DECISION NOTICE AND REPORT OF HANDLING Application address - 67 Lauriston Farm Road Edinburgh EH4 5EX Application Ref. No - 18/10471/FUL Review Ref No - 19/00079/REVREF Review Lodged Date 03.06.2019 Mike Clarke Development Direct Scotland Ltd. 3 Flat 1F2 51 Dalry Road Inverleith Gardens Edinburgh Edinburgh United Kingdom Scotland EH11 2BX EH3 5PU Date: 5 March 2019, Your ref: TOWN AND COUNTRY PLANNING (SCOTLAND) ACTS DEVELOPMENT MANAGEMENT PROCEDURE (SCOTLAND) REGULATIONS 2013 Erect 2 (two) one and a half storey steading type semi-detached dwelling houses within the grounds of 67 Lauriston Farm Road, Edinburgh. At 67 Lauriston Farm Road Edinburgh EH4 5EX Application No: 18/10471/FUL DECISION NOTICE With reference to your application for Planning Permission registered on 7 January 2019, this has been decided by Local Delegated Decision. The Council in exercise of its powers under the Town and Country Planning (Scotland) Acts and regulations, now determines the application as Refused in accordance with the particulars given in the application. Any condition(s) attached to this consent, with reasons for imposing them, or reasons for refusal, are shown below; Conditions:- Reasons:- 1. The proposal does not involve development for agriculture, woodland and forestry, horticulture or countryside recreation. The proposal does not involve an intensification of the existing use, the replacement of an existing building with a new building in the same use, or a change of use of an existing building. The proposal is contrary to policy Env 10 of the Edinburgh Local Development Plan (LDP) and the Council's Guidance for Development in the Countryside and Green Belt; and is not acceptable in principle. The proposal would have a significant adverse impact on the special character of the Special Landscape Area and would not have a positive impact on its surroundings, including the character of the wider townscape and landscape and is therefore contrary to policies Env11, Des1 and Des4 of the Edinburgh Local Development Plan. The proposals would not provide a satisfactory level of amenity for the future occupiers of the dwellings or satisfactorily safeguard the amenity of the occupiers of the dwelling to the north of the site. The proposal is therefore contrary to policy Des5 of the Edinburgh Local Development Plan. Please see the guidance notes on our decision page for further information, including how to appeal or review your decision. Drawings 01A-05A, represent the determined scheme. Full details of the application can be found on the Planning and Building Standards Online Services The reason why the Council made this decision is as follows: The proposal does not involve development for agriculture, woodland and forestry, horticulture or countryside recreation. The proposal does not involve an intensification of the existing use, the replacement of an existing building with a new building in the same use, or a change of use of an existing building. The proposal is contrary to policy Env 10 of the Edinburgh Local Development Plan (LDP) and the Council's Guidance for Development in the Countryside and Green Belt; and is not acceptable in principle. The proposal would have a significant adverse impact on the special character of the Special Landscape Area and would not have a positive impact on its surroundings, including the character of the wider townscape and landscape and is therefore contrary to policies Env11, Des1 and Des4 of the Edinburgh Local Development Plan. The proposals would not provide a satisfactory level of amenity for the future occupiers of the dwellings or satisfactorily safeguard the amenity of the occupiers of the dwelling to the north of the site. The proposal is therefore contrary to policy Des5 of the Edinburgh Local Development Plan. This determination does not carry with it any necessary consent or approval for the proposed development under other statutory enactments. Should you have a specific enquiry regarding this decision please contact Astrid Walker directly on 0131 529 3620. David R. Leslie Chief Planning Officer PLACE The City of Edinburgh Council NOTES 1. If the applicant is aggrieved by the decision to refuse permission for or approval required by a condition in respect of the proposed development, or to grant permission or approval subject to conditions, the applicant may require the planning authority to review the case under section 43A of the Town and Country Planning (Scotland) Act 1997 within three months beginning with the date of this notice. The Notice of Review can be made online at www.eplanning.scot or forms can be downloaded from that website. Paper forms should be addressed to the City of Edinburgh Planning Local Review Body, G.2, Waverley Court, 4 East Market Street, Edinburgh, EH8 8BG. For enquiries about the Local Review Body, please email [email protected]. 