Notice of Intention by Rob Huntley, a Reporter appointed by the Scottish Ministers

Transcription

1 Appeal: Notice of Intention T: F: E: Notice of Intention by Rob Huntley, a Reporter appointed by the Scottish Ministers Planning appeal reference: PPA Site address: land north and south of Forgan Drive, Drumoig, Fife Appeal by Parkhill Construction Services and Drumoig Developments Ltd against the decision by Fife Council Application 15/01977/PPP for planning permission in principle dated 13 June 2015 refused by notice dated 23 November 2016 The development proposed: mixed use development comprising of residential dwellings, class 1 shop, extensions to hotel and recreational/leisure/commercial activities Application drawings: Location Plan (5328/C/01/B); Masterplan Layout (5328/SK/01/K); Concept Landscape Proposals (lsh/drumoig/01-c); Masterplan Layout Phasing Strategy (Rev C unnumbered) Date of site visits by Reporter: 25 February and 28 April 2016 Date of notice: 8 June 2016 Notice of Intention For the reasons given below I am minded to allow the appeal and grant planning permission subject to the 8 conditions listed below, following the signing and registering or recording of a planning obligation under section 75 of the Town and Country Planning (Scotland) Act 1997, or some suitable alternative arrangement, covering the matters listed in paragraphs 27 and 28. Section 59 of the Town and Country Planning (Scotland) Act 1997 (as amended) sets timescales and other limitations relevant to the permission I am minded to grant, but for the reason given in paragraph 24, I direct that: The period of 3 years referred to in section 59(2)(a)(i) and (3) is substituted with a period of 4 years. My decision on the claim for award of expenses will be the subject of a separate decision notice in due course. Procedural matters 1. Following my first site visit on 25 February 2016, it became apparent that some parties who had made representations to the council at application stage had not been notified of the appeal, as required by the relevant statutory provisions. I therefore conducted a second site visit after the omission of those parties from the initial notification had been rectified. DX Falkirk

2 2 2. In parallel with my consideration of this appeal, I have also considered an appeal against the council s refusal of an application for full planning permission and by different applicants, for a single house on land encompassed within the wider site of this appeal. My decision on that appeal (ref: PPA ) is the subject of a separate decision notice. Reasoning 3. I am required to determine this appeal in accordance with the development plan, unless material considerations indicate otherwise. Two listed buildings, Lady Leng Memorial Chapel and Vicarsford Cemetery lie beyond, but close to, the northern edge of the application site. In this regard I am also required, by section 59 of the Planning (Listed Buildings and Conservation Areas) Act 1997, to have special regard to the desirability of preserving listed buildings or their settings or any special features of historic or architectural interest which they possess. 4. Having regard to the provisions of the development plan the main issues in this appeal are; the effect on the character and appearance of the settlement of Drumoig, with particular regard to the scale and nature of the development proposed; the effect of the proposed development on historic assets, including the settings of Lady Leng Memorial Chapel and Vicarsford cemetery, and scheduled ancient monuments in the vicinity. Development plan context 5. The development plan comprises TAYplan ( ) the strategic development plan for the area, and the St Andrews and East Fife Local Plan (adopted in 2012). FIFEplan, which is currently undergoing examination will, when adopted, replace the current local plan. Although not yet adopted, FIFEplan represents the settled position of the council in terms of future planning policy and proposals. It is at an advanced stage and therefore I have afforded some weight to the relevant provisions of this emerging local development plan. 6. Policies 1 and 5 of Tayplan focus the majority of development on the region s main settlements. Drumoig is not identified in this context, but the policies acknowledge that development meeting more local requirements and contributing to sustainable development, can be promoted in local development plans. 7. The local plan identifies Drumoig as a location for additional housing and other development, referred to in the Drumoig Settlement Plan as site DRG01. This explains that a modest increase in housing numbers could, with other elements, encourage the introduction of community facilities that are presently lacking to serve the local population. The local plan allocation therefore provides for a mixed development at Drumoig, incorporating residential, commercial, leisure and community facilities. No specific development boundary is defined in the local plan, which provides that the development is to be guided by an indicative development framework to be submitted to the council for approval, with the development targeted for the 10 year period beyond This local plan proposal is retained substantially unchanged in the emerging FIFEplan, but without reference to the development being post The settlement plan table in the local plan gives an Estimated capacity (Housing) figure of 30. The explanatory text in the Settlement Plan Introduction section of the local plan clarifies that the term estimated capacity means just that - the estimated number of

