EAST AYRSHIRE COUNCIL SPECIAL PLANNING COMMITTEE: 29 APRIL 2016 15/0676/PPP: LEISURE AND TOURISM DEVELOPMENT INCLUDING: 450 HOLIDAY LODGES; 12 GLAMPING PITCHES; RESTORATION OF CASTLE TO SHELL CONVERSION TO HOTEL; NEW LEISURE FACILITIES INCLUDING LAKE; INDOOR WATER PARK WITH RETAIL PIZZA AND RESTAURANTS (6,500SQM), WATER SPORTS BUILDING (600 SQM), INDOOR SPORTS (5,000SQM). SPA (2,000SQM) AND CYCLE STORE. ERECTION OF DISTILLERY (1,552SQM) AND COMMUNITY HEAT PLANT (476SQM). ERECTION OF PHASED ENABLING DEVELOPMENT, WITH A FIRST PHASE OF 300 RESIDENTIAL DWELLINGS AND ADDITIONAL PHASES OF RESIDENTIAL DWELLINGS THAT WILL ENABLE THE COMPLETE RESTORATION OF THE CASTLE TO A HOTEL: COMMUNITY FACILITIES AND INFRASTRUCTURE. AT: LOUDOUN CASTLE, LOUDOUN CASTLE ESTATE A71 GALSTON ROUNDABOUT, GALSTON, EAST AYRSHIRE KA4 8PD BY LOUDOUN WOODS HOMES LTD Report by Head of Planning and Economic Development, Economy and Skills Click for Application Details: http://eplanning.east- ayrshire.gov.uk/online/applicationDetails.do?activeTab=summary&keyVal=NUCXL7 GF03N00 EXECUTIVE SUMMARY SHEET PURPOSE OF REPORT 1. The purpose of this report is to present an application for planning permission in principle that is considered to be significantly contrary to the Development Plan, to the Planning Committee, for a view, as the application has been called-in by the Scottish Ministers in terms of Section 46 of the Town and Country Planning (Scotland) Act 1997. Thereafter, the view of the Committee shall be conveyed to the Reporters appointed by the Scottish Ministers as representing the position of the Council in the current call-in. 2. The proposal represents a Major Development in terms of the Town and Country Planning (Hierarchy of Development) (Scotland) Regulations 2009. RECOMMENDATION 3. That the Planning Committee agree the recommendation of the Head of Planning and Economic Development that the application should be referred to Scottish Ministers on the following basis:- 1) The Planning Authority cannot at this point in time support the application given the lack of relevant information. 2) The Planning Authority therefore recommend that application be refused planning permission in principle. 3) Should the applicants’ provide further relevant information as highlighted within this report, the Planning Authority would wish the opportunity to reconsider its position. 4) Should the Scottish Ministers determine that the application be supported, the Planning Service seek delegated authority to the Head of Planning and Economic Development in consultation with the Chief Governance Officer to provide Scottish Government with proposed conditions and Head of Terms for a Legal Agreement under Section 75 of the Town and Country Planning (Scotland) act 1997 (as amended). CONTRARY DECISION NOTE 4. Should the Committee adopt the view that the application should be supported, contrary to the recommendation of the Head of Planning and Economic Development, the application would have represented a significant departure from Council policy. If the application was not the subject of an call-in, it would have thereafter been referred to Council for a decision. However as the application has been called-in, it therefore does not require to be considered by Council. Michael Keane Head of Planning and Economic Development Note: This document combines key sections of the associated report for quick reference and should not in itself be considered as having been the basis for recommendation preparation or decision making by the Planning Authority. EAST AYRSHIRE COUNCIL SPECIAL PLANNING COMMITTEE: 29 APRIL 2016 15/0676/PPP: LEISURE AND TOURISM DEVELOPMENT INCLUDING: 450 HOLIDAY LODGES; 12 GLAMPING PITCHES; RESTORATION OF CASTLE TO SHELL CONVERSION TO HOTEL; NEW LEISURE FACILITIES INCLUDING LAKE; INDOOR WATER PARK WITH RETAIL PIZZA AND RESTAURANTS (6,500SQM), WATER SPORTS BUILDING (600 SQM), INDOOR SPORTS (5,000SQM). SPA (2,000SQM) AND CYCLE STORE. ERECTION OF DISTILLERY (1,552SQM) AND COMMUNITY HEAT PLANT (476SQM). ERECTION OF PHASED ENABLING DEVELOPMENT, WITH A FIRST PHASE OF 300 RESIDENTIAL DWELLINGS AND ADDITIONAL PHASES OF RESIDENTIAL DWELLINGS THAT WILL ENABLE THE COMPLETE RESTORATION OF THE CASTLE TO A HOTEL: COMMUNITY FACILITIES AND INFRASTRUCTURE. AT: LOUDOUN CASTLE, LOUDOUN CASTLE ESTATE A71 GALSTON ROUNDABOUT, GALSTON, EAST AYRSHIRE KA4 8PD BY LOUDOUN WOODS HOMES LTD REPORT BY HEAD OF PLANNING AND ECONOMIC DEVELOPMENT, ECONOMY AND SKILLS PURPOSE OF REPORT 1. The purpose of this report is to present an application for planning permission in principle that is considered to be significantly contrary to the Development Plan, to the Planning Committee, for a view, as the application has been called-in by the Scottish Ministers in terms of Section 46 of the Town and Country Planning (Scotland) Act 1997. Thereafter, the view of the Committee shall be conveyed to the Reporters appointed by the Scottish Ministers as representing the position of the Council in the current call-in. 2. The proposal represents a Major Development in terms of