EAST AYRSHIRE COUNCIL

PLANNING COMMITTEE: 9 SEPTEMBER 2016

16/0200/PP: APPLICATION TO VARY CONDITION 2(J) OF CONSENT 03/0990/OL TO INCORPORATE PUBLIC PARK AT JOHN WALKER DRIVE, KILMARNOCK,

EAST AYRSHIRE BY TAYLOR WIMPEY WEST SCOTLAND

Report by Head of Planning and Economic Development

Economy and Skills

Click for Application Details: http://eplanning.east-

ayrshire.gov.uk/online/applicationDetails.do?activeTab=summary&keyVal=O41CHQGFGUL00

EXECUTIVE SUMMARY SHEET

PURPOSE OF REPORT 1. The purpose of this report is to present for determination a Local Development application

for planning permission which is to be considered by the Planning Committee under the Council’s Scheme of Delegation since more than ten objections have been received.

2. The application for this local development has been considered against the Development

Plan policies as detailed within this report and has been found to be consistent. As the recommendation is that the application be approved, the appropriate route for a decision on this application is therefore consideration and determination by the Planning Committee as detailed within the Scheme of Delegation. Whilst the site area would refer to the application comprising a Major Development in terms of The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009, in this instance the 12 week Pre Application Consultation process was not required as the applicant is seeking to amend the condition of an earlier planning consent.

RECOMMENDATION 3. It is recommended that the application be approved subject to the conditions on the

attached sheet at Appendix 1 of this report. CONTRARY DECISION NOTE 4. Should the Committee agree that the application be refused contrary to the

recommendation of the Head of Planning and Economic Development the application will not require to be referred to the Council because that would not represent a significant departure from the development plan.

Michael Keane 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: 9 SEPTEMBER 2016

16/0200/PP: APPLICATION TO VARY CONDITION 2(J) OF CONSENT 03/0990/OL TO INCORPORATE PUBLIC PARK AT JOHN WALKER DRIVE, KILMARNOCK,

EAST AYRSHIRE BY TAYLOR WIMPEY WEST SCOTLAND

Report by Head of Planning and Economic Development

Economy and Skills

PURPOSE OF REPORT

1. The purpose of this report is to present for determination a Local Development application

for planning permission which is to be considered by the Planning Committee under the Council’s Scheme of Delegation since more than ten objections have been received.

2. The application for this local development has been considered against the Development

Plan policies as detailed within this report and has been found to be consistent. As the recommendation is that the application be approved, the appropriate route for a decision on this application is therefore consideration and determination by the Planning Committee as detailed within the Scheme of Delegation. Whilst the site area would refer to the application comprising a Major Development in terms of The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009, in this instance the 12 week Pre Application Consultation process was not required as the applicant is seeking to amend the condition of an earlier planning consent. APPLICATION DETAILS

3. Site Description: The residential site at Altonhill was allocated for housing in the 2003 East Ayrshire Local Plan (Adopted) and a residential development was approved under planning application 03/0990/OL, the outline consent for the estate. The overall scheme lies to the north west of the Kilmarnock town centre.

4. The application site itself is a large elongated area of grassed land with an east-west

orientation. The site is located between residential properties located to the north, John Walker Drive to the east (which is the strategic network route through the Altonhill site), the Western Road Recycling Depot to the south, and open farm land with the rail line to Glasgow to the west.

5. Background information: Along with the residential housing units, roads, and other estate facilities approved under consent 03/0990/OL, other specific elements were also to be provided overall, in this case, the design and provision of pitches, pavilion, parking, via condition 2 (j). As the site progressed, however, the economic climate changed and, albeit the applicants were willing to provide the pitches, pavilion and parking, the Council acknowledged they were no longer in the position to adopt and maintain such facilities in perpetuity. Discussions also took place with the Residents Association, who intimated they did not wish the maintenance obligation of the pitches, pavilion and parking area.

6. Application ref. 14/0948/S75 for the Removal of Clauses 3.2 and 3.6 of the Legal Agreement for 03/0990/OL in respect of provision of football pitches and pavilion etc. (Clause 3.2 etc.) and linking footpath (Clause 3.6) at Altonhill was approved at Planning Committee of 27 February 2015. This application essentially modified the legal agreement in respect of the provision of football pitches, pavilion and parking to passive open space. It

was outlined within the Planning Committee report at the time, that a planning application would still be required to vary condition 2 (j) of 03/0990/OL however, notwithstanding due process still to be followed, the overall greenspace within the estate will not be altered as such by the proposal as the greenspace will still be provided to the same quantity and location, but the function will change from a sports facility to that of a more informal recreational and amenity open space for the whole community.

