PLANNING APPLICATION: 15/02252/APP In the event that a recommendation on this planning application is overturned the Committee is reminded of the advice contained on the front page of the agenda for Reports on Applications INTRODUCTION At the meeting of the Planning & Regulatory Services Committee on 19 April 2016 it was agreed that consideration of the application be deferred directly to a public hearing (paragraph 5 of Minute refers). Due to a technical issue with the application form regarding land ownership, the Committee were unable to consider the application at the Special Meeting of the Planning & Regulatory Services Committee on 15 June 2016. It was agreed that the application be brought back to a public hearing at a future date (paragraph 2 of draft Minute refers). The technical issue has been addressed whereby the application site boundary has been altered/extended to include an additional area of land in the north-western corner of the site (Dwg 1 – 3, Rev B received 20 June 2016 refers). Under Section 34 of the 1997 Planning Act, the agent has certified that notice has been duly served on the owner of the additional land now included within the site. (The remainder of the land comprised in the application has previously been certified as being under the ownership of the applicant). With the 21-day period of notice available for comment on the application having expired, the Council is now able to proceed to determine the application as amended. Following adjustment of the application site boundary area, the site layout arrangements in the north-western corner of the site have been amended. The proposal is still to remove an existing 1.8m high stonework retaining wall and set it further back (northwards) into the site. With this set back, the number and position of the car parking spaces are unchanged (including spaces 7 - 9 on the amended drawing) but the thickness of the proposed retaining wall has been reduced (by about half from 675mm) and instead of being of blockwork construction, it will now be a “steel reinforced poured concrete retaining wall with no part of the foundation projecting beyond boundary”. Previously, the retaining wall abutted onto the western boundary of the site but, as now amended, the retaining wall (including foundations) will be located wholly within the site. The amended application details as described have also been subject to further neighbour notification procedures. As intimated at the earlier hearing, and as advised to notifiable interests located within 20m of the application site boundary, all previous representations received on the proposal have been carried forward into the on-going consideration of this application. Upon expiry of the latest notification period, 4 additional representations were received and these have been taken into account elsewhere in this report. The previous report (as submitted to this Committee) has been revised/updated to reflect the amended application and additional representations as received. The previous recommendation to grant planning permission subject to conditions remains unchanged. 8 THE PROPOSAL Application for planning permission (as amended) for the proposed demolition of the (vacant) Tennant Arms Hotel and its replacement by a new shop unit with associated parking. The replacement building would be approx. 25m long along its frontage (south elevation facing onto St Andrews Road), 12.5m deep and 7.5m high to the roof ridge. The new shop unit is located in the eastern half of the site along with a small yard area (for bin storage and external air conditioning and refrigeration plant), to be located between the eastern end of the building and an adjoining graveyard/cemetery and raised grassed area, and enclosed by 2.5m high palisade security fencing. The western half of the site would comprise a car park and pedestrian area and the rear of the building is located approx. 1m off an existing retaining wall located along the northern boundary of the site. Internally, the building would be single storey only with 275sq m gross floor space i.e. a 189sqm sales area and a 86sqm store room, the latter at the eastern end of the unit. Proposed external finishes include a black/blue slate pitched roof and white roughcast walls with stone cladding from the existing building being re-used on the front (south) and side (west) elevations, and grey aluminium framed double glazed windows and doors. The architectural recessed areas to be formed along the southern elevation will be finished with a smooth cement render tinted to match the stonework and the western elevation includes a five-bay full height glazed entrance with a sliding doorway and fascia signboard above. The replacement building is designed to reflect the style and scale of the original building on the site (minus the more recent substantial single and two storey flat roofed extensions added onto both ends and to the rear of the original building). The access to the new shop unit building would be from the car park area to the west. Located alongside and immediately to the north of the shop entrance is an external ATM (cash point machine), also accessed from the car park. 17 on-site car park spaces (including two disabled parking spaces) are proposed together with 3 cycle stands (for 6 bikes) and 1 motorcycle space. The frontage of the building would be set back into the site by approx. 2.5m from the line of the existing pavement along St Andrews Road. A new service lay-by, approx. 21m long and 3m deep, would be formed between the pavement and the carriageway. As amended, in the north-western corner of the site, the position of the existing retaining wall would be set further back (northwards) into the site and rebuilt, with a new steel reinforced concrete retaining wall enclosing the western and northern sides of 3 parking spaces (numbered 7 – 9 on amended drawing). This wall (including foundations) will be located wholly within the application site boundary as defined. Adjoining the wall and parking spaces, an existing flight of steps leading up/down between the car park and higher ground to the north including Walkers Crescent is to be retained. 9 THE SITE Existing, vacant, Tennant Arms Hotel, located on the northern side of St Andrews Road Lhanbryde with its existing car park area located on the western side of the existing building. The existing building fronts the edge of the pavement on the northern side of St Andrews Road. There are high stone/blockwork retaining walls located along the rear (north) boundary with a high, steep-sided embankment, a graveyard/cemetery and housing beyond. Beyond the site to the east, along the road frontage, there is a raised landscape area with mature trees and a graveyard/cemetery beyond. To the west, along the northern side of St Andrews Road, there are existing houses fronting onto the road and on the opposite side of the road, there are existing shops and residential properties. The existing access into the Hotel site (to be relocated as part of this proposal) is located towards the south western corner of the site and adjacent to an existing (eastbound) bus stop. A (westbound) bus stop is located on the opposite (southern) side of St Andrews Road. Apart from areas designated as “bus stop” there are no parking restrictions on this part of St Andrews Road and on-street parking already occurs in conjunction with the adjacent residential and commercial (shop) uses. HISTORY 15/01918/APP - Demolish existing hotel and erect shop unit with associated car parking facilities at Tennant Arms 15 St Andrew's Road Lhanbryde Elgin Moray - withdrawn 14 December 2015. 15/00645/APP - Change of use of former hotel to new shop with four flats at Tennant Arms 15 St Andrew's Road Lhanbryde Elgin Moray - withdrawn 8 June 2015. POLICY - SEE APPENDIX ADVERTISEMENTS None CONSULTATIONS Building Standards – Building Warrant required. The retaining wall has been specified as “steel reinforced poured concrete”. Whilst it is feasible to build such a wall in the location shown without encroaching onto neighbouring land, no specific construction details are available at this time and the final design of the wall is unknown. This will require to be verified fully during the course of considering any application for Building Warrant but without the full details it is not possible to comment specifically on the practicalities of building the wall as shown/proposed. 10 Planning & Development – No objections. Although of some historic and townscape value, the building is not listed nor is it in a conservation area. The replacement building does reflect the existing building in terms of architectural details and massing and is of the same height and general character. In terms of PP3 and IMP1, the proposal would not have a negative impact on the street scene. With regards to the retail aspect of the proposal, the principle of a small convenience store in Lhanbryde that would serve the local population and support any future expansion of the settlement is supported and is in line with Policy R3. Environmental Health Manager – Following receipt of noise impact assessment, no objection subject to a condition specifying the rating level of noise for the associated air conditioning and refrigeration plant associated with the proposal and for an assessment to be undertaken to demonstrate that the specified noise level is met. Contaminated Land - No objection. Transportation Manager – No objections subject to conditions and informatives as recommended, to include requirements for further details of the design of the service lay- by, a construction traffic management plan, a deliveries management plan, and specifications for the access and parking arrangements (for cars and cycles).