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1 Directorate for Planning and Environmental Appeals abcdefghijklmnopqrstu Appeal Decision Notice T: F: E: Decision by Malcolm Mahony, a Reporter appointed by the Scottish Ministers Planning appeal reference: PPA Site address: Edmonstone Estate, Old Dalkeith Rd, Edinburgh Appeal by Sheratan Ltd against the decision by the City of Edinburgh Council Application for planning permission 12/01624/FUL dated 9 May 2012 refused by notice dated 11 October 2012 The development proposed: residential development with associated roads and landscaping Application drawings: 1, 2A, 3A, 4-8, 9B, 10B, 11B, 12-19, 20A, Date of site visit by Reporter: February 2013 Date of appeal decision: 20 September 2013 Decision I allow the appeal and grant planning permission subject to the 9 conditions listed at the end of the decision notice. Attention is drawn to the 4 advisory notes at the end of the notice. Reasoning 1. On 21 March 2013, I issued a notice of intention to allow the appeal and grant planning permission, subject to 9 conditions set out at the end of that notice, following the signing and registering of an obligation under section 75 of the Town and Country Planning (Scotland) Act 1997 between the appellants and the planning authority. The obligation was to cover: transport contributions, education contribution, affordable housing and an estate management strategy. 2. I have now received a copy of a section 75 agreement signed by the parties covering the above matters, together with a copy of an acknowledgement from the Keeper of the Registers of Scotland that the agreement has been received for registration. The planning authority has accepted that this is sufficient basis for me to issue a decision. 3. In the period since my notice of intention, SESplan (the strategic development plan for Edinburgh and South East Scotland) has been approved and now replaces the Edinburgh and Lothians Structure Plan 2015 as the strategic element of the development DX Falkirk

2 2 plan. I accordingly invited comments from those parties who attended the hearing session on the relevance to the appeal proposal of this change in the development plan. 4. With their comments in mind, I find that: o SESplan requires the preparation of supplementary guidance to break down the overall housing requirement by council area. The adoption of local development plans will have to await the conclusion of that work. This will delay provision of a statutory basis for additional housing land releases, although it does not, of course, prevent the planning authority from seeking to progress plan-led sites in advance of local development plan adoption. o In SESplan, the appeal location lies within a Strategic Development Area (a focus of housing growth) and Regional Core. o SESplan Policy 7 (Maintaining a five year housing land supply), as amended, allows for additional sites to be allocated or consented where there is a shortfall in the effective 5 year housing land supply, subject to 3 criteria. I am satisfied that those criteria are met in respect of the appeal proposal, including that it would not undermine green belt objectives. I see no need to wait for the supplementary guidance to be prepared and approved in order to establish an accurate requirement for Edinburgh when the broad picture regarding shortfall is uncontested. o SESplan Policy 12 (Green Belts) is similar to green belt policy in the superseded structure plan. In it, the possible need for local development plans to modify the green belt around Edinburgh to accommodate development, including in South East Edinburgh Strategic Development Area, is acknowledged. I therefore consider that SESplan forms a policy context for the appeal proposal which allows for it to be treated as an exception in no more restrictive way than the superseded structure plan. 5. Together with its comments on SESplan, the planning authority has advised me of progress in the journey of the Proposed Edinburgh Local Plan towards adoption, details of its Action Programme, findings from the SESplan Report of Examination, and the commencement of construction at Greendykes. However, I am not persuaded that these matters are sufficient to change my decision. 6. Other than such updating matters, a number of comments were submitted by the parties which went beyond my further information request and are not necessary for my determination. I have taken no account of these. 7. Returning to the section 75 agreement, this covers the matters which I specified in paragraph 62 of my notice of intention (and which were drawn from the city council s schedule of requirements). The estate management strategy covers the 8 Acre Field and Walled Garden, the so called Former Hospital, the Policies and the Bio-Quarter. Although differently named, these refer to the areas mentioned in my intentions notice. The matters to be addressed by the strategy are as listed in my paragraph The city council has drawn my attention to Proposal of Application Notice by the appellants canvassing proposals, including for housing, on other parts of the estate. Their concern that this might prevent regeneration of the estate landscape would appear to be a

3 3 matter primarily within their control, any subsequent planning application being a separate matter to be dealt with in the light of their established policies and material considerations including, potentially, the conclusions in my intentions notice. 9. They also raise the possibility of that regeneration being delayed whilst the development proposal is dealt with. In the conclusions to my intentions notice, I listed 11 factors which represented compelling reasons sufficient to allow the proposal despite lack of conformity to the development plan and compromising the designed landscape at Edmonstone. One of these factors was that regeneration of the estate landscape would be likely to be brought forward at an earlier stage than otherwise. I note that the residential element in the Proposal of Application Notice covers the Policies and part of the Former Hospital. It would therefore appear that the Proposal of Application Notice would pose no obstacle to progressing the regeneration work timeously on the remainder of the estate, at minimum. 10. I also note: o the obligation on the appellants in clause 5.6 of the submitted section 75 agreement to carry out all the works required under the estate management strategy within the Walled Garden; and o the appellants offer to extend that requirement to cover the Former Hospital site and the Bio-Quarter land through a revised section 75 agreement. Whilst the latter is welcome, I must base my decision on the section 75 agreement as presently concluded. 11. Therefore, having re-assessed the position in the light of the current situation as described in the fore-going paragraphs, I remain satisfied that, for the reasons set out in my notice of intention, the proposal, subject to the planning agreement as concluded together with the 9 conditions listed below, should be allowed as a justifiable exception to the provisions of the development plan. Malcolm Mahony Reporter Conditions 1. No work shall commence on site until: o a site survey (including intrusive investigation where necessary) has been carried out to establish either that the level of risk posed to human health and the wider environment by contaminants in, on or under the land is acceptable, or that remedial and/or protective measures could be undertaken to bring the risks to an acceptable level in relation to the development; and o a report of that survey, including, where necessary, a detailed schedule of any remedial and/or protective measures, including their programming, has been submitted to and approved in writing by the planning authority.

