PROPOSED CITY DEVELOPMENT PLAN 2014 Meeting Housing CITY COUNCIL Needs SUPPLEMENTARY GUIDANCE Supporting Policies CDP 1, 2, 10 & 12 Consultation Draft, August 2014
PROPOSED CITY DEVELOPMENT PLAN POLICIES CDP 1 The Placemaking Principle CDP 2 Sustainable Spatial Strategy CDP 3 Economic Development CDP 4 Network of Centres CDP 5 Resource Management CDP 6 Green Belt and Green Network CDP 7 Natural Environment CDP 8 Water Environment CDP 9 Historic Environment CDP 10 Meeting Housing Needs CDP 11 Sustainable Transport CDP 12 Delivering Development Policies CDP 1 (The Placemaking Principle) and CDP 2 (Sustainable Spatial Strategy) are overarching policies which must be considered for all development proposals to help achieve the key aims of The Plan. Policies CDP 3 to CDP 12 provide more detail on specific land use elements which contribute to meeting the requirements of the overarching policies. 2
Short Stay and Tourist Accommodation Purpose of Guidance This supplementary guidance sets out the requirements for all types of short stay and tourist accommodation, including class 7 uses (hotels/hostels), guest houses and short stay serviced apartments. It seeks to ensure the provision of high quality tourist accommodation in appropriate locations and seeks to protect the character and amenity of existing areas. Short stay and tourist accommodation is wide ranging and can include bed and breakfast guest houses, hotels, boutique hotels, hostels and short stay serviced apartments. These can potentially bring positive economic benefits to the City and provides high quality accommodation for tourists that visit the city. However, while the Council supports the promotion of tourist and short stay accommodation in the City there is a need to preserve character and amenity, particularly within conservation areas. Due to the diverse range of tourist accommodation on offer, careful consideration must be given to the site, location and design of a development proposal in order to provide high quality accommodation and associated facilities which successfully integrate with its surrounding environment. Key Criteria The Council will, subject to the provision that the appropriate city development plan policies and supplementary guidance are met, generally support short stay and tourist accommodation: in locations with high accessibility to active travel routes and a frequent public transport service; in locations with good access to shops and services; that can demonstrate that there would be no adverse impact on the character and amenity of an area; and that can demonstrate that the development will not place additional pressure on local amenities and facilities. This guidance applies to all types of tourist accommodation, including new build, change of use and conversion and specifically covers, hotels, short stay serviced apartments and guest houses. Hotels Introduction The location of hotel accommodation is imperative to ensuring visitors have good access to the City s attractions, its public transport networks and other active travel routes. Locations with good access to frequent public transport services, active travel routes, key tourist attractions, shops and other local amenities would therefore be preferable. The Council will generally support hotel accommodation proposals: that provide high quality accommodation that meets the standards as set out in the Placemaking and Design supplementary guidance; in locations with good accessibility to frequent public transport services and other active travel routes; that, where appropriate, can demonstrate having a positive regeneration impact on an area. There is potential for more detailed guidance and proposals to be delivered through strategic or local development frameworks; that can demonstrate that there would be no adverse impact on the character and amenity of an area; that, can demonstrate that the building to be of a size and scale in keeping with surrounding environment; and that provide on-site facilities appropriate to the nature, context and scale of the development and the needs and characteristics of the end user. Short Stay Serviced Apartments Introduction In recent years, Glasgow has experienced the emergence of short-stay serviced apartments within blocks of flats in residential use. These apartments have the characteristics of a hotel; in that residents stay for a very short period of time (see Definition). Whilst the Council encourages the provision of such accommodation as a single use in appropriate locations, it is clear that amenity problems arise where short-stay serviced apartments are intermingled within blocks of residential flats. The resulting mixed use conflicts with the amenity enjoyed by permanent residents through the regular influx of temporary residents. Increased strain is placed upon existing infrastructure (such as increased use of lifts) and shared areas. The high turnover of residents also results in an intensification of activity which would 3
4 not normally be associated with residential occupancy, such as the regular servicing of flats which is essential to their operation. Occupation by guests themselves can be the most significant factor in terms of the negative impact on residential amenity because of the difference in life-styles of the two groups. The attractiveness of shortstay serviced apartments to large groups sharing a single flat in particular may result in acute problems of noise, keeping late hours, overcrowding and a lack of care for the common areas. Given the transient nature of occupation there is often little, if any, concern for how such problems may impact on the amenity of surrounding long-term residents. To ensure that residential amenity within a block of flats is not adversely affected by the introduction of flats used principally as a form of hotel accommodation: Planning permission will not be granted for a change of use to short-stay serviced apartments, within existing blocks of residential flats, resulting in a mixed use. In appropriate locations that satisfy the criteria relating to hotel accommodation above as applicable, planning permission may