EAST AYRSHIRE COUNCIL
PLANNING COMMITTEE: 28 November 2014
14/0582/AMCPPP – CONSTRUCTION OF 96 HOUSES WITH ASSOCIATED
ROADS, SEWERS, PARKING, ETC
AT: PROPOSED RESIDENTIAL DEVELOPMENT, IRVINE ROAD, KILMARNOCK
BY: BELLWAY HOMES (SCOTLAND) LTD
Report by Acting Executive Director of Neighbourhood Services
Click for Application Details: http://eplanning.eastayrshire.gov.uk/online/applicationDetails.do?activeTab=summary&keyVal=N8G6ZYGF2000
EXECUTIVE SUMMARY SHEET
1.
PURPOSE OF REPORT
The purpose of this report is to present for determination an application for
planning permission which is to be considered by the Planning Committee
under the Scheme of Delegation as the application has attracted more than 10
objections and is a Major Development in terms of the hierarchy of development
types.
2.
RECOMMENDATION
It is recommended that the planning application ref. 14/0582/AMCPPP be
approved subject to the conditions on the attached sheet.
3.
CONTRARY DECISION NOTE
Should the Committee agree that the application be refused contrary to the
recommendation of the Acting Executive Director of Neighbourhood Services,
the application would not require to be referred to the Council as this would not
constitute a significant breach of policy.
David McDowall
Acting 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
PLANNING COMMITTEE: 28 NOVEMBER 2014
14/0582/AMCPPP - CONSTRUCTION OF 96 HOUSES WITH ASSOCIATED
ROADS, SEWERS, PARKING, ETC
AT: PROPOSED RESIDENTIAL DEVELOPMENT, IRVINE ROAD, KILMARNOCK
BY: BELLWAY HOMES (SCOTLAND) LTD
Report by Acting Head of Planning & Economic Development
PURPOSE OF REPORT
1.
The purpose of this report is to present for determination an application for
planning permission which is to be considered by the Planning Committee under the
Scheme of Delegation as the application has attracted more than 10 objections and is
a Major Development in terms of the hierarchy of development types.
APPLICATION DETAILS
2.
Site Description: The site comprise part of an agricultural field located on the
western edge of Kilmarnock, between Kilmarnock and Crosshouse Hospital, adjacent
to Irvine Road (B7081). The application site forms part of a much larger area of ground
for which planning permission (on appeal) has been approved for up to 550 dwellings.
Extensive land engineering operations have recently been carried out to remediate
former mine entries and workings and to provide level building platforms. Ground
preparation work has also commenced for the construction of a new roundabout on
the B7081, the main traffic distributor road that will serve the development and two
SUDS ponds.
3. Proposed Development:
The current application is for the development of 96
houses and is the first phase of the Fardalehill housing development. The site lies
within Planning Delivery Zone 1 of Phase B (NB Phase ‘B’ is being developed before
Phase ‘A’) of the approved phasing plan for the wider Fardalehill housing
development. The housing types are predominantly 3 and 4 bed detached, with a
limited number of 3 bed semi-detached. 86 of the houses are detached and 10 are
semi-detached. Nine different house types are proposed, all of which are two storey.
Two alternative palettes of external finish materials are to be used comprising a mix
of white render and reconstituted stone blockwork wall finishes and grey or red roof
tiles.
4. A new residential access road will be formed from the proposed distributor road.
The residential access will initially form a long cul-de-sac with two shorter cul-de-sacs
formed off it. Indicative plans have been submitted for the adjacent phase which
indicate that the residential access road will be extended in later phases to form a loop
that will re-join the distributor road. A temporary access will be formed onto the
distributor road, for the initial phase of the development. Upon completion of the 96
houses, this temporary access will be blocked off with bollards and retained as an
access for emergency vehicles only.
5. Each dwelling will be provided with two parking spaces within the curtilage and in
addition, 21 visitor parking spaces will be provided at various points throughout the
development. A novel road layout is proposed with shared vehicle/pedestrian surface
and features designed to regulate traffic speeds to 20 mph (eg sharp bends and road
narrowings). The road surface will be tarmac and the adjoining parking areas will be
surfaced with porous block paving. Grass verges will be formed either side of the road
which, together with the porous paving will form part of the sustainable urban drainage
system.
CONSULTATIONS AND ISSUES RAISED
6.
Ayrshire Roads Alliance (Roads & Flooding): following submission of
amended plans for the layout of the internal access road network, have no
objection on road safety or flooding grounds. The proposed combined road and
roof drainage arrangement will require the approval of Scottish Water prior to
any development commencing on the construction of roads and houses.
