

An appropriate water storage system Water storage equivalent to 24 hours usage is recommended for commercial premises. Details of such storage installations must be forwarded can be discussed to Scottish Water’s Customers Connections department at the above address.

If the connection to public sewer and/or water main requires to be laid through land out- with public ownership, the developer must provide evidence of formal approval from the affected landowner(s). This should be done through a deed of servitude.

Location Plan

© Crown Copyright and database right 2013. All rights reserved. Ordnance Survey License number 100023420

Development Management sub committee – 23 October 2013 Page 36 of 37 END

Development Management sub committee – 23 October 2013 Page 37 of 37

Development Management Sub Committee

Wednesday 23 October 2013

Application for Listed Building Consent 13/01071/LBC At Site 69 Metres West Of 7 Shrub Place, Edinburgh Retain existing chimney, alter existing tram workshops to accommodate residential development, reduce height of existing gable wall to remove requirement for galvanised steel buttresses.

Item number Report number Wards A12 - Leith Walk

Links

Policies and guidance for LPC, CITE2, CITE4, NSG, NSLBCA, this application

David R. Leslie Acting Head of Planning and Building Standards

Contact: Andrew Trigger, Planning Officer E-mail:[email protected] Tel:0131 529 3931

Executive summary

Application for Listed Building Consent 13/01071/LBC At Site 69 Metres West Of , 7 Shrub Place, Edinburgh Retain existing chimney, alter existing tram workshops to accommodate residential development, reduce height of existing gable wall to remove requirement for galvanised steel buttresses.

Summary

The proposed development will enhance the special characteristics of the listed tram sheds and chimney stack. The special interest of the gable wall has been diminished and the alterations to the wall are accepted on this basis. There are no other material considerations that outweigh this conclusion. Recommendations

It is recommended that this application be Granted subject to the details below (in section 3 of the main report). Financial impact

There are no financial implications to the Council. Equalities impact

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

This application is not subject to the sustainability requirements of the Edinburgh Design Guidance. Consultation and engagement

Pre-Application Process

Pre-application discussions took place on this application.

Publicity summary of representations and Community Council comments

The application was advertised on 19 April 2013. There have been 16 letters of representation received, all of which object to the proposals. The letters of representation raised the following material issues:

 Impact upon the historic environment;  Scale and design;  Residential amenity; and  Road and pedestrian safety;

A full assessment of the representations can be found in the main report in the Assessment section. Background reading / external references

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

Development Management sub committee – 23 October 2013 Page 3 of 11 Report

Application for Listed Building Consent 13/01071/LBC At Site 69 Metres West Of 7 Shrub Place, Edinburgh Retain existing chimney, alter existing tram workshops to accommodate residential development, reduce height of existing gable wall to remove requirement for galvanised steel buttresses. 1. Background

1.1 Site description

The site, covering approximately 2 hectares, lies between Leith Walk and Dryden Street. A large proportion of the site has now been cleared having previously contained the Lothian Transport bus depot, formerly a tram depot. The category B listed red brick buildings and chimney stack at the Dryden Street end (ref 45956, listed 10 March 1999) remain on site. The gable wall of the former tram shed, separating the site from the Shaw's Colonies and which also forms part of the listing, is currently propped up.

The Leith Walk frontage of the site is located within the Leith Conservation Area. The listed buildings are located within the Pilrig Conservation Area and the listed gable wall forms the boundary of the Shaw's Colonies (Pilrig) Conservation Area.

1.2 Site History

24 May 2006 - listed building consent granted for the conversion of the listed tram sheds (Reference: 05/03128/LBC).

April 2013 - an application for a proposed mixed use development including redevelopment of listed buildings (tram workshops) is currently under consideration (Reference: 13/01070/FUL). 2. Main report

2.1 Description Of The Proposal

Listed building consent is sought to retain and convert the tram sheds to accommodate 28 residential flats. Consent is also sought to reduce the height of the gable wall of the previously demolished shed to 3 metres and introduce a new cope. The chimney stack will be retained.

The ground floor of the smaller tram shed will be used as a parking area for 18 vehicles and refuse storage. The upper floor will contain four flats set off a central atrium. A new stair core will be introduced at the eastern end of the building. Three new large openings will be introduced to the rear of the building with steel section surrounds and will contain glazing at first floor level and metal louvres at ground floor level. Metal louvres will also be introduced to existing openings at ground floor level to serve the car

Development Management sub committee – 23 October 2013 Page 4 of 11 parking. The vehicular access will have cast iron sliding gates. One of the existing window openings on the south-west elevation will be extended to ground level to accommodate a new entrance. Zinc panels will be introduced to the existing openings to screen the change in floor levels. Slate and patent glazing will be used to reinstate the roof.