3 3 residential units that can be built on the land (emphasis included in the local plan text). The text goes on to explain that When planning permission is granted for development, the number of houses may be higher or lower than the estimated number in the local plan. The local does not imply that an increase above the estimated number of dwellings would necessarily amount to an unacceptable overdevelopment of the site. 9. The Masterplan Layout (drawing 5328/SK/01/K) submitted with the appeal application indicates a total of 35 dwellings, one of which is the subject of the separate appeal, reference PPA While the masterplan drawing and the associated concept landscape proposals plan (drawing lsh/drumoig/01-c) are clearly intended to provide the Indicative Development Framework required by local plan allocation DRG01, the appeal application is for planning permission in principle. The specific design, layout and scale of the proposed development would be the subject of one or more further applications in due course. In this context the submitted drawings are to be regarded as illustrative. 10. Local plan allocation DRG01 envisages development taking place at Drumoig during the 10 year period from Allowing for the time for details of the development to be submitted and approved following the further application(s) that would be required, and for the development to be constructed, it is unlikely that any significant number of houses could be occupied at the site by the beginning of 2018, even if planning permission in principle were granted before the end of For that reason, and applying the positive and flexible approach to the provision of new homes advocated in Scottish Planning Policy, I conclude that granting planning permission would not give rise to significant conflict with the local plan in terms of the timing of the development. Nor would there be conflict with the similarly expressed proposal of the emerging FIFEplan in this respect. Character and appearance 11. The settlement of Drumoig began to be constructed over 20 years ago. It consists of some 120 houses arranged in 3 separate culs-de-sac (Comerton Place, Forgan Drive and Craigie Hill off Pickletillum Avenue), sited around an 18-hole golf course, together with an hotel and office units, a golf driving range and the former Scottish National Golf Centre building. A 9 hole golf course was, at the time of my site visits, in preparation to the north of the appeal site, around the driving range, consistent with a certificate of lawfulness issued in that regard by the council under section 151 of the Town and Country Planning (Scotland) Act 1997 (reference 15/01659/CLP, decision notice dated 17 July 2015). The application site encompasses the existing hotel and office units, together with the parking areas serving these and the golf course, as well as the golf driving range and 9 hole golf course. However, the submitted masterplan indicates that these existing elements do not form part of the appeal application. 12. From its junction with the A914 to the west Forgan Drive, the access road into Drumoig, is not adjoined by residential properties until beyond the access to the golf centre and driving range. Introduction of development in this vicinity would inevitably involve change to the character and appearance of the settlement. However, in view of existing built development, golf related facilities, and the site of the Comerton Home scheduled ancient monument, achieving the residential development provided for in the local plan allocation will inevitably involve use of the land indicated for that purpose on the submitted masterplan drawing. The layout illustrated on that drawing is indicative, but shows a similarly low density development of detached dwellings as the 3 existing residential areas which make up the settlement. Details of the form, scale, layout and materials in this part