A suspensive condition covering this issue is proposed.
7.
The Coal Authority (response dated 27 October 2014): Withdraw their
earlier objection on the basis that a Coal Mining Risk Assessment was
submitted to and approved by the Planning Authority under application
reference 13/0230/AMCPPP.
8.
West of Scotland Archaeology Service (response dated 14 August 2014):
Trial trenching carried out in connection with the Environmental Statement (ES)
prepared for the outline planning application in 2009 identified two sites within
the proposed development area (Fardalehill Row miners’ cottages and an area
of rig and furrow cultivation). The ES concluded that the potential for additional
buried deposits was likely to be minimal and this is accepted by WoSAS. The
ES recommended that preservation of these features in-situ is preferable to
preservation by recording. The current proposals will result in the complete
removal of the remains of Fardalehill Row. As noted in WoSAS response to
application 09/0098/OL, the site is not of such significance that preservation insitu is merited. However, a condition should be imposed requiring
archaeological recording of the remains prior to their destruction.
West of Scotland Archaeology Service (response dated 14 October 2014)
Confirmed that Fardalehill Row is located outwith the current application site.
Consequently, there is no requirement for an archaeology condition.
9.
Scottish Power: were consulted but had not responded at the time of writing.
10.
Environmental Health: have no objection subject to conditions covering hours
of noisy work, noise levels, dust and floodlighting during the construction phase.
REPRESENTATIONS
11. Objections (resulting from the original neighbour notification and press advert
and the second round of publicity following submission of amended plans) have been
received from 44 individuals. The representations comprise the following grounds of
objection:
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Lack of capacity within local schools to cope with further influx of residents
Loss of habitat (water feature)
Lack of capacity in the surrounding road network and impact on response
times for emergency vehicles
Road safety of pedestrians crossing Irvine Road
Insufficient pavements on Irvine Road and Bonnyton Road
Increased noise and disturbance from increase in pedestrian movements in
surrounding streets
Unstable ground conditions due to past mining works and mineshafts
There are other housing development opportunities at Moorfield, The
Potteries and Dunmuir Park and there is no need for this area to be developed
for housing
Coalesence between Kilmarnock and Crosshouse settlements
COMMENT: The above issues are not relevant to the assessment of the current
application. The principle of residential development has been established
through the allocation of the site and surrounding land for residential
development under the Adopted EALP 2010 and under Planning Permission in
Principle (reference 09/0098/OL) approved on appeal by the Directorate for
Planning & Environmental Appeals in 2012. This consent, together with the
subsequent approval of applications 13/0230/AMCPPP and 13/0713/AMCPPP,
have established the principle of residential development on the current
application site and the wider Fardalehill area and have provided full planning
permission for the access road to the site from Irvine Road (including a new
roundabout), earthworks to form level building platforms, formation of two
SUDS ponds and other strategic infrastructure for surface water drainage. In
addition to these “hard infrastructure” elements, the consents have also
established a master plan and design guide for the whole development, phasing
programme for the build out of Phase B (lying to the south of Bonnyton Road),
phasing programme for the delivery of various off-site transport improvements,
a programme of site investigation and reclamation measures to treat soil
contamination and redundant coal mine entries and shallow workings.
The current application seeks approval of the layout, internal road network,
house types, surface water drainage system and landscaping for this phase,
as required by condition 1 of the outline planning permission.
12 Lack of capacity within the existing drainage system and potential for discharge of
foul water.
COMMENT: Foul drainage from the housing will be taken to an existing sewer
under the control of Scottish Water. The developer will require to obtain
consent from Scottish Water for this connection. Surface water (from roofs,
roads and pavements) will be discharged to a small water course located on
the western side of Irvine Road via a Sustainable Urban Drainage System
(SUDS). The SUDS consists of roadside swales and detention basins which
collect surface water and direct it into a carrier pipe which will be owned by
Scottish Water. The “carrier pipe” will take the water to detention ponds
located within the Fardalehill development site. The SUDS system is designed
to control the rate at which surface water is discharged to the watercourse in
order to prevent any increased risk of flooding within and outwith the site. The
Council’s Flooding Officer has been consulted and has confirmed that the
SUDS system is adequate to cope with the 1 in 200 year rainfall event. As
stated in the Consultations section above, the developer will require to obtain
the approval of Scottish Water to accept both the road and roof drainage
within the proposed SUDS system, prior to the adoption of the system by
Scottish Water for maintenance.