7. Proposed Development: This current application is therefore to vary condition 2(J) of

consent 03/0990/OL to incorporate a public park and has been submitted as a direct result of the previously approved application ref. 14/0948/S75 for the Removal of Clauses 3.2 and 3.6 of Legal Agreement for 03/0990/OL in respect of provision of football pitches and pavilion etc. (Clause 3.2 etc) and linking footpath (Clause 3.6) at Altonhill.

8. It is proposed to install an informal recreational and amenity open space on land previously identified for football pitches, pavilion and car parking. It is also proposed to re-locate an existing children’s play park located on the eastern side of John Walker Drive and incorporate it into the application site.

9. The application site generally has an east-west orientation. A children’s play area (re-located from the opposite side of John Walker Drive) and a small parking area is proposed within the eastern part of the application site. The central part of the application site will essentially incorporate an informal grassed kickabout area with self-binding gravel footpaths, tree planting and woodland planting along the southern boundary adjoining the Western Road Recycling Depot. The western part of the site will contain a Suds(Sustainable Urban Drainage) pond area with wildflower planting and perimeter woodland planting.

10. Before reporting this application to Committee, the applicant was requested to submit further detailed clarification on the proposed maintenance arrangements in order to establish the details of these arrangements to confirm how this matter would be addressed in the long term. The applicant has advised that they have reached an agreement with an Estates Management Company who will maintain the area of land which previously formed part of the football pitches/pavilion/car park site in perpetuity, and this land will not form part of the existing Scottish Woodlands maintenance agreement. The applicant has advised that Taylor Wimpey are committing to bearing all costs associated with the maintenance of the public park in perpetuity, and funding for the maintenance of the public park will come from the company’s budget for the site.

11. The applicant has advised in writing that the agreement will be based on a 30 year model, whereby a lump sum is paid and part of the money becomes ‘working capital’ with the remainder to be invested. The applicant outlines that the model demonstrates that the working capital is sufficient to allow maintenance to take place for a period of 30 years. The invested money allows further ‘working capital’ to be taken, which still leaves a sum to be invested. By the time the next 30 years have passed, the sum of money will have been there for 60 years which, when managed effectively, will have accrued further profit. A further tranche of 30 years maintenance then commences, and so on.

12. The applicant has advised that they would be willing to accept a condition which states that none of the maintenance to the public park shall fall to the existing residents on the Altonhill development. They have also advised that they would submit an open space plan which indicates which area fall within the residents’ responsibility for maintenance, and which areas (ie the public park) fall within Taylor Wimpey’s responsibility for maintenance. The plan will be submitted as purification of Condition 2(h) of the outline consent 07/0150/FL.

CONSULTATIONS AND ISSUES RAISED 13. Ayrshire Roads Alliance (ARA) have no objections to the proposal, however it is advised

that a Road Construction Consent application will be required for the new section of road within the application site. This matter can be dealt with by an advisory note should Members choose to grant consent.

14. East Ayrshire Woodlands no objections or comments

15. East Ayrshire Council Environmental Health Service (EHS) no objections or comments

16. Kilmarnock and District Access Panel did not object but has concerns in regard to the self-binding paths within the open space area and whether wheels will be able to negotiate the area. It was also suggested that there be no overhanging branches from trees encroaching footpaths. The applicant has advised that in regard to the self-binding path, whin dust footpaths have been accepted in many local authorities as being suitable for pushchairs, wheelchairs etc,. The applicant has indicated that they also have the option of using screened road planings as the finished surface for the paths. Screened road planings have also been accepted as a suitable self-binding surface which can demonstrate access for all.

17. East Ayrshire Council Cleansing Section has not responded to their consultation request

18. East Ayrshire Leisure Trust has not responded to their consultation request at the time of writing this report.

REPRESENTATIONS

19. Following neighbour notification and public advertisement, 6 individual representations (4 objecting and 2 supporting) and a petition with 21 signatures have been submitted. The issues raised and comments provided are detailed below:-

20. The playing fields specified in application ref. 03/0990/FL form an integral part of the title deeds of all the properties on the Altonhill Development. Taylor Wimpey is attempting to change the title deeds of all the residents without their consultation/approval. The applicant has advised that they have reached an agreement with an Estates Management Company whereby they will maintain the area of land which previously formed part of the football pitches/pavilion/car park site in perpetuity, and will not form part of the existing Scottish Woodlands maintenance agreement. The applicant has advised that this effectively means that there will be no change to the title deeds as there will still be a community facility, situated on the same piece of land as the pitches, and at no extra cost to the residents. The applicant has advised that they will be writing to the residents to communicate the proposal in full separately to the planning process. Members are also advised that matters regarding amending or altering title deeds are a private legal matter and not a material planning consideration.