The larger tram shed will be converted to provide 8 flats on each of the ground, first and second floors set off a central atrium. A new stair core will be introduced at the eastern end of the building. The previous tram/bus entrance will be infilled with glazing and zinc panels. All new windows will be timber framed.

The following documents have been submitted in support of the application, all of which are available to view on the Planning & Building Standards Online Services:

 Structural Condition Report - Tram Shed;  Structural Condition Report - Chimney;  Design Statement; and  SHEP Assessment.

2.2 Determining Issues

Do the proposals preserve the building or its setting or any features of special architectural or historic interest which it possesses? If not, there is a presumption against the granting of consent. For the purposes of this issue, preserve, in relation to the building, means preserve it either in its existing state or subject only to such alterations or extensions as can be carried out without serious detriment to its character.

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

2.3 Assessment

To address these determining issues, the Committee needs to consider whether: a) the proposals will affect the special historic or architectural importance of the listed buildings; b) the proposals have any equalities or human rights impacts; and c) the representations raise issues to be addressed. a) Character of Listed Buildings

Tram Shed:

The tram sheds are generally in structurally good condition with the notable exceptions being the timber roof structures, which have been heavily exposed to the weather and areas of masonry that have suffered from water ingress. The buildings will physically be able to accommodate the proposed conversion without detriment to the historic fabric.

Development Management sub committee – 23 October 2013 Page 5 of 11 The interior of the buildings is largely a shell that has suffered from extensive vandalism. However, the central columns that supported the roof structure are in situ and will be restored to form a strong design feature within the proposed atriums.

The new openings on the rear of the smaller shed will replace several smaller openings that do not contribute significantly to architectural interest of the building. The new opening will provide a degree of symmetry and order that is more consistent with the remainder of the building. Historic Scotland has raised some design points about the treatment of window openings. The suggested works will not compromise the wider redevelopment and therefore these matters can be addressed by way of planning condition.

The introduction of zinc panels and metal louvers will help retain the industrial appearance of the buildings. They will be good quality finishes that respect the integrity of the listed buildings and will subtly conceal the works behind.

The overall level of alterations to the tram sheds is modest and the introduction of a use that will maintain the historic fabric long term is to be welcomed.

Gable Wall:

The brick gable wall with saw tooth profile has been retained following the previous demolition of the associated tram shed. Since that demolition, the wall has required permanent structural support in the form of metal stanchions.

Local residents are particularly concerned about the proposed alterations to the gable wall, including the loss of the profile. Given the extent of change proposed to the wall, the applicant has assessed the proposals against the Scottish Historic Environment Policy (SHEP) with a particular focus on criterion a) that the building is not of special interest.

The applicant argues that the interest of the wall is greatly reduced by the fact that it no longer serves the building for which it was intended and that the saw tooth profile is replicated in the tram sheds that are to be retained. It is argued that the tram sheds are of special interest given that they are relatively in tact and use the same materials as the gable wall. There is therefore nothing of significance about the wall that cannot be better served by the retained tram sheds. The wall was not designed to stand alone and requires to be permanently supported; the ongoing maintenance of which will place a burden upon redevelopment. Historic Scotland has stated that the previous demolition of the tram shed has diminished the interest of the wall and has raised no objections to the truncation of the wall although the retention of some features should be investigated. It is recommended as a planning condition that further investigation be undertaken about the feasibility of retaining some features of the wall.

In summary, the retention of the chimney stack and the conversion of the tram sheds are to be welcomed and the proposed alterations to the listed gable wall are accepted on the basis of the diminished special interest, meeting criterion a) of SHEP. b) Equalities and Human Rights

The application has been assessed in respect of equalities and human rights and the proposals will have a neutral impact.

Development Management sub committee – 23 October 2013 Page 6 of 11 c) Representations

Material Comments

Issues relating to the historic environment:  Reducing the wall will be detrimental to the historic streetscape;  Reducing the wall will be detrimental to the character of the listed colonies;  Louvres over car park level are not in keeping with the listed structure and do not create a good relationship with the street;  Retention of the distinctive shape of the wall should be considered;  Integration of the listed wall into the proposals;

These issues have been addressed in section a) of the assessment.

General Comments

 Alterations to the listed wall did not form part of the pre-application consultation;

It is not uncommon for proposals to alter from the pre-application to application stage. Residents have had the opportunity to comment on this issue as part of the application process.