13 Potential for flooding of properties along Irvine Road
COMMENT: As stated at point 11 above, the arrangements for drainage of
surface water (from roofs, roads and pavements) have been assessed by the
Council’s Flooding Officer who has confirmed that the flood route through the
development and the SUDS system is adequate to cope with the 1 in 200 year
rainfall event and prevent flooding.
14 Lack of Parking
COMMENT: In accordance with the Council’s published Development Roads
Guidelines, a minimum of two car parking spaces will be provided within the
curtilage of each house. In addition, visitor parking spaces will be provided
throughout the housing development. The Ayrshire Roads Alliance have
advised no objections on parking or road safety grounds.
15 Noise and air pollution during construction work
COMMENT: The Council’s Environmental Health Service have no objections to
the proposed development, subject to conditions restricting the hours of noisy
work and noise levels, floodlighting and dust during the construction phase.
16 Overlooking of existing properties
COMMENT: The application site is bounded by existing housing in Irvine Road,
Stirling Crescent/Avenue and Waverley Avenue. Plots 40 to 48 back onto
houses in Irvine Road and there is a separation distance of 30 metres between
the rear walls of the existing and proposed houses. A landscaping belt
comprising trees and shrubs is to be formed within the rear gardens of these
plots to further visually separate the existing and proposed houses. Plots 39 &
40 back onto flats in Stirling Crescent and are set back 12 metres from the rear
boundary. Plot 37 is positioned gable end on to Stirling Avenue and there are
no windows incorporated into the facing elevation. The rear elevations of the
dwellings proposed on plots 34, 35 & 36 also face onto properties in Stirling
Avenue and Waverley Avenue and are set back 11 metres from the rear garden
boundary. It is proposed that a condition be imposed requiring the rear
garden boundaries of plots 34 to 48 to be enclosed by 1.8 metre high, vertical
close boarded timber fencing to ensure no loss of privacy.
17 Loss of property value and loss of view.
COMMENT: reduction in property value and loss of view are not material
considerations in the assessment of a planning application.
18 House styles are out of character with the surrounding houses and should be no
higher.
COMMENT: there is a variety of two storey, storey and a half and single storey
housing of differing architectural styles in the surrounding area. The
architectural style is typical of recent modern development within Kilmarnock
is of an acceptable standard. The issue of loss of privacy is fully considered
above.
19 Light pollution resulting from incorrectly positioned exterior lights
COMMENT: the proposed housing does not incorporate exterior flood lighting.
Whilst residents may add additional exterior lighting in the future, nuisance
arising from light pollution can be resolved under Environmental Health
legislation.
20 There is a need for small, single storey houses in Kilmarnock and there are too
many two storey houses already
COMMENT: the Local Development Plan does not seek to direct what type or
size of housing should be provided on private residential developments and it
is a matter for the developer to determine the type and size of housing.
21 Proximity to high voltage pylons and gas main
COMMENT: the electricity pylons have been dismantled and the cables laid
under ground. The current application site is outwith the high pressure gas
main safeguarding zone, which lies within the western quarter of the wider
Fardalehill site.
22 Over-development. Density is significantly greater than the adjacent properties.
COMMENT: the proposed development has been assessed against policies
RES 26 and Schedule 5 of EALP. The garden sizes on the whole meet the
minimum requirement for ratio of developed to undeveloped land and the
minimum secluded garden sizes set out in the Schedule.
23 Ongoing management of landscape buffer to rear of properties in Irvine Road
COMMENT: the original submitted plans had shown the landscape buffer as an
unfenced area of tree and shrub planting. Amended plans have been
submitted showing the landscaped area incorporated within the rear gardens
of plots 40 to 48 and therefore enclosed by fencing. Maintenance will fall to the
individual homeowners.
24 Object to the incorporation of the landscape buffer to the rear of Irvine Road
within the gardens of plots 40 to 48.
COMMENT: the design of the landscape buffer has been carefully considered
and at the request of the Planning Authority, the buffer has been incorporated
into the gardens of the affected plots. The original layout had shown this area
as an unfenced public landscaped area. It is considered that this could have
led to future problems with maintenance of the area due to dumping of waste
and complaints arising from unsocial behaviour within an unsupervised area
immediately to the rear of existing and proposed houses. Physically, the buffer
has not been amended in terms of its dimensions and landscaping. A planning
condition is proposed to ensure that all landscaping areas, including the
buffer zone, are maintained in the future.
