CLACKMANNANSHIRE COUNCIL

Report to Regulatory Committee of 29th May 2008

Subject: Outline Planning Application: Development Of Land For Housing, Cemetery, Playing Field And Ancillary Facilities With Associated Car Parking, Road Improvements And Landscaping, Land Adjoining Kellyburn, Lovers Loan, Dollar (Ref: 07/00460/OUT)

Applicant: AWG/Taylor Wimpey Development, Orchard Brae House, Edinburgh

Agent: Geddes Consulting, Edinburgh

Prepared by: Ian Duguid, Development Quality Team Leader

Ward: 5 - Clackmannanshire East

1.0SUMMARY

1.1.This application seeks approval in principle for a mixed use development of agricultural land on the edge of, but largely outwith Dollar. Access would be taken from Lovers Loan, by upgrading the existing private track and extending it into the site.

1.2.This report describes the assessment of the proposals, and subsequent amendments, summarises the comments received from different parties, highlights what are considered to be the main planning policies and other relevant planning issues and presents a recommendation on the Council’s decision.

1.3.Any decision to grant outline planning permission will require further communication with parties who have submitted representations on the application, and thereafter notification to Scottish Ministers. This will include an explanation of the reasons for that decision.

2.0RECOMMENDATION

2.1.It is recommended that the application is APPROVED subject to the conditions set out in Appendix 1, and subject also to a Section 75 Agreement, the Heads of Terms of which are listed in Appendix 2.

2.2.In accordance with the Town and Country Planning (Notification of Applications)(Scotland) Direction 2007, any Council decision to grant outline planning permission will require to be notified to Scottish Ministers as the Council has an interest in the development as the prospective developer, user or manager of the community facilities, and the application is deemed to be contrary to the development plan and has been the subject of a substantial body of objections. However, the Council must firstly inform objectors of its reasons for the decision (see Appendix 3) and decide following receipt of any further comments, whether it remains minded to grant permission.

3.0THE SITE AND THE PROPOSAL

3.1.The application site comprises an irregularly shaped portion of a larger parcel of agricultural land located on the south east side of Dollar. The western boundary is defined by the Kellyburn and the southern extremity of Lovers Loan; the southern edge is an existing field boundary and path, and the northern extremity reaches Muckhart Road by the inclusion of some existing woodland which is to be enhanced. The eastern boundary is undefined on the ground.

3.2.The location plan attached to this report shows the inclusion of the southern section of Lovers Loan within the application site boundary, as the upgrading of this road comprises part of a series of proposals that otherwise include a cemetery with car parking, a sports pitch with changing facilities and housing development at the southern end of the site as enabling development for the cemetery and playing pitch facilities. The requirement for a playing pitch derives from the development of the former playing pitch at Park Place and this is reflected in the current Local Plan. Similarly, an extension of cemetery facilities in Dollar had been allocated at this location in the previous Local Plan and the Council’s current Cemetery Strategy indicates firstly that the existing parish church graveyard is crowded and secondly the efforts made over a number of years to develop the site of the current application. This Strategy continues to be based on the premise that a new cemetery be developed at Lovers Loan, providing 1450 new lairs for burials over 270 years, albeit the site is allocated in the current Local Plan as part of the proposed new Playing Field.

3.3.The outline planning application submitted to the Council is accompanied by a number of indicative drawings, one of which comprises Appendix 4 to this report showing the broad distribution of proposed land uses, road improvements and landscaping. The proposals for road improvements include the upgrading of the southern (private) section of the road to a standard suitable for adoption and a scheme of traffic management proposals at Park Place and the adopted section of Lovers Loan. During the assessment of the application, revised traffic management proposals were submitted. Neighbours were re-notified accordingly.

3.4.In addition to the Development Plan history of the site referred to later in this report, the application site (or similar sites thereof) has been subject to earlier planning applications. These are:-

  1. Ref. No. C/92/328 – Planning Application for the Formation of a Cemetery Extension and replacement Playing Field with Upgrading of Associated Access, Kellyburn/Lovers Loan, Dollar – Approved with conditions 29th December, 1994.
  2. Ref. No. 99/00233/NID – Formation of Cemetery and Playing Field, Upgrading of Access Road and Provision of Associated Car Park, Land Adjoining Kellyburn, Lovers Loan, Dollar – Approved 29th October, 1999.
  3. It will be clear from these foregoing planning submissions and previous Development Plan allocations that the provision of new community facilities on this site has a long-established planning history. The current submission is essentially aproduct of that process, and while earlier proposals have not included housing as an enabling mechanism for the cemetery, playing pitch and new access road, this is now incorporated to overcome particular legal and financial constraints associated with such facilities on this site. Basically, notwithstanding planning approval for the proposed cemetery and playing field, the Council was unable to reach agreement with the landowner in order to secure the required land at an affordable price. Equally, agreement could not previously be reached on the extent of any enabling-development (residential) that might be required and, following legal advice, the Council chose not to pursue compulsory purchase action.
  4. The applicant has undertaken a financial appraisal of the development, and Development Services have sought advice from Property Serviceson this submission. This information has been relevant to the assessment of the nature and scale of land use distribution within the site.