2. If permission to develop land is refused or granted subject to conditions and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by carrying out of any development which has been or would be permitted, the owner of the land may serve on the planning authority a purchase notice requiring the purchase of the owner of the land's interest in the land accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997. Report of Handling Application for Planning Permission 18/10471/FUL At 67 Lauriston Farm Road, Edinburgh, EH4 5EX Erect 2 (two) one and a half storey steading type semi-detached dwelling houses within the grounds of 67 Lauriston Farm Road, Edinburgh. Item Local Delegated Decision Application number 18/10471/FUL Wards B01 - Almond Summary The proposal does not involve development for agriculture, woodland and forestry, horticulture or countryside recreation. The proposal does not involve an intensification of the existing use, the replacement of an existing building with a new building in the same use, or a change of use of an existing building. The proposal is contrary to policy Env 10 of the Edinburgh Local Development Plan (LDP) and the Council's Guidance for Development in the Countryside and Green Belt; and is not acceptable in principle. The proposal would have a significant adverse impact on the special character of the Special Landscape Area and would not have a positive impact on its surroundings, including the character of the wider townscape and landscape and is therefore contrary to policies Env11, Des1 and Des4 of the Edinburgh Local Development Plan. The proposals would not provide a satisfactory level of amenity for the future occupiers of the dwellings or satisfactorily safeguard the amenity of the occupiers of the dwelling to the north of the site. The proposal is therefore contrary to policy Des5 of the Edinburgh Local Development Plan. Links Policies and guidance for LDPP, LDES01, LDES04, LDES05, LEN10, LEN11, this application LEN15, LEN16, LTRA02, LTRA03, NSG, NSGCGB, NSGD02, NSHOU, Report of handling Recommendations 1.1 It is recommended that this application be Refused for the reasons below.. Background 2.1 Site description The application site historically formed part of a farm complex, which included the farm house, outbuildings, steadings and garden area. The farm use has ceased some time ago and the application site now forms the garden to the farmhouse, located to the north of the site. A restaurant (Class 3) sits to the east of the site and Lauriston Castle to the west. The application site sits lower than the farmhouse and is largely grassed. There are a number of mature trees to the western and southern boundaries with overgrown bushes between. There is an existing access off Lauriston Farm Road. This adjoins a private access road which is currently being constructed, that runs to the south of the Toby Carvery and leads into the site and will serve the existing farmhouse. The site falls under the Local Nature Conservation Site, Special Landscape Area: Southern Forth Coast and is within the Green Belt. 2.2 Site History 06.01.2017 - Planning permission granted for Alter, refurbish and extend existing dwelling house and form new access road with associated landscaping works (as amended)-(15/03373/FUL). Main report 3.1 Description Of The Proposal Planning permission is sought to erect two, one and a half storey steading type semi -detached dwelling houses within the grounds of 67 Lauriston Farm Road. 3.2 Determining Issues Section 25 of the Town and Country Planning (Scotland) Act 1997 states - Where, in making any determination under the planning Acts, regard is to be had to the development plan, the determination shall be made in accordance with the plan unless material considerations indicate otherwise. 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? 3.3 Assessment To address these determining issues, it needs to be considered whether: a) The proposal is acceptable in principle b) The proposal would have a detrimental impact on the character and appearance of the Special Landscape Area and surrounding area c) The proposal would have a detrimental impact on neighbouring amenity and provide suitable amenity for the future occupiers d) The proposal raises any issues in respect of highway safety and parking provision e) The proposal raises any issues in respect of landscaping and biodiversity f) The proposal raises any issues in respect of archaeology g) Any issues raised in representations have been addressed, and h) The proposal raises any issues in respect of equalities and human rights a) The proposal is acceptable in principle The site is designated as being within the Green Belt in the Edinburgh Local Development Plan (LDP).