25 The permission of the Coal Authority should have been obtained by the developer
to carry out initial site works, including drilling boreholes.
COMMENT: the issue of risk from past coal mining activity was considered at
the time of the original permission in principle application. Condition 24
required the submission of a Site Investigation Report identifying any
necessary remedial works and these works are to be carried out in accordance
with details and timescales agreed with the Planning Authority. A planning
application to discharge Condition 24 (reference 13/0230/AMCPPP) was
approved on 21/06/2013 and these works have now been carried out within the
Phase B area. In accordance with condition 1 of permission 13/0230/AMCPPP,
a report verifying that the remediation works have been carried out in
accordance with the approved Site Investigation/Reclamation Strategy is to be
submitted to the Planning Authority. The Coal Authority originally objected to
the current application on the basis that a Coal Mining Risk Assessment had
not been submitted. However, the Coal Authority’s response had not taken
account of the planning history of the site and in the particular the approval of
the “Site Investigation & Remediation Strategy” (which includes a coal mining
remediation strategy) that was approved by the Planning Authority on 21 June
2013 (ref 13/0230/AMCPPP). The coal mining remediation strategy has
subsequently been implemented. The Coal Authority have withdrawn their
objection on the basis of that a remediation strategy for the site has been
approved.
ASSESSMENT AGAINST DEVELOPMENT PLAN
26 Sections 25 and 37(2) of the Town and Country Planning (Scotland) Act 1997
require that planning applications are determined in accordance with the development
plan unless material considerations indicate otherwise. For the purposes of this
application the relevant development plan comprises the Adopted East Ayrshire Local
Plan 2010 (EALP).
East Ayrshire Local Plan 2010
27. Strategic Policy RES 1 states that the Council will encourage and support the
residential development of those Development Opportunity Sites identified for
housing purposes on the individual local plan maps. The sites identified will be
specifically reserved for residential development at the indicative capacities
indicated, with development taking place in line with any phasing programmed
described in the plan, or such other programming as may be agreed for the sites in
question.
The application site lies within allocated site 318H and the principle of
residential development is consistent with Policy RES1. A ‘Strategic Design
Guidance and Master Plan’ has been approved for the site under condition 1 of
outline planning permission 09/0098/OL and the site layout complies with the
approved document.
28. Policy RES 22 states that the Council will seek to protect, preserve and
enhance the residential character and amenity of existing residential areas.
The application site is bounded by existing housing in Irvine Road, Stirling
Crescent/Avenue and Waverley Avenue. Plots 40 to 48 back onto houses in
Irvine Road and there is a separation distance of 30 metres between the rear
walls of the existing and proposed houses. A landscaping belt comprising
trees and shrubs is to be formed within the rear gardens of these plots to
further visually separate the existing and proposed houses. Plots 39 & 40 back
onto flats in Stirling Crescent and are set back 12 metres from the rear
boundary. Plot 37 is positioned gable end on to Stirling Avenue and there are
no windows incorporated into the facing elevation. The rear elevations of the
dwellings proposed on plots 34, 35 & 36 also face onto properties in Stirling
Avenue and Waverley Avenue and are set back 11 metres from the rear garden
boundary. It is proposed that a condition be imposed requiring the rear
garden boundaries of plots 34 to 48 to be enclosed by 1.8 metre high, vertical
close boarded timber fencing to ensure no loss of privacy.
The architectural style, scale and finishes of the proposed houses are typical
of recent modern developments elsewhere in Kilmarnock and are acceptable
within the context of this part of Kilmarnock which contains a range of
buildings of different architectural styles, heights and density.
29. Policy RES 23 states that the Council will require all housing developers to
provide areas of recreational and amenity open space as an integral part of their
proposals and ensure that the location of all such areas is addresses as a primary
consideration in the preparation of the housing layout. All open space, and especially
areas containing play equipment, should be located in accessible positions, centrally
located within the development and overlooked by housing.
30. Schedule 4 of the Adopted Local Plan sets out interim guidance on the amount
of public open space required within new residential developments and states that
developments of more than 300 houses are expected to have 1.5 hectares of public
parkland, incorporating areas for active and passive recreation and children’s play.