4 4 of, and throughout, the site would be the subject of further application(s) in due course, I am satisfied that this could be undertaken in a manner that would be consistent with the prevailing character of the settlement of Drumoig and in accord with local plan policy E The inclusion of the range of non-residential aspects of the proposed development, including a shop, extensions to the hotel, recreation and leisure elements, accords with the provisions of the adopted and emerging local plans. The expansion of the existing hotel within the site would accord with local plan policy B5, which encourages new provision of tourist facilities. In this regard, I note that the masterplan drawing indicates that this would take the form of a series of separate buildings arranged along the crest of the slope overlooking the golf course, close to an between the existing hotel-related buildings. This approach would, subject to the approval of details, complement the character of this part of the settlement of Drumoig. 14. The masterplan indicates that the retail, leisure and related elements of the overall development would be located in the position of the substantial building of the former Scottish National Golf Centre, which is to be demolished. This location would enable the proposed facilities to make use of the existing car park and access road which also serves the golf driving range and the 9 hole golf course. The grouping of these facilities together, close to but separate from the existing and proposed housing areas, would make beneficial use of the existing infrastructure while safeguarding local character. 15. For these reasons I conclude that the proposed development would not be harmful to the character or appearance of Drumoig, and that there would be no conflict with local plan policies E4 or B5. Cultural heritage 16. The category B listed Vicarsford Cemetery, within which lies Lady Leng Chapel (listed category A), adjoins the northern extremity of the application site. However these historic assets are separated from the area where development is proposed to take place by the substantial swathe of land occupied by the existing driving range and the 9 hole golf course under construction. Because of this separation, there would be no adverse effect on these listed buildings, whose settings would be preserved. There would therefore be no conflict with local plan policy E Comerton Home, a scheduled ancient monument, lies within the application site, occupying the crest of the ridge running in an east-west direction to the south of Forgan Drive. This unenclosed settlement has previously been the subject to geophysical survey and trial trenches which have confirmed the presence of prehistoric structures, including round houses. The masterplan indicates that no development is proposed within the extent of the monument and Historic Environment Scotland has commented that the development proposals do not raise issues of national significance such that it would object. It confirms that it is content that the proposed development is unlikely to have a direct impact upon the scheduled monument. 18. The council has confirmed that extensive archaeological monitoring works took place during the 1990s when the Drumoig Golf Centre was constructed such that most of the area now proposed for development has already been disturbed and archaeologically monitored. With a condition, as recommended by Historic Environment Scotland and suggested by the council, requiring the submission and approval of a scheme of archaeological investigation, I am satisfied that such historic assets would be appropriately safeguarded, consistent with policy E12.

5 5 Other matters 19. Local plan policy T2 requires new developments to make safe provision for pedestrians and other users of the highway network. I note the comments made in some representations that highway safety would be compromised at the A914/Forgan Drive junction and through the introduction of individual accesses to Forgan Drive and Pickletillum Avenue. Although I note that the right turning lanes at the A914 junction are relatively short, I note that the council s transportation service considers that this has sufficient capacity safely to accommodate the development proposed. The layout of the development indicated on the masterplan drawing is illustrative and details of this, including the design and location of accesses, would be a matter to be considered through a further application in due course. I am satisfied that, subject to the consideration of such details, there need be no conflict with the relevant policies of the local plan or compromise to safety. 20. During my first site visit, after a prolonged period of wet weather, I observed standing water in the lower-lying part of the site to the east of Pickletillum Avenue, and I note the concern expressed over drainage issues raised in some representations. However, a flood risk assessment indicates that the proposed development would not be at risk of flooding and would not increase such risk elsewhere. SEPA has confirmed, that, as the finished floor levels are to be raised above the predicted 1 in 200 year (plus climate change allowance) flood level, it has no objection to the proposed development. It also comments that, as finished floor levels would be higher than the road, this will serve to mitigate any surface water runoff from the road impacting on the proposed development. The council s flood risk team concurs with these findings and I have no reason to disagree with these specialist assessments. I therefore conclude that, with appropriate conditions requiring the development to be carried out in accordance with further details to be submitted for approval, the proposed development would be satisfactory in these terms. The proposed development would comply with local plan policies I3, I4 and I5, which seek to ensure that development is adequately provided with water supply, foul and surface water drainage facilities. 21. The Ecological Survey Report (May 2015), submitted at application stage, concludes that there are no sites designated for their nature conservation interest within or adjoining the site. It draws attention to signs of protected species using parts of the application site, to the area north of the driving range. These areas are well away from the parts of the site where development is proposed, so there would be no direct effect arising from the proposed development and therefore no conflict with local plan policies E21, E22 or E Although not included in the reason for refusal, the council implies in its appeal submission that granting planning permission as applied for would be premature such as to prejudice the provisions of the emerging local development plan. However, proposal DRG 001 of FIFEplan promotes development at Drumoig in substantially similar terms to the adopted local plan proposal DRG01. Scottish Planning Policy explains, at paragraph 34, that where a plan is under review, such considerations are only likely to apply where the development proposed is so substantial, or its cumulative effect would be so significant, that to grant permission would undermine the plan-making process by predetermining decisions about the scale, location or phasing of new developments that are central to the emerging plan. The scale of development proposed at Drumoig in the appeal application is modest, with the emerging plan retaining the development proposal previously established in the adopted local plan. For these reasons there would be no prejudice to the planmaking process, and no reason to delay development at Drumoig for that reason.