be granted for the change of use of entire blocks of residential flats to short-stay serviced apartments, or for purpose-built developments for this type of accommodation. Guest Houses Introduction To support the promotion of appropriate tourist facilities in the City while ensuring the preservation of residential amenity in housing areas. This supplementary guidance seeks to strike a balance between promoting tourism in the City and ensuring that residential amenity is not adversely affected by the intensification of uses within housing areas. Proposals for guest houses will be considered against the following: Guest houses and bed and breakfast establishments, where appropriate, should be located in detached, semi-detached or end-terraced properties. Conversions from former dwellinghouses (see Definition) now in non-mainstream residential use, such as offices, may be considered favourably, provided they would not reduce local amenity due to noise, traffic movements or other material considerations. Guest houses should be located near to railway stations, subway stations, and main bus routes, foot paths and cycle paths in order to make it easy for visitors to the City to use public transport. Local Area To protect residential amenity in areas where there are already a significant number of non-residential uses and/or problems of parking and traffic congestion, the change of use of dwellinghouses/flats will be strongly resisted in the following Conservation Areas: Crosshill; Dennistoun; Glasgow West; Park; St Vincent Crescent; and Strathbungo. To ensure that the property remains as a facility for visiting tourists and business people only, a Section 75 Agreement (see Definition) must be entered into. The Agreement will require that: the applicant becomes and remains a member of Visit Scotland or successor organisation (Scotland s National Tourism Organisation); residents must be charged by invoice; meals must be available to residents, if required; catering, including the provision of liquor, must be provided to residents only; the establishment must have a resident owner/manager; rooms and communal areas must be cleaned daily by the management; and guest house and bed and breakfast establishments must become and remain a member of the National Quality Assurance Scheme (a condition of membership of Visit Scotland) and satisfy the minimum criteria for their appropriate accommodation classification (as defined by Visit Scotland). Definitions DWELLINGHOUSE - Does not include a building containing one or more flats, or a flat contained within such a building (Source: The Town and Country Planning (General Permitted Development) (Scotland) Order 1992). NON-MAINSTREAM RESIDENTIAL USE - Any use, other than a mainstream dwelling, including multiple occupancies, institutions, and offices, that is made of a property whose original purpose was as a dwelling unit for families or individuals.
SECTION 75 OBLIGATION - A legal agreement under Section 75 of the Planning etc. (Scotland) Act 2006, which is used to control the use or development of land. Such an agreement is entered in the Land Register of Scotland and can be enforced against the successors in title. SHORT-STAY SERVICED APARTMENTS - Residential flats used as quasi hotel accommodation, where periods of occupation are generally less than 90 days, and services such as cleaning and laundry are provided, either on a daily basis or between periods of occupation. Additional Requirements In relation to the proposed development, applicants will be required to submit a design and access statement Student Accommodation Introduction In recent years, there has been a significant increase in the number of purpose built student accommodations being developed in the City. Since 2009, approximately 80 planning applications have been submitted to Glasgow City Council for student accommodation. Until recently, there has been a tendency for students to reside in university owned accommodation, at home or in private rented accommodation, such as HMOs but with the number of students studying in Glasgow increasing by each year there has been more demand for purpose built accommodation. A student population can bring positive economic and social benefits to an area; however, this type of development (both new build and conversion of existing buildings) can often promote high density accommodation which can lack supporting on or off site amenity/social/recreational infrastructure. This can place additional pressures on existing local amenity and facilities, such as recreational space and community facilities. There is therefore a need for purpose built student accommodation not only to provide students with adequate living and amenity space but also to offset the effects of an increased concentration of one type of population in an area of the City. This supplementary guidance seeks to ensure the provision of high quality student accommodation in appropriate locations and seeks to protect the character and amenity of existing areas. Key Criteria The Council will, subject to the provision that the appropriate city development plan policies and supplementary guidance are met, generally support student accommodation: in or adjacent to main university and college campuses; in locations with good access to university and college facilities by active travel routes and a frequent public transport service; in locations with good access to shops, services, healthcare, leisure and community facilities; that can demonstrate that there would be no adverse impact on the character and amenity of an area; that can demonstrate that the development will not place additional pressure on local amenities and facilities; and that provides a mix of accommodation/unit types. This guidance applies to all types of student accommodation developments, including new build, change of use and conversion. It will specifically cover: Location and Accessibility Placemaking Design and Amenity Space Location and Accessibility The location of student accommodation is vitally important to maximise the quality of living for students. Locations with good access to frequent public transport services, active travel routes, shops and other local amenities would therefore be preferable. All applicants will be required to demonstrate the accessibility of the development to public transport provision and active travel routes, such as path and cycle networks and the accessibility of the development to local amenities and community facilities. The Council will, subject to the provision that the appropriate city development plan policies and supplementary guidance are met, generally support proposals in or adjacent to main university and college campuses and in locations with 5