The current application is for the first phase of development within Fardalehill
and does not contain any substantial areas of public open space and there is
no equipped play space. The layout and design of the overall development is
guided by the “Strategic Design Guidance and Master Plan dated 6th February
2009”. Condition 1 of the outline planning permission for the Fardalehill
development requires that the development is carried out in accordance with
the Strategic Design Guidance and Master Plan. The current application site
lies within “Character Area 04 (Fardalehill South)” and includes parts of blocks
02, 04 and 05 and all of 03. The approved design guidance and master plan
requires the provision of a local open space containing children’s play
equipment towards the centre of block 05. The current site only relates to
southern fringe of block 5. In accordance with the principles set out Policy
RES 23, it would not be desirable to amend the current proposal to include a
significant area of public open space as this would result in a layout where
this feature would not be centrally located within the wider housing
development. In order to comply with Condition 1 of the outline permission,
future planning proposals for the remainder of block 05 will have to include a
substantial sized open space area which includes an equipped children’s play
area. Furthermore, the current phase of development is located close to
Annanhill Park, which contains substantial open space and equipped play
areas. This existing provision will be adequate to provide for the needs of the
residents in this first phase.
31. Policy RES 24 requires developers to ensure that areas of open space are
designed to take account of the practicalities of future maintenance, where possible
are linked to other areas of open space, are overlooked from adjacent properties, are
accessible for all abilities , well landscaped and linked by convenient footpaths.
As stated above, the proposal does not contain any substantial sized areas of
public open space. In accordance with the approved design guidance and
master plan, a landscaped area is proposed within block 04 to provide a buffer
between the new houses and the houses in Irvine Road. Whilst this area was
originally shown as an area of public open space, amended plans were
submitted on 9 October 2014 showing this area incorporated into the rear
gardens of plots 40 to 48. This revision was submitted in response to the
Planning Authority’s concerns that the area had the potential to become
misused as an informal play area and as a dumping ground for waste which
could have had a detrimental impact on the amenity of existing and future
residents. The enclosure of the landscape buffer within rear gardens will
ensure that access is controlled and that liability for future maintenance is
passed on to the future owners of these plots. A planning condition is
proposed requiring the area to be planted prior to the occupation of plots 40 to
48 and for the landscaping to be retained in perpetuity.
32. Policy RES 26 states that all developers of new housing developments should
have regard to the private open space guidelines in Schedule 5. These may be
relaxed where the Council is satisfied that relaxation is justified.
In accordance with Schedule 5 all the proposed houses are provided with a
secluded garden that equates to one and half times the ground floor area of
the house.
In addition to the above requirement, Schedule 5 also recommends that three
bedroom dwellings should have a minimum garden size of 100 m2 and four
bedroom dwellings should have a minimum garden size of 150 m2. Half the
proposed plots do not meet this minimum requirement, with the average
shortfall being approximately 17%. However, the under-provision on some
plots is compensated for by over-provision on other plots and in overall terms
the development meets the requirements of schedule 5. There is some scope
to rearrange the garden boundaries on a limited number of plots to comply
with schedule 5 and a condition is proposed requiring an amended layout to
be submitted.
33. Policy RES 27 states that the Council will require developers of Strategic
Expansion Locations to prepare Master Plans.
As stated above, a “Strategic Design Guidance and Master Plan” was
submitted and approved under the outline planning permission for Fardalehill.
The current proposal complies with the approved document.
34. Policy RES 29 requires developers of four or more houses to contribute towards
the cost of new or improved community facilities and infrastructure (‘Developer
Contributions’).
The outline planning permission for the Fardalehill development (ref
09/0098/OL) was granted subject to a Section 75 Agreement requiring
developer contributions to be paid in accordance with the Councils approved
Supplementary Planning Guidance
35. Policy T3 states that the Council will require developers, in formulating their
development proposals, to ensure that their proposals meet all of the requisite
standards of the Council as Roads Authority.
Ayrshire Roads Alliance have confirmed that the internal road layout generally
complies with the Development Roads Guidelines. Some minor adjustments
may be required to the road geometry to avoid over-run of grassed
areas/swales and the swales should be reinforced using “Grasscrete”. From a
maintenance point of view, the Roads Alliance would prefer the layout to avoid
small, isolated, areas of grass verge. These matters will be discussed further
with the Roads Alliance through the Road Construction Consent process.
In accordance with the approved “Strategic Design Guidance and Master
Plan”, footpath links are proposed from the development to the bus stop on
the north side of Irvine Road. Footpath links are also proposed to Stirling
Avenue and from the internal shared surface road network to the footpath to
be constructed along the proposed distributor road. A “novel” road layout is
to be used which incorporates shared vehicle/pedestrian surfaces and which
includes features designed to reduce traffic speeds to 20 mph.
36. Policy T4 states that the Council will require all developers to provide
appropriate car parking to the standards laid down by the Roads Authority.