6 6 Conditions and Planning Obligation 23. In its report of handling, the council proposed a number of conditions be attached if permission is to be granted, some of which I have dealt with in my reasoning above. As the appeal application seeks planning permission in principle, conditions will be necessary to require the submission for approval of details of the design and layout of the development. In condition 1, for simplicity and clarity, I have added reference to details of matters which were the subject of separate suggested conditions. These include foul and surface water drainage, provision for vehicular and pedestrian movement and car parking. 24. The development includes a number of distinct elements, which the appellant indicates are to be undertaken in a phased manner. The unnumbered Masterplan Layout Phasing Strategy drawing submitted with the appeal application outlines the intended order of development, but more specific detail is required in this regard. I will therefore attach a condition to require the submission of details of phasing for approval. I agree with the council and the appellant that it is appropriate for a period longer than the 3 years specified in section 59 of the 1997 Act to be allowed for the submission of further applications, in view of the phasing proposed. This extended timescale is reflected in my direction set out at the beginning of this notice and it is therefore not necessary for the council s suggested condition 3 to be attached to address this aspect. 25. The council suggests a condition removing many of the permitted development provisions of the General Permitted Development Order in respect of dwellinghouses. Paragraph 86 of Annex A to circular 4/1998 explains that there is a presumption against such restrictions. They should be imposed only exceptionally and where there is clear evidence that there would be serious effects on amenity or the environment. No clear evidence has been presented to persuade me that this would be the case here, and I will not therefore attach such a condition. 26. Except as indicated above, I have followed the thrust of the council s suggested conditions but for clarity, I have extended the scope of condition 1 to encompass the further details required in respect of highways, access, drainage and other aspects. I have also modified the suggested wording in the interests of clarity and to ensure compliance with the provisions of Scottish Government Circular 4/1998 on the use of conditions in planning permissions. 27. The council s report of handling recommended that planning permission be granted, subject to a legal agreement to secure affordable housing and play provision in connection with the development. It appears that there is a broad level of agreement between the council and the appellant with regard to these matters. The affordable housing element would be accounted for in part by the development of 8 dwellings on the nearby Pickletillum Inn site, for which planning permission has been granted by the council (reference 14/03571/PPP dated 15 October 2015). The balance of the requirement derived from the council s Supplementary Guidance on Affordable Housing (2014), would be met by a financial contribution. To enable the Pickletillum Inn development to contribute towards the affordable housing requirements arising from the appeal development, a mechanism needs to be put in place to link this to the appeal proposal, and to secure a financial contribution in respect of the balance of any appropriate provision. 28. I am satisfied that it is reasonable that a planning obligation should be completed to secure appropriate affordable housing and play provision in connection with the proposed development. I will accordingly defer determination of this appeal for a period of up to 16 weeks to enable the relevant planning obligation (either an agreement with the planning

7 7 authority or a unilateral obligation by the appellant under section 75 of the Town and Country Planning (Scotland) Act 1997 or some suitable alternative arrangement as may be agreed by the parties), to be completed and registered or recorded, as the case may be. If, by the end of the 16 week period, a copy of the relevant obligation with evidence of registration or recording has not been submitted to this office, I will consider whether planning permission should be refused or granted without a planning obligation. Overall conclusions 29. The appeal proposal is consistent with the provisions of the adopted and emerging local plans, which promote additional residential and other development at Drumoig. There would be no conflict with development plan policy in terms of timing or scale, including the number of dwellings. The appeal seeks planning permission in principle, with details of the layout, design and other aspects of the development to be the subject of further applications for approvals as specified in conditions in due course. Consideration of such applications can ensure a high quality development consistent with the character of the locality. I therefore conclude that the development accords overall with the provisions of the development plan and that there are no material considerations which would justify refusing to grant planning permission. I have considered all other matters raised, but there are none that would lead me to alter my conclusion. Rob Huntley Reporter Conditions 1. Plans and particulars of the matters listed below shall be submitted for consideration by the planning authority. No work shall begin on the relevant part of the development until approval of the details listed below relating to that part of the development has been given in writing by the planning authority. The development shall be carried out in accordance with the relevant approval(s), and no occupation of the relevant part of the development shall take place until each of the elements itemised below, serving that part, have been provided as approved: (a) A plan of all the site to be developed to a scale of not less than 1:2500, showing generally the site, any existing trees, hedges, walls (or other boundary markers) layout of the roads and sewers, and the position of all buildings; (b) A detailed plan to a scale of not less than 1:500 showing the site contours, the position and width of all proposed roads and footpaths (including grit bins), car and other vehicle parking spaces, visibility splays, street lighting, public access provision, the siting of the proposed buildings, finished floor levels, new walls and fences and details of proposed landscape treatment; (c) Detailed plans, sections and elevations of all residential buildings proposed to be erected on the site, together with details of foul and surface water drainage and the colour and type of materials to be used externally on walls and roofs; (d) Detailed plans, sections and elevations of all commercial/ leisure/ retail buildings proposed to be erected on the site, together with details of foul and surface water drainage and the colour and type of materials to be used externally on walls and roofs;