 Only reason for the reduction of the wall is cost;

The cost of long-term maintenance is a factor for the redevelopment of the site. This has been specifically noted by Historic Scotland. Viability of redevelopment is an important consideration and in this case, given the restoration of other listed buildings of greater interest, the alteration of the wall is accepted.

 Neighbour notification process - lack of notification;

There is no neighbour notification procedure for listed building consent application.

CONCLUSION

In conclusion, the proposed development will enhance the special architectural and historic interest of the listed tram sheds and chimney stack. The special interest of the gable wall has been diminished and the alterations to the wall are accepted on this basis. There are no other material considerations that outweigh this conclusion.

It is recommended that the Committee approves this application subject to conditions relating to window details and wall features.

3. Recommendations

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

3.2 Conditions/reasons

1. The application shall be notified to the Scottish Ministers prior to determination.

Development Management sub committee – 23 October 2013 Page 7 of 11 2. Prior to work commencing on alterations to the listed gable wall, details of the final design of the wall shall be submitted for the approval of the Planning Authority having first been agreed by Historic Scotland.

3. Prior to work commencing on alterations to the listed tram sheds, details of the alterations to the window openings shall be submitted for the approval of the Planning Authority having first been agreed by Historic Scotland.

Reasons:-

1. In order to accord with the statutory requirements of the Town and Country Planning (Scotland) Acts.

2. In order to retain and/or protect important elements of the existing character and amenity of the site.

3. In order to retain and/or protect important elements of the existing character and amenity of the site.

Informatives

It should be noted that:

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

Statutory Development Plan Provision The application site is identified in the Edinburgh City Local Plan as a housing proposal (HSG 18).

Date registered 4 April 2013

Drawing numbers/Scheme 01-14,

Scheme 1

David R. Leslie Acting Head of Planning and Building Standards

Development Management sub committee – 23 October 2013 Page 8 of 11

Links - Policies

Relevant Policies:

Relevant policies of the Edinburgh City Local Plan.

Policy Env 2 (Listed Buildings - Demolition) identifies the circumstances in which the demolition of listed buildings will be permitted.

Policy Env 4 (Listed Buildings – Alterations & Extensions) identifies the circumstances in which alterations and extensions to listed buildings will be permitted.

Relevant Non-Statutory Guidelines

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

Appendix 1

Consultations

Historic Scotland

The former Shrubhill Works, a tramway workshop and cable power station was constructed in 1898 at a cost of £32,000, being designed by William N Colam and John Cooper, the Burgh Engineer. It was listed Category B in 1999.

Firstly, we welcome the retention and residential conversion of the remaining buildings on the site facing Dryden Street. However, greater care could be taken to replicate the designs of the original openings, rather than enforcing a new design. The arched openings on both buildings (where not bricked up flush) are designed in a particular (and architecturally coherent) way with the strong verticals of the Diocletian window being carried down under the stone string (in stone and timber). This is lost, and needn’t be, in the proposed conversion, (although some openings retain the arrangement). Further details should be provided. We also welcome the retention of the truncated chimney stalk, a great feature for the new development.

We note that it is intended to treat the removal of the boundary walling, the former eastern wall of the station sheds, as substantial demolition, rather than alteration, of the listed building. Thus, a justification in line with the SHEP test has been provided. However, the conclusions of the submitted SHEP test report (July 2013) do not really address any of the SHEP tests successfully.

Since the building was listed major demolition work has taken place on the site. In such cases it may be appropriate to seek a reassessment of the list description based on the current situation.

However, in this case, it is clear that the walling concerned no longer forms part of the building it was designed for (and listed under), and thus its interest is diminished.

We note the ongoing maintenance issues and the unwelcome effect the walling would have on the new housing in its lee. With this in mind, and with the welcome conversion of the remaining listed buildings, we would have no objections to the truncation of the walling, although a couple of the gables could be retained as a memory of the original building, or a feature could be made of their design (e.g. round windows) in the truncated walling.

The conversion of the listed buildings and new build housing is similar to an enabling development scheme. With this in mind, we would recommend that a condition is applied to ensure they are converted early in the overall scheme, or before occupation of the new units. Such a condition should ensure the listed buildings are not left until last, with the dangers of them remaining derelict.

Development Management sub committee – 23 October 2013 Page 10 of 11

Location Plan

© Crown Copyright and database right 2013. All rights reserved. Ordnance Survey License number 100023420 END

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