A minimum of two car parking spaces are proposed per dwelling and visitor
parking is to be provided throughout.
37. Policy T5 states that developers will be requested to enter into Section 75
Agreements with the Council with regard to carrying out transportation infrastructure
improvements required as a result of their development.
Road infrastructure improvements are required under condition 5 of the
outline planning permission (ref 09/0098/OL) for Fardalehill. An “Infrastructure
Delivery Plan” setting out a timetable for the implementation of these road
improvements, etc has been approved under application 13/0713/AMCPPP on
24 January 2014. The ‘Delivery Plan’ requires the following works to be carried
out prior to the occupation of the first house within the development:
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new roundabout on Irvine Road;
extension of the 30mph speed limit on Irvine Road;
bus stop on north side of Irvine Road;
bus stop on south side of Irvine Road;
improvements to Munro Avenue/Irvine Road junction;
construction of internal spine road between Irvine Road and Bonnyton
Rd.
No dwelling proposed within the current application can be occupied until
these improvements have been carried out.
38. Policy T 6 requires the submission of green travel plans for proposals which
generate significant traffic movements.
Condition 14 of the outline planning permission (ref 09/0098/AMCPPP) requires
the submission of a green travel plan prior to the occupation of any house
within Phase A or B.
39. Policy ENV9 requires developers to achieve a high standard of design in new
developments.
As stated under the assessment of the proposals under policies RES22, 23, 24
and 26 and Policy T4, the layout and design of the proposed residential
development are acceptable and meet the Council’s requirements. Nine
different house types are proposed which are of similar size and massing and
which share a common pallet of exterior finishes (combinations of blockwork
and render to external walls and grey or red roof tiles). The range of house
designs strike an appropriate balance between the need for variety in the detail
and uniformity in the overall scale, massing and finishes. A landscaping
scheme is proposed which includes extensive tree planting and hedgerows.
40. Policy ENV 21 seeks to ensure that all new developments are free of flood risk
from any source and do not materially increase the probability of flooding elsewhere.
The proposed layout incorporates a Sustainable Urban Drainage System
(SUDS) for surface water from roads and roofs. The system consists of
roadside swales which will collect water from the road surface and roofs.
Water in the swales will be taken to a low point within the site where it will be
collected by a carrier pipe leading to a SUDS detention pond (approved under
permission 13/0713/AMCPPP). Water collected within the detention pond will
be discharged, at a controlled rate, to a watercourse located on the south side
of Irvine Road. The SUDS has been designed to cope with the 1:200 year flood
event. An amended site and road layout plan was submitted on 9th October
showing the position of one of the internal road layout altered to avoid surface
water collecting at a dip in the road. As stated in the Consultations section
above, the Council’s flooding officer has advised that the amended road layout
and design of the surface water drainage system are acceptable and will not
result in flooding.
ASSESSMENT AGAINST MATERIAL CONSIDERATIONS
41.
The principal material considerations relevant to the determination of the
planning application are the consultation responses received, representations, the
planning history and the impact on the amenity of the area
Consultation Responses
42.
The consultation responses received do not raise any objections to the
proposal. The matters raised by Ayrshire Roads Alliance and Environmental Health
can be dealt with by way of conditions.
Representations
43.
The letters of objection do not raise issues of sufficient weight to merit refusal
of the application.
Planning History of the Site
44. 09/0098/OL Outline planning permission was approved, on appeal, for residential
development of up to approximately 550 units, incorporating means of access,
community infrastructure, open space and structural landscaping, earthworks, SUDS
Infrastructure and associated works at Irvine Road. The current application site lies
within the area granted outline consent.
45. 13/0230/AMCPPP Approval of matters specified in conditions was granted on 21
June 2013 for approval details required by condition 3 (construction traffic
management plan), condition 7 (general arrangement of works required for Moorfield
roundabout), condition 24 (site investigation report) and condition 25 (earthworks) of
outline planning permission 09/0098/OL.
46. 13/0713/AMCPPP Approval of matters specified in condition was granted on 24
January 2014 for approval of details required by condition 4 (infrastructure delivery
plan), conditions 5 and 6 (infrastructure improvement works), condition 22 (phasing
plan) of outline planning permission 09/0098/OL.