8 8 (e) Detailed plans, sections and elevations of all hotel buildings proposed to be erected on the site, together with details of foul and surface water drainage and the colour and type of materials to be used externally on walls and roofs; (f) Detailed plans, sections and elevations of the community recycling centre development, together with details of the colour and type of materials to be used externally; (g) Detailed plans of the strategic landscaping scheme for the site including the number, species and size of all trees or shrubs to be planted and the method of protection and retention for existing trees and details of all hard landscaping elements, including surface finishes and boundary treatments; (h) Details of the future management and aftercare of the proposed landscaping, planting and play areas, orchard and other common parts; (i) A detailed Strategy for the provision of public art; (j) Details of measures to be put in place to safeguard nature conservation interest at the site, during construction and in subsequent use, including the provision of bat and bird nesting/roosting boxes; (k) Details of an Access Strategy for the whole development including, but not limited to, footpath connections within and beyond the site. (l) A scheme to connect all waste water drainage from the proposed development, including any private pumped systems, to the public waste water network. Reason: To ensure that the matters referred to are given full consideration and the development is undertaken as approved. 2. Details of the phasing of the development, as outlined on the submitted Masterplan Layout Phasing Strategy drawing (unnumbered Rev C) shall be submitted to the planning authority for approval, and no work shall begin until the phasing scheme has been approved in writing. Following approval, the development shall be implemented in accordance with the approved phasing scheme. Reason: To ensure the orderly progression of the elements of the development as a whole, as the submitted Masterplan Layout Phasing Strategy drawing provides insufficient detail of the proposed phasing. 3. As soon as possible after each of the phases of the development approved under condition 2 above is completed (except for the last or final phase, in respect of which notice shall be given under section 27B(1) of the Act) the person who has completed any phase shall give written notice of the completion of that phase to the planning authority. Reason: To accord with section 27B(2) of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc (Scotland) Act The net retail floor space within development hereby approved shall not exceed 400 square metres without the express consent of the planning authority. Details of the goods to be sold in the retail unit shall be submitted to and approved by the planning authority, prior to the operation of the shop. Reason: To avoid any significant adverse impact on existing retail provision.

9 9 5. No works shall start on site until the developer has secured the implementation of a programme of archaeological work in accordance with a detailed written scheme of investigation which has been submitted to and approved in writing by the planning authority. Reason: In order to safeguard the archaeological heritage of the site and to enable any archaeological remains to be recorded and/or rescued as appropriate. 6. There shall be no land raising or development within the functional floodplain, taken to be land below 20.6 metres AOD. Finished floor levels of buildings shall be set no lower than 21.2 metres AOD. Reason: To ensure the development is adequately protected against flood risk and will not increase the risk of flooding elsewhere. 7. No works shall commence on any phase of the development until details of wheel cleaning facilities have been submitted to and approved by the planning authority. The approved facilities shall be retained in operation throughout the construction of the relevant part of the development. Reason: to ensure that no mud, debris or other deleterious material is carried by vehicles onto the public roads, in the interests of road safety. 8. No dwellinghouse south of Forgan drive shall be occupied until a pedestrian link a minimum of 2 metres wide has been provided connecting that part of the development to the bus stops on the A914, in accordance with details approved pursuant to condition 1. Reason: In the interests of road safety and to ensure the provision of adequate pedestrian connection to the public transport network.