4.0CONSULTATIONS

4.1.Environmental Health (Safety, Health and Environment) advise that any artificial lighting of the pitch would require assessment to minimise light nuisance. Investigations should be carried out to ensure there are no public health risks associated with the proximity of the cemetery to the Kellyburn. Construction work on the site should be restricted to the normal prescribed hours and any machinery should be operated to minimise nuisance from noise and dust. Comment: This advice will be reflected in the conditions that form part of the recommendation on this application. No lighting is proposed for the playing pitch.

4.2.Environmental Health (ContaminatedLand Officer) have no objections to the proposed development.

4.3.Land Services have no objections to the proposed development. However, they recommend appropriate measures to protect trees, and the need for a detailed tree survey as part of any proposals. Comment: This advice will be included as conditions of the recommendation as necessary.

4.4.Roads and Transportation noted that each element of the proposed development will generate increased pedestrian and vehicular traffic along Lover’s Loan. Notwithstanding the upgrading of Lovers Loan, sections of this road are constrained in a manner that may prevent upgrading to normal adoptable standards. Consequently, the agents were asked to consider what alternative access arrangements, if any, could be used to serve the development. The revised traffic management proposals received as a result now demonstrate that subject to some detailed alterations to the proposed traffic management scheme, access to the site with improved standards of safety can be obtained for the proposed development via Lover’s Loan/Park Place, albeit not necessarily in accordance with the normal adoptable standards for new developments of this nature. These detailed alterations may necessitate restricting access from adjacent properties to the northern section of Lover’s Loan. This would permit acceptable access arrangements for the development and improve traffic management in the general vicinity. The Roads Section has also examined the Flood Statement and Drainage Strategy submitted by the applicant. The conclusions relating to possible flood risk in the lower part of the site and the scope for amelioration are noted. The key to the site’s development potential is the need to accurately model the extent of the resultant functional flood plain. From the information provided, there is no reason to recommend against the grant of outline planning permission. Detailed proposals submitted as Reserved Matters must accord with SPP7 “Planning and Flooding”. Comment: Although this is an outline planning application, the submission includes a measure of detailed information on the proposed upgrading of the private section of Lover’s Loan, and also traffic management proposals on Lover’s Loan and Park Place. In response to the initial comments from the Roads Service, it is anticipated that the only realistic alternative access route, that being a new access road served off the A91 at the northern site boundary and continuing southward through the existing field, would lead to strategically unwelcome speculative development east of and outwith the application site (that is not required to help facilitate required community facilities).This would also be contrary to the Development Plan and which is largely opposed by local residents. Accordingly, we did not invite the applicant to submit proposals for this development option. The applicant was nevertheless invited to examine alternative arrangements as recommended by the Roads Service, and it is noted that the revised traffic management and access road upgrade proposals will improve local access arrangements and,in our judgement, ensure that safe vehicle and pedestrian access to the site can be achieved. It is also clear that this will improve standards of road safety for many existing users and, in the case of the six existing houses at the southern end of Lover’s Loan, will provide an adoptable public road and footpath to replace a 300 metre substandard access track.

4.5.Sports Development Officer advises that an audit of sports facilities identified that Clackmannanshire is under resourced for full sized football pitches. A facility strategy and pitch strategy will inform future investment, but nevertheless, a full sized pitch on this site with dedicated changing facilities and convenient access and parking would be an asset to the local community and a benefit to the development of football in the area. Changing accommodation should be provided as close to the playing pitch and car park as possible. Comment: Despite the absence of the pitch strategy, these comments clearly support the playing pitch and accommodation proposed as part of this application.

4.6.Education Services note the views and conclusions expressed by the Roads and Transportation Section, and offers no specific or additional comments in relation to the traffic management proposals as they relate to StrathdevonPrimary School.