accessibility to frequent public transport services and other active travel routes. The Council will also support development proposals that can demonstrate having a positive regeneration impact on an area. There is potential for more detailed guidance and proposals to be delivered through strategic or local development frameworks. Placemaking The creation of mixed and inclusive communities is also an important factor when considering where student housing should be located. Universities and their students make a significant contribution to the economy and to the social mix of an area. However, student accommodation can be associated with a concentration of relatively short term residents who, by reason of their particular social needs, the unique nature of activity associated with student life and demand for facilities and services can have an unwelcome impact on an established community. The Council will only support development proposals that: can demonstrate that it will fully integrate with its surrounding environment; offer high quality amenity and open space; where appropriate, can demonstrate there will be a positive regeneration impact on an area; and provide a mix of accommodation/unit types Accommodation should be designed in such a way to make it easily adaptable in the future. Developers are required to provide the Council with a framework for the development proposal stating how the development would integrate with the existing surrounding neighbourhood and that a mix of accommodation/unit types is provided. When assessing proposals, the Council will take into consideration existing concentrations of student housing, the wider mix of housing within an area and the impact the development will have on the character and amenity of an area. It is imperative that the design of the development meet the needs of the people that will use the accommodation or facility, therefore the design and layout must be tailored to the type of development and the people that will reside there or use the facility on a frequent basis. It should offer high quality amenity space and outdoor spaces which are responsive to the needs of the user and meet overall placemaking principles. The Placemaking and Design supplementary guidance must be considered and read in conjunction with this guidance. Design and Amenity Space To ensure a range of accommodation is available and attractive to prospective students, the Council will seek to ensure that development proposals include: a mix of high quality accommodation units to suit all types of students, such as undergraduate and post graduate students and those students with families or that have additional support needs or demonstrate why this is not necessary; the building to be of a size and scale in keeping with its surrounding environment; good quality on site amenity spaces, such as laundry, utility and mail facilities and other on site amenities, such as social hub areas, study areas, that are proportionate to the number of students living in the accommodation; high quality outdoor spaces i.e. garden/green space with drying areas; crime prevention and community safety measures within the layout and design of the development which contribute to a safe and secure environment; safe, easy and inclusive access for all people regardless of disability, age or gender, both into the building or site and to local amenities such as shops, community and leisure facilities; appropriate and well designed provision for waste storage, recycling and collection. Waste and recycling provision in a development must be located discreetly, so as to have no adverse visual impact or cause traffic/noise nuisance to neighbours; provision of appropriate sustainable drainage requirements; and ensure there is no adverse impact on properties in terms of flood risk from overland flows or other sources. Additional Requirements In relation to the proposed development, applicants will be required to: submit a design and access statement; and submit a noise management assessment. Multiple Occupancy Introduction Multiple occupancy provides an essential form of accommodation for many people, particularly students. When concentrated in a particular street or building, however, it can give rise to environmental problems due to increased activity, noise, pressure on car parking and refuse disposal. 6
This supplementary guidance aims to strike a balance between the demand for multiple occupancy and the need to ensure that the stability of neighbourhoods and the residential amenity of properties and streets are not adversely affected by multiple occupancy accommodation. The legal controls over this type of housing use are complex. Multiple occupancy in a flat, for example, needs 2 legal permissions before it can operate - planning permission, and a licence for a house in multiple occupation (HMO Licence). Failure to obtain planning permission lays the owner open to enforcement action under planning legislation, and failure to obtain a Licence can lead to prosecution, under housing legislation. There is no definition of multiple occupancy in planning legislation nor any commonly accepted definition for multiple occupancy of a flat. For the purposes of licensing, the Housing (Scotland) Act 2006, Part 5 does, however, define multiple occupancy and this definition is reflected in Planning Circular 2/2012 Houses in Multiple Occupation: Guidance on Planning Control and Licensing (see Definition). A definition is required to highlight why multiple occupancy