47. The above consents between them have established the principle of residential
development on the current application site and the wider Fardalehill area and have
provided full planning permission for the access road to the site from Irvine Road
(including a new roundabout), earthworks to form level building platforms, formation
of two SUDS ponds and other strategic infrastructure for surface water drainage. In
addition to these “hard infrastructure” elements, the consents have also established a
master plan and design guide for the whole development, phasing programme for the
build out of Phase B (lying to the south of Bonnyton Road), phasing programme for
the delivery of various transport improvements required outwith the site, a programme
of site investigation and reclamation measures to treat soil contamination and
redundant coal mine entries and shallow workings
Approved Fardalehill Master Plan
48. A master plan and design guide has been approved for the Fardalehill
development under Condition 1 of outline planning permission 09/0098/OL. The
Master Plan provides strategic guidance on the development concept, urban structure,
land-use mix, residential mix and density, building heights, landscape framework,
transportation and movement, sustainable energy and phasing. More specific
guidance is provided for individual “Character Areas”. All phases of the development
are required to comply with the strategic guidance that applies to the whole
development as well as the more specific requirements within each of “Character
Area”.
49. The current application site lies within the Fardalehill South Character Area. The
specific requirements within this area include the formation of a planted area to
separate the new houses from the existing houses in Irvine Road, the provision of a
road link to the adjacent “Neighbourhood Centre Character Area” to the north and a
low to medium housing density. A large public open space and children’s play area
are required to be provided within the centre of the Character Area and an entrance
feature fronting onto the proposed roundabout on Irvine Road.
50. The proposed layout largely achieves the requirements of the master plan, albeit
that the application site only covers part of the Fardalehill South Character Area. The
layout provides for principle elevations fronting the distributor road and roundabout.
Whilst a stronger “entrance feature” (in the form of a block of flats fronting onto the
roundabout on Irvine Road) would have been preferred in the south west corner, the
applicant’s argument is accepted that there is currently no market for this type of
property and that the density would have been out of scale with the surrounding,
predominantly detached and semi-detached housing. A landscaped area
(incorporating a SUDS detention basin) will be provided fronting the roundabout. The
density of housing proposed accords with the master plan. A landscaping plan has
been submitted which includes tree planting and hedgerows throughout the
development, including fronting onto the distributor road.
Impact on the Amenity of the Area
51.
As indicated in the assessment of the proposal under policy RES 22 above, the
proposal will not adversely affect the amenity of the adjoining residential areas.
FINANCIAL AND LEGAL IMPLICATIONS
52.
There are no financial or legal implications for the Council relative to this
application.
CONCLUSIONS
53
The Town and Country Planning (Scotland) Act 1997 requires that applications
are determined in accordance with the Development Plan unless material
considerations indicate otherwise. As indicated in the assessment of the proposals
under the Development Plan, above, the application is consistent with the provisions
of the Development Plan.
54
As indicated in the assessment against material considerations, there are
material considerations relevant to this application, but in this instance, it is considered
that the material considerations are not of such weight to merit refusal of the proposal.
55
The current application is for the detail of part of planning delivery zone 1 in
Phase B and is required to discharge the requirements of condition 1 of outline
planning permission 09/0098/OL (layout, building design, landscape treatment and
infrastructure) for this part of the site. The principle of residential development has
been established through the allocation of the wider area, including the current
application site, for residential development in the Adopted Local Plan and the granting
of outline planning permission on appeal. Planning permission has subsequently been
approved for the main distributor road, the strategic elements of the land drainage
system, the levelling of the land to form building platforms, and for the broad layout of
the development, including strategic landscaping areas and public open space that
will serve the entire housing area. In addition, a land reclamation strategy and strategic
design guide and master plan have been approved for the whole site.
56 The details submitted pursuant to condition 1 have been assessed against the
relevant policies of the Local Plan and against the Strategic Design Guide and Master
Plan and have been found to be compliant.
RECOMMENDATION
57
It is recommended that the planning application ref. 14/0582/AMCPPP be
approved subject to the conditions on the attached sheet.
CONTRARY DECISION NOTE
58.
Should the Committee agree that the application be refused contrary to the
recommendation of the Acting Executive Director of Neighbourhood Services, the
application would not require to be referred to the Council as this would not constitute
a significant breach of policy.
David McDowall
Acting Head of Planning and Economic Development
Implementation Officer: Craig Iles, Acting Operations Manager
LIST OF BACKGROUND PAPERS
1.
2.
3.
4.
5.
Application Forms/Plans.
Statutory Letters/Certificates.
Consultation responses
Objection Letter(s)
Adopted East Ayrshire Local Plan.
Anyone wishing to inspect the above papers please contact Alan Edgar, Planning
Officer, on 01563 576753.
