DEVELOPMENT MANAGEMENT COMMITTEE Report by Development Management Manager 1 DESCRIPTION AND LOCATION. Application for approval of reserved matters specified in conditions of planning permission 0050/P/08 for the development of 248 houses and 18 flats, landscaping and accesses, formation of ecological habitat and land for 20 affordable homes, at Land at Drumshoreland Road, Pumpherston. (grid ref. 306387 670195) 2 DETAILS Reference no. 0418/MSC/17 Owner of site Dundas Estates and Development Applicant Dundas Estates and Ward & local East Livingston and East Calder Development members Cllr F Anderson Cllr. C John Cllr. D King Cllr.D Timson Case officer Ross Burton Contact details [email protected] Reason for referral to Development Management Committee: More than 15 objections received. 3 RECOMMENDATION 3.1 Grant matters specified by condition, subject to conditions. 4 DESCRIPTION OF THE PROPOSAL AND PLANNING HISTORY 4.1 Permission is sought for the details of a residential development on part of the site of application 0050/P/08, which was granted on 31 May 2017, following the conclusion of a legal agreement to secure developer contributions and a newt mitigation strategy. Application 0050/P/08 granted planning permission in principle for up to 625 residential units on a site which included, in addition to the site of this application, land owned by West Lothian Council. The council secured planning permission for 86 residential units on land to the south of Cawburn Road, within application 0050/P/08, in 2015 (0708/FUL/15); construction is under way. 4.2 The application site extends to 58 hectares and is bounded to the north by housing at Uphall Station, to the west by the rear of houses which front on to Pumpherston Road, to the south by the recently completed Cawburn Road, and to the east by open ground. It comprises open farmland and is generally level. 4.3 Vehicular access to the site is proposed from a single point to the south of the site, from Cawburn Road. It is proposed to build 176 detached houses, 64 semi-detached houses, eight terraced houses and 18 flats in two separate three storey blocks, a total of 266 residential units. The development site would be separated from existing housing to the west and north by a landscaped strip. 4.4 The proposals also include a single storey building at the entrance to the site, which would function as a sales centre while the site is being marketed, and would thereafter be handed over to residents of the new houses for use as a community facility. The building would have one large and one small meeting room, toilets and a small kitchen area. 4.5 The development is proposed to be served by a central spine road running generally north-south, and which has been designed to accord with Designing Streets, to provide a safe, attractive thoroughfare with spur roads off, many of which would have a shared surface. Separate pedestrian accesses are proposed, between the development and to Pumpherston Road at the northern end of the development, and to Marrfield Park. An emergency vehicle access is proposed to Beechwood Park, which is also available as a pedestrian access. An existing field access track between the site and Pumpherston Road towards the southern end of the development was initially proposed as an adopted pedestrian footpath, but because of privacy concerns it is not now proposed as an access. 4.6 The area which includes the application site contains a colony of Great Crested Newts, a European Protected Species. The applicants have worked closely with Scottish Natural Heritage (SNH) as the layout was planned, and have carried out the required surveys and actions to ensure that the impact on the colony is mitigated. SNH is the licensing authority for any works which affect Great Crested Newts, and the continuing surveys and mitigation strategy have all been agreed between them and the developer. 4.7 The most recent survey of newts, which took place earlier this year, suggests that there are between 358 and 1074 adult Great Crested Newts at Drumshoreland. This would place the newt colony at Drumshoreland amongst the top ten largest populations in Scotland. The breeding ponds for the newts are situated to the east of the application site, outwith the ownership of the applicant, and the key migration corridor is considered likely to be to the east of these ponds, which means that the proposed development which is the subject of this application will not be likely to have a significant impact on the newt colony. 