of a flat (see Definitions) is different from family (see Definition) occupancy of a flat to the extent that it constitutes a material change of use requiring planning permission. It must also provide clarity for the purposes of enforcement. On the basis of the above, and other factors such as upkeep of gardens and property, multiple occupancy is regarded by the Council as being sufficiently different from family occupancy, in fact and degree, to allow a change from the latter to the former to be regarded as a material change of use requiring planning permission. Defining what requires Planning Permission HOUSES, OTHER THAN FLATS Permission is required for a house: containing more than five unrelated residents living together, including a household where care is provided for the residents; and let out in bed-sits. FLATS Permission is required for a flat (see Definition) where three or more unrelated persons live. Planning permission is deemed not to be required where only one lodger is accommodated in addition to one resident family (see Definition). Applicants should note that possession of a planning permission or certificate of lawfulness will not guarantee the grant of an HMO licence, where Licensing addresses different matters, such as fire safety. Licensing Requirement If granted planning permission or a certificate of lawfulness, applicants will also have to obtain a licence for a House in Multiple Occupation (HMO). An application form and guidance notes can be obtained from the Licensing Section, Chief Executive s Department, 235 George Street, Glasgow, G1 1QZ, or downloaded from glasgow.gov. uk. Planning applications for multiple occupancy will be judged against the following: There must be individual access to a lit street. This will include main door flats (see Definition) and undivided terraced houses, but will exclude most properties served by a tenement close (see Definition) and/or communal stairs and properties which have already been subdivided. There must be direct access to a refuse store and a drying area to the rear of the building (recycling space should be provided in accordance with the Resource Management: Provision of Waste and Recycling Space supplementary guidance. The need for car parking will be assessed, in each case, in accordance with the Sustainable Transport: Parking. Within a given street or block (or other readily identifiable unit)1 the proportion of multiple occupancies should not exceed 5% of the total number of dwellings comprising that unit (exemptions from this rule may include properties that have become completely isolated from family accommodation). Certificates of Lawfulness When an application is submitted for a Certificate of Existing Lawful Use as a multiple occupancy, the applicant is required to demonstrate that the use has been in operation continuously for 10 years preceding the date of the application. Examples of evidence which may be submitted are as follows: rent books or equivalent relating to the premises for the past 10 years where payments have been acknowledged by tenants; copies of letting agreements with tenants for every year for the past 10 years; copies of gas/electricity bills indicating that the premises have been let in multiple occupation for the past 10 years; extracts from the Council Tax Register; 7
evidence of the registration of rents for the premises indicating that they were used as multiple occupancies for the past 10 years; copies of returns to, or certificates from, HM Revenue and Customs indicating that the premises had been rated as commercial, as a result of their being used as multiple occupancies for the past 10 years; and pre-registration records held by the Council s Land and Environmental Services (Environmental Health). The list of criteria is not exhaustive and it is possible for satisfactory evidence to come from other sources. The onus to produce such evidence lies with the applicant. MULTIPLE OCCUPANCY - The only or main residence of three or more persons from three or more families. (Source: Planning Circular 2/2012 Houses in Multiple Occupation: Guidance on Planning Control and Licensing). Whether planning permission is required or not for multiple occupancy will be relative to the type of dwelling as set out in this supplementary guidance. TENEMENT CLOSE - The shared entrance and stairway within a traditional flatted residential building, with or without commercial units on the ground floor. Local Area A concentration of flats in multiple occupancy within a particular neighbourhood has the potential to change the dynamics of a community and undermine its stability in regard to schools and shops. High turnover of residents and under occupied buildings during university/college holidays, along with the potential for lack of routine maintenance of properties in these areas, can discourage owner occupation and detract from residential amenity. Historically, multiple occupancy has been concentrated within parts of the West End, close to Glasgow University and with easy access to the other universities and colleges in the City. The density of flats with an HMO licence in Hillhead and Woodlands, in the heart of Ward 11, has now reached such a level that no further planning applications for multiple occupancies will be supported in these areas (see Map accompanying this guidance). Definitions FAMILY - A person is a member of the same family, if married to each other, are civil partners to each other or living together as a couple or one of them is the parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece of the other (including step and half relations and foster children) (Source: Housing (Scotland) Act 2006, Part 5, Section 128 Relationships). West End Multiple Occupancy 8 FLAT - A separate set of premises whether or not on the same floor and forming part of a building from some other part of which it is divided horizontally (Source: The Town and Country Planning (General Permitted Development) (Scotland) Order 1992). MAIN DOOR FLAT - A ground floor flat within a residential building with a direct access to the street through a private front garden.