the Town and Country Planning (Hierarchy of Development) (Scotland) Regulations 2009. BACKGROUND Resubmitted Application 3. This planning application before Members was lodged with the Planning Service on 8 September 2015. It replaced an earlier planning application which was withdrawn by the applicant’s agent ref. 14/0852/PPP and incorporated an updated Environmental Impact Assessment and further clarification on matters as provided by the applicant’s team. This revised application was then subject to a draft Processing Agreement, and then statutory advertisement, neighbour notification and consultation with further discussions taking place with the applicant's agents and the Planning Service as the revised application progressed. Discussions 4. Discussions took place following the registration of the planning application as they continued from those that had taken place prior to the withdrawal of the previous application. 5. The Planning Service in order to set out its clear position to the applicants in seeking to provide and obtain agreement to move the application forward and present the application to a Planning Committee meeting, issued a Position statement on 3 December 2015, with further clarification being provided on 15 December 2015. The detail of these discussions is highlighted in the conclusions of this report below. Call-In by Scottish Government 6. Following registration of the application, the Scottish Government's Chief Planner had been party to telephone conference calls and meetings as he sought, without commenting on the merits of the application, to facilitate, as far as possible, the progressing of this application. 7. However, following a request by the applicant to the Scottish Government to call-in the application for determination, the Planning Service received a letter dated 17 December 2015 advising that the Scottish Government had decided that the application should be referred to them for a determination. The Notice issued by Scottish Government confirmed that the reason for the application being called-in was:- “……. in view of the potential economic benefit of the proposal and the heritage issues related to the A listed Loudoun Castle and its designed landscape.” 8. The application is now subject to a formal assessment process which will be administered by the Department of Planning and Environmental Appeals (DPEA) and will be the subject of a report by appointed Reporters to Scottish Ministers for their determination. APPLICATION DETAILS 9. Site Description: The application site is located approximately 6.5 kilometres to the east of Kilmarnock within the Irvine Valley. The A71 and A719 run along the southern and western boundaries of the site. The town of Galston is located beyond the A71 to the south. The site comprises an area of approximately 176 hectares and forms part of the wider 246 hectare Loudoun Castle Estate. Land to the south of the castle is occupied by the Loudoun Gowf Club, which has been a ‘gowf’ or golf field since the early 16th century. Loudoun Academy which is the local secondary school is located to the west of the estate. 10. The site is currently occupied by the ruins of Loudoun Castle and the surrounding estate, which includes designed parkland. The Loudoun Castle Estate is a confirmed Garden and Designed Landscape, a Provisional Wildlife Site and includes the A listed Loudoun Castle. The Cottage at Loudoun Castle within the site is also Category B listed and the site is further covered by Tree Preservation Orders for group and individual trees throughout the site. A tree lined avenue forms the approach to the Castle from the A719, with areas of woodland surrounding the castle. To the east of the Castle is an area known as ‘Big Wood’ characterised by a steep sided densely wooded valley. There is a Right of Way through the site leading from the A71 northwards towards the Castle and the main avenue. There is also a Core Path (a route which facilitates access to the outdoors under the Outdoor Access Strategy and Land Reform (Scotland) Act 2003) though the Big Wood known as IV6. 11. A number of buildings are located across the estate, ranging from derelict buildings to those in a good state of repair and occupied as residential properties. A number of buildings are present that were used in connection with a former theme park at the site and the walled garden accommodated a green/glass-house and various timber structures associated with the former theme park. The coach house has been previously renovated and has been used to accommodate a cafe and function room. 12. The Estate has been subject to a number of different developments and proposals. The Castle ruins are the remnants of a grand house design in 1804 which incorporated elements of two older castles and the designed parkland was laid out from 1714 prior to modification. The more recent Loudoun Castle was largely destroyed by fire in 1941 but significant sections remain of the external walls. The estate was last formally used as a theme park and opened for this use in 1995.