4 4 Any required remedial and/or protective measures shall be implemented in accordance with the approved schedule, and documentary evidence to certify those works shall be provided to the satisfaction of the planning authority. Reason: to ensure the most efficient and effective rehabilitation of the site. 2. No work shall commence on site until the developer has secured the implementation of a programme of archaeological work (historic building recording, conservation, interpretation, excavation, reporting and analysis, and publication) in accordance with a written scheme of investigation which has been submitted to and approved in writing by the planning authority. Reason: to safeguard the archaeological heritage. 3. No work shall commence on site until a surface water management plan has been submitted to and approved in writing by the planning authority, in consultation with SEPA. The plan shall include: o details of surface water drainage including SUDS treatment and attenuation facilities and associated landscaping; o details of the surface water outfall and confirmation that any legal agreements necessary for its construction are in place; o confirmation that Scottish Water has given technical approval and will be adopting the surface water sewer system, including the outfall; and o proposals to manage runoff exceeding the capacity of the drainage system, ensuring that the development is not at risk of flooding and that flooding from this source is not made worse elsewhere. The surface water arrangements shall then be implemented in accordance with the approved details. Reason: to ensure adequate protection of the water environment from surface water run off and to minimise the risk of flooding. 4. No work shall commence on site until details of the street lighting as shown on the Streetlighting Strategy (drawing number (11) 0074) has been submitted to and agreed in writing by the planning authority. The lighting shall be designed in accordance with the recommendations in the Environmental Statement in relation to lighting type and spill, using BCT guidance Bats and Lighting. Once approved, the lighting scheme shall be installed prior to occupation of the first residential unit on the site (unless otherwise agreed in writing with the planning authority). Reason: in the interests of traffic and pedestrian safety, visual amenity and protected species. 5. No work shall commence on site until a detailed specification, including trade names and samples where appropriate, of all the proposed external materials has been submitted to and approved in writing by the planning authority. Reason: in the interest of visual amenity. 6. The trees on the site which are to be protected (see Tree Protection Zone on drawing (11) 002) shall be protected during the construction period by the erection of fencing, in accordance with clause 2 of BS5837:2005 Trees in Relation

5 5 to Construction or similar, as approved in writing by the planning authority, at the limit of the canopy spread of the trees. No materials, equipment or buildings shall be stored or located within the protected area, nor shall there be any access through it. The fencing shall be maintained in a secure and upright condition during the construction period. Reason: to safeguard protected trees. 7. At least two months before development starts on site, a full site specific Environmental Management Plan to inform the construction phase of the development shall be agreed with the planning authority in consultation with SEPA and Scottish Natural Heritage (SNH), as appropriate. All work shall be carried out in accordance with the approved Environmental Management Plan. The Plan shall incorporate the mitigation measures detailed in the Environmental Statement which accompanied the application as well as the following measures (advised by SNH): o The tree containing a single bat shall be soft felled with an ecologist present to check for the presence of bats. If a bat is found, work shall cease and advice be sought from SNH. o Other trees to be felled that have roost potential for bats shall be rechecked for roosting bats prior to felling. If a bat is found, work shall cease and advice be sought from SNH. o The provision of bat boxes for additional and alternative roost habitat. o The badger sett on site and the nearby badger sett shall be monitored through sand traps or similar for at least 2 weeks. A report of findings shall be submitted to and agreed in writing by the planning authority. If there is evidence of recent activity in the area, work shall not commence on site without the approval of SNH. o Measures to safeguard otters shall include the provision of escape ramps from deep excavations and covering of exposed pipework. o Tree felling shall take place outwith the bird breeding season. o Where any woodland work is required during the bird breeding season, an ecologist shall check vegetation for nesting birds to determine whether work can proceed. Reason: to protect environmental interests. 8. The residential development shall be completed in accordance with the requirements specified in the noise assessment contained in the Environmental Statement: Volume 1, Main Text, dated May Reason: to protect residents from external sources of noise. 9. The approved landscaping scheme (see landscape layout drawing number 1825/04) shall be fully implemented within six months of the completion of the development, and thereafter shall be maintained by the applicants and/or their successors. Maintenance shall include the replacement of plant stock which fails to survive, for whatever reason, as often as is required to ensure the establishment of the approved landscaping scheme. Reason: to ensure that the approved landscaping works are properly established on site.

6 6 Advisory notes 1. The length of the permission. This planning permission will lapse on the expiration of a period of three years from the date of this decision notice, unless the development has been started within that period. (See section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended).) 2. Notice of the start of development. The person carrying out the development must give advance notice in writing to the planning authority of the date when it is intended to start. Failure to do so is a breach of planning control. It could result in the planning authority taking enforcement action. (See sections 27A and 123(1) of the Town and Country Planning (Scotland) Act 1997 (as amended).) 3. Notice of the completion of the development. As soon as possible after it is finished, the person who completed the development must write to the planning authority to confirm the position. (See section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended).) 4. Display of notice. A notice must be displayed on or near the site while work is being carried out. The planning authority can provide more information about the form of that notice and where to display it. (See section 27C of the Town and Country Planning (Scotland) Act 1997 Act (as amended) and Schedule 7 to the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008.)

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

Appeal: Notice of Intention T: 01324 696 400 F: 01324 696 444 E: dpea@scotland.gsi.gov.uk Notice of Intention by Rob Huntley, a Reporter appointed by the Scottish Ministers Planning appeal reference: PPA-250-2242