4.8 The intention of the Habitat and Species Mitigation Plan prepared for this application is to ensure that the development minimises the potential harm for the GCN colony and takes every opportunity to enhance the habitat resource available to the newts. In order to enhance the habitat resource, the applicant is proposing to create a new pond, with a maximum depth of 1.8m and a surface area of water of 500 square metres, on land to the east of the housing area and north of the existing ponds. This location is considered to be ideal as an additional habitat; it will be under 100 metres from the main group of breeding ponds, and will be further enhanced by the creation, on an adjacent SUDS area, of new foraging land. The SUDS area will also contain specially constructed hibernacula (winter quarters for hibernating GCN), one of nine such areas proposed to be created by the applicants. 4.9 An area of affordable housing is proposed at the north-west corner of the site. The larger development site was subject to a planning brief, which specified the number of affordable houses to be provided. The application site will provide a site for 20 affordable houses, in accordance with the brief. The location and extent of the site has been agreed with the council’s Housing Service. 4.10 The southern boundary of the site has a high pressure gas pipeline running east-west, north of, and roughly following the route of, Cawburn Road. The proposed layout respects the stand-off zone required, and does not propose any structures within 30 metres of the pipeline. 5 PLANNING POLICY ASSESSMENT Plan Policy Assessment Conform? SESPlan Policy 5 Housing The site is an important element of the council’s allocation Yes Land of housing land in WLLP WLLP HOU1 Housing The application site is identified in Appendix 6.1 of the Local Yes allocation Plan and on the proposals map as a housing site. WLLP HOU 5 Open The proposal includes a formal play area and areas of Yes space provision amenity open space. A direct pedestrian link is proposed to Marrfield Park, which is currently undergoing improvements. WLLP HOU 7 Quality of It is considered that the proposed layout will create a high Yes design and layout quality residential development, with a mix of house types and sizes. WLLP HOU 8, TRAN 13 The proposed road layout is designed to ensure that traffic Yes Road and speeds are kept below 20mph. footpath layouts, WLLP HOU 10 The site was subject to a specialist brief which specified Yes Affordable the number of affordable houses to be provided. The Housing layout accords with the brief. WLLP ENV 2, ENV 3 The newt mitigation plan will ensure that any impact on Yes Protection of the habitat of the GCN colony at Drumshoreland is habitats and key mitigated, with habitat creation giving enhanced provision priority species LDP DES 1 Design The proposal accords with the policy, particularly in terms Yes Principles of layout, sustainability, impact on habitats or species LDP ENV 20 Species The proposals include provision for the creation of new Yes protection and habitats as mitigation for the impact of the proposals on enhancement the existing habitat of the Great Crested Newt population in the area. 6 REPRESENTATIONS 32 letters of representation have been received. Their comments are summarised below; the full letters can be viewed in the attached papers. Comments Response 1. Principle of development The principle of development was established with the grant of planning permission for application 0050/P/08 (see para 4.1 above) 2. Impact on privacy The proposed development does not breach the privacy of any neighbouring residents 3. Impact on wildlife habitats The proposals include mitigation measures, agreed with SNH, for the Great Crested Newts present in the wider area, including improvements to habitat 4. Local infrastructure inadequate for size of Contributions for infrastructure provision development necessary to support the proposed development have been agreed with the developer 5. Insufficient green space The green space proposed to be provided is considered to be sufficient, particularly when surrounding existing parks are taken into account. 6. Proposed flats inappropriate for area Two blocks of flats, three storeys high, are proposed. They would be located close to the centre of the site, and are considered to be appropriate in the context of the development as a whole. They would not give rise to overshadowing or overlooking. 7. Road and rail infrastructure not able to cope with Operational Services (Transportation) has no size of development objection to the application 8. Saturday working will impact on residential A condition is proposed to be attached restricting amenity weekend working hours to weekdays and Saturday mornings only (up to 13:00) 9. Additional traffic using Beechwood An emergency access only, protected by Grove/Marrfield Terrace collapsible bollards, is proposed between the application site and Beechwood Grove. 10. Light pollution, crime and litter problems will Following discussion with the applicant, the increase due to the proposed footpath between footpath has been deleted because of privacy the development and Pumpherston Road issues.