TP24
East Ayrshire Council
TOWN & COUNTRY PLANNING (SCOTLAND) ACT 1997
Application No:14/0582/AMCPPP
Location
Proposed Residential Development Irvine Road Kilmarnock
East Ayrshire
Nature of Proposal:
Construction of 96 houses with associated roads, sewers,
parking etc.
Name and Address of Applicant:
Bellway Homes Scotland Ltd
FAO Alan Gourley
Bothwell House
Caird Street
Hamilton
ML3 0QA
Name and Address of Agent
Officer’s Ref: Alan Edgar
01563 576753
The above Planning Permission should be approved with conditions.
1/ Prior to the construction of the first dwelling house, the applicant shall provide the
Planning Authority with written confirmation from Scottish Water that the sewerage
system is capable of accommodating the connection of this approved design.
REASON: in the interest of ensuring that the development can be adequately serviced
with foul drainage.
2/ Prior to the construction of the first dwelling house, the applicant shall provide the
Planning Authority with written confirmation from Scottish Water that the proposed
SUDS system is acceptable to them.
REASON: in the interest of ensuring that the development can be adequately serviced
with surface water drainage.
3/ Prior to the construction of any of the dwellings, an amended site layout plan shall
be submitted to and approved by the Planning Authority. The amended plan shall show
the garden boundaries amended such that the majority of plots meet the minimum
secluded garden space standard set out in Schedule 5 of the Adopted East Ayrshire
Local Plan.
REASON: in order to ensure that the dwellings are served by an appropriately sized
secluded garden and in accordance with the Approved Local Plan.
4/ Prior to the occupation of the dwellings on plots 34, 35, 36, 37, 39 and 40 a 1.8
metre high timber close boarded fence shall be erected along the boundary of the rear
gardens with the garden boundaries of the existing houses in Stirling Avenue and
Waverley Avenue. The details of the fencing shall conform to “Detail B- Screen
Fencing Elevation” on approved drawing number AA(9) 001 Revision C.
REASON: in order to protect the privacy within the existing dwellings bordering the
site.
5/ Prior to the construction of the first house, a written programme for the phased
implementation of the approved landscaping scheme shown on drawing number
52.121.01b shall be submitted to and approved by the Planning Authority. Such details
shall show the landscaping scheme implemented on a phased basis in accordance
with the progress of development of the site and in such a manner that newly planted
areas are not damaged or disturbed by development of subsequent phases within the
current application site and the entire landscaping scheme shall be implemented prior
to the occupation of the final house within the development hereby approved.
Furthermore, the landscaping to be provided within plots 40 to 48 shall be implemented
within each plot prior to the occupation of the dwelling on that plot.
REASON: in order to ensure that the landscaping of the site is implemented on a
progressive basis to ensure that the landscaping is carried out at an appropriate stage
in the development.
6/ All areas of landscaping shall be maintained for a period of five years following
implementation in accordance with the schedule of maintenance on approved drawing
52.121.01b
REASON: in the interest of amenity and for the avoidance of doubt.
7/ The landscaped areas contained within plots 40 to 48 shall be maintained in
perpetuity following implementation in accordance with the schedule of maintenance
on approved drawing 52.121.01b.
REASON: in order to ensure that a landscaped buffer is maintained in perpetuity
between the proposed residential development and the nearest properties in Irvine
Road, the interest of amenity.
8/ Construction works shall be restricted to 7am-7pm Monday to Friday; 8am-1pm on
a Saturday and not at all on a Sunday, unless otherwise agreed in writing with the
Planning Authority.
REASON: in the interest of surrounding amenity
9/ Noise from the works during construction should at no time cause the underlying
background noise level LA90(1hour) to rise by more than 3dB(A) at the nearest noisesensitive location.
REASON: in the interest of surrounding amenity
10/ Suitable dust suppression measures should be introduced where appropriate
during the construction phase.
REASON: in the interest of surrounding amenity
11/ Any floodlighting used on the site should be positioned in such a manner as will
prevent light spill into nearby residential properties.
REASON: in the interest of surrounding amenity
12/ All waste arising from the construction works shall be disposed of in accordance
with details to be agreed in writing with the Waste Management and otherwise than by
burning.
REASON: in the interest of surrounding amenity
13/ The properties when constructed should be able to deliver an internal noise level
at night in any bedroom of 30dB to preserve sleep.
REASON: in the interest of the amenity of future residents of the development.
REASON FOR THIS DECISION
The proposed development is consistent with the Development Plan and there are
no material considerations of sufficient weight that would indicate that the application
should be refused.