4.7.Stirling Council Archaeologist confirms that there are no archaeological objections to the proposal but recommends that a condition be attached to the permission which would require a field evaluation and detailed mitigation strategy for the site. The findings note evidence of a prehistoric settlement in the immediate area in the form of a palisade enclosure a short distance to the north east of the site. Surviving prehistoric remains are very rare in Clackmannanshire, hence the recommendation for a field investigation. Comment: We agree that an investigation of this nature is appropriate. Furthermore, any detailed proposals will require to safeguard the ScheduledAncientMonument. Conditions are proposed accordingly.

4.8.Historic Scotland also note that the development lies in the immediate proximity of the KellyBridgepalisade enclosure, which is a ScheduledAncientMonument. Due to the close proximity of the development, there is a significantly increased risk of accidental damage during construction, and the scheduled area should therefore be marked and fenced off during the construction phase of the development with heavy machinery prohibited from the area. Tree planting within 5m of the scheduled is inappropriate. Comment: Once again, we acknowledge these observations and consider appropriate that any detailed proposals deal adequately with the recommendations. Conditions have been formulated accordingly.

4.9.Dollar Community Council advise that, ideally the cemetery and football pitch should be financed and managed by Clackmannanshire Council, without the inclusion of additional housing. Doubts were expressed that the amount of housing proposed could generate sufficient finance for such community developments. Concern was expressed regarding the proposed vehicle access arrangements. They considered that any access should comprise a full width road with a footpath and while Lovers Loan could be adapted, a separate location from the A91 east of Dollar with a roundabout junction would be a more practical solution. Finally, it is suspected that the breaching of the settlement boundary will only lead to further development east of Kellyburn in the future. A Section 75 Agreement could be used to prevent later phases of development on this land. Having regard to these views they recommended that the planning application be refused. Comment: For the reasons explained elsewhere in this report, no solution has been found whereby the Council can pursue the required community facilities in isolation and no justification has been accepted to effectively access and service a much larger potential residential development site to the east of Kellyburn.

4.10.Dollar Civic Trust object to the proposed development. While sympathetic with the need to provide a cemetery and football pitch in Dollar, the price to be paid should not include enabling housing development. The application site is in the countryside and identified only for community use and recreation in the adopted Local Plan. They consider that approval of the housing development would set a precedent for building in the countryside and the access and traffic management proposals are neither safe nor appropriate for the potential traffic generated by the development. Despite this, however, the Civic Trust also object to any alternative proposal for a new junction directly off the A91 east of Dollar if this emerged from the advice provided by the Roads and Transportation Service insofar as this would simply lead to an expansion of building in that direction. They argue that development of the application site would result in the town suffering a loss of amenity/countryside much used for informal recreation and biodiversity. While policy changes in the Third Alteration to the Structure Plan provide for enabling housing development in some circumstances, the current application should not rely upon a draft policy position. Consideration should be given to alternative sites for a football pitch and cemetery, including Market Place/New field which belongs to DollarAcademy, the site at The Ness and the site identified for business use at Devon Road. Finally, a number of other observations are made in relation to the absence of the Green Belt, compatibility of uses, the precise standard of the access road, the existing pattern of field boundaries, the presence of a ScheduledAncientMonument and the wet ground conditions associated with the high water table. The concluding comments from the Civic Trust confirm that it has no objections in principle to a cemetery and football pitch but otherwise objects to the residential proposal as contrary to the Structure Plan. Comment: Most of the foregoing issues are separately examined elsewhere in this report, principally in the planning assessment text but also in response to consultee comments.

4.11.SEPA note that the burial of corpses can cause pollution of groundwater. Any applicant should be expected to assess the hazard associated with this land use and the implications for groundwater quality, water supply and any nearby water course. As this assessment has not been carried out, SEPA objects to the grant of outline planning permission.It also recommends that an assessment of flood risk on the site be carried out, although it does not object for this reason. Comment: Insofar as a cemetery development has previously been granted planning permission, has previously been allocated in the Local Plan and is incorporated in the current Cemetery Strategy for Clackmannanshire, the current application again seeking the Council’s permission in principle for such a use, need not have relied upon this detailed assessment. Nevertheless, a preliminary geotechnical assessment of ground conditions was requested and this has been submitted. It indicates that leachate from the cemetery could enter groundwater and migrate towards the Kelly Burn.
Detailed mitigation measures would be required at the detailed design stage. SEPA have been re-consulted on this document and also a Flood Risk Statement. No additional comments have been received during that consultation period.

4.12.Scottish Waterwill require to assess the impact of the development on existing infrastructure. However, there is no indication that the site and the development cannot be fully serviced by water and drainage connections.