Care in the Community Purpose of Guidance This supplementary guidance seeks to ensure that all care in the community developments enjoy a high level of residential amenity and effectively integrate with their surrounding environment. The guidance also aims to ensure that all care in the community developments meet the placemaking principles set out in the Placemaking and Design. Care in the Community accommodation is wide ranging and falls within Class 8 (residential institutions ) of the Town & Country Planning (Use Classes) (Scotland) Order 1997. The type of development can include care homes; sheltered accommodation; hospices; supported care centres and independent living/supported accommodation. The type of care required in each type of development will differ, therefore it is imperative that it is tailored and designed with the end user in mind. Key Criteria The Council will, subject to the appropriate city development plan policies and supplementary guidance being met, generally support care in the community accommodation that: meets Placemaking and Design standards as set out in the Placemaking and Design supplementary guidance; provides high quality amenity and outdoor space; is in locations with good access to active travel routes and a frequent public transport service; is in locations with good access to shops, services and community facilities; and can demonstrate that there would be no adverse impact on the character and amenity of existing environments. This guidance applies to all types of care in the community developments, including new build, change of use and conversion. It will specifically cover: Placemaking Location and Accessibility Design and Amenity Space Placemaking It is imperative that the design of the development meet the needs of the people that will use the accommodation or facility, therefore the design and layout must be tailored to the type of development and the people that will reside there or use the facility on a frequent basis. It should offer high quality amenity space and outdoor spaces which are responsive to the needs of the user and meet overall placemaking principles. The Placemaking and Design supplementary guidance must be considered and read in conjunction with this guidance. Location and Accessibility The location of care in the community developments will be based on access to local amenities, accessibility to public transport and active travel routes and the ability for the development to integrate within existing environments. Good access to frequent public transport and active travel routes is fundamental to people using care in the community development e.g. residents, staff and visitors. All applicants will be required to demonstrate the accessibility of the development to public transport provision and active travel routes, suh as path and cycle networks and also the accessibility of the deveopment to local amenities and community facilities. The Council will, subject to the provision that the appropriate city development plan policies and supplementary guidance are met, generally support care in the community development that is in locations with good access to active travel routes and a frequent public transport service; is in locations with good access to shops, services and community facilities; and that can demonstrate that there would be no adverse impact on the character and amenity of an existing area. Where appropriate, development proposals that can demonstrate it will have a positive regeneration impact on an area will also be supported, subject to city development plan policies and supplementary guidance. There is potential for more detailed guidance and proposals to be delivered through strategic or local development frameworks. Design and Amenity Space All new development should: provide a mix of accommodation units, where appropriate; contain high quality on site amenity spaces; provide high quality amenity and outdoor space (see Placemaking and Design ) demonstrate high standards of design and where appropriate, inclusive design; ensure safe, easy and inclusive access for all people regardless of disability, age or gender, both into the building or site and to local amenities such as shops, community and leisure facilities; 9
provide appropriate and well designed provision for waste storage, recycling and collection. Waste and recycling provision in a development must be located discreetly, so as to have no adverse visual impact or cause traffic/noise nuisance to neighbours; provide appropriate sustainable drainage requirements; and ensure there is no adverse impact on existing or proposed properties in terms of flood risk from overland flows or other sources. DESIGN AND ACCESS STATEMENT - Provides a framework for applicants to explain how a proposed development is a suitable response to the site and its setting, and demonstrate that it can be adequately accessed by prospective users. Additional Requirements Applicants will be required to: submit a design and access statement in relation to the proposed development; and demonstrate that the proposed development is compliant with the Care Inspectorate s National Care Standards. Defining what requires Planning Permission SUPPORTED ACCOMMODATION IN A DWELLING HOUSE - the use will no longer remain within Class 9 (Houses) of the Town and Country Planning (Use Classes) (Scotland) Order 1997 and will require planning permission, if there will be more than 5 unrelated persons, including any resident staff. SUPPORTED ACCOMMODATION IN A FLAT - planning permission will be required for a change of use if there are more than three unrelated persons, including any resident staff (see Definition) in the flat. This reflects the Council s view of where planning permission is required in flats and does not emanate from planning legislation. OFFICE FLATS FOR SUPPORTED ACCOMMODATION - planning permission will usually be required. When located in a tenement or a multi-storey block, they should be on the ground or lowest floor, ideally with their own entrance, to protect the residential amenity in the building. Definitions CARE IN THE COMMUNITY DEVELOPMENT - Any development which falls within Class 8 (Residential Institutions) of the Town and Country Planning (Use Classes) (Scotland) Order 1997. INCLUSIVE DESIGN - To ensure such a development is designed in such a way to be accessible to, and usable by, as many people as reasonably possible. 10
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