21. The original site was supposed to be laid out as football pitches with changing rooms and after completion was to be adopted by East Ayrshire Council. The ongoing cost of maintenance was therefore to be the responsibility of East Ayrshire. This application makes no reference to the ongoing maintenance costs. Taylor Wimpey in reply to a recent query from one of the Altonhill residents said that a lump sum of money would be put on one side by the developer to cover the ongoing maintenance costs of the site and therefore it would not be a further burden on the residents. It should be noted that a similar situation occurred on the Southcraigs development and the sum of money put on one side by that developer has been exhausted far sooner than expected. The applicant has advised that they have reached an agreement with an Estates Management Company whereby they will maintain the area of land which previously formed part of the football pitches/pavilion/car park site in perpetuity, and will not form part of the existing Scottish Woodlands maintenance agreement. The applicant has advised that this effectively means that there will be no change to the title deeds as there will still be a community facility, situated on the same piece of land as the pitches, and at no extra cost to the residents. The applicant has advised that they will be writing to the residents to communicate the proposal in full. The applicant has advised in writing that the agreement will be based on a 30 year model, whereby a lump sum is paid and part of the money becomes ‘working capital’ with the remainder to be invested. The applicant outlines that the model demonstrates that the working capital is sufficient to allow maintenance to take place for a period of 30 years. The invested money allows further ‘working capital’ to be taken, which still leaves a sum to be invested. By the time the next 30 years have passed, the sum of money will have been there for 60 years which, when managed effectively, will have accrued further profit. A further tranche of 30 years maintenance then commences, and so on. The applicants as detailed at paragraph 12 have intimidated about suggested planning conditions. Members are advised that should they wish to grant consent, any conditions should comply with Scottish Government advice in Circular 4/1998. The tests that conditions must meet would not encourage such wording but if Members do wish to approve the application, then conditions should be worded in an alternative manner which would meet Scottish Government advice in this circular. The recommended conditions state that the applicants would be required to submit details of the maintenance plan agreement for the council’s approval and also a plan illustrating the open space areas that would be for residents to maintain with an advisory note confirming that the details to be submitted shall not impose any maintenance burden on residents.

22. The site where the existing playground is situated at the northern end of John Walker Drive suffers from a lack of drainage. The playground area itself had areas of stagnant water which the residents association finally got the developer to address but not the rest of the site which means that its use is severely restricted. There is no provision in the 16/0200/PP application for drainage for that site. Currently when it rains, a large lake forms which is fine if water polo was to be played on the site but the original function of the area was to provide football pitches. Lack of drainage would seriously hinder the use of the site, particularly in winter months.

The playground situated at the northern end of John Walker Drive is located outwith the red line application site and does not form part of this application. It is noted that the applicant has advised that they have engaged as much as possible with the Residents Association in order to resolve the drainage issues within the Northern Play Park and it was their understanding that this matter had been resolved. The

applicant has indicated that they will be happy to discuss with the management company, Scottish Woodlands to re-visit the area to establish which areas are not draining properly, as a matter separate to this application. In regard to the current application proposal, the applicant has advised that they will be asking their ground works contractor to ensure the sub soil/top soil is of a certain quality, free-draining and not compacted. The landscape contractor shall also report on any ‘problem areas’ in regard to drainage as the landscaping is being installed. The applicant has confirmed that they would not be able to hand the land over to the Estates Management Company until they are satisfied there will be no drainage issues, and it is therefore in Taylor Wimpey’s interest to ensure this is the case. In relation to the land within this application site, this matter can be dealt with by a condition should Members choose to grant consent.

23. Taylor Wimpey were supposed to consult with the Residents Association regarding the detailed design of the site. They did not and therefore did not take into consideration ideas which residents had concerning the type of equipment to be installed. There is already one playground on the development which caters to the younger children and the Residents Association felt that the southern playground should cater for a wider age range and have more physically demanding equipment such as can be found at Kay Park. The applicant has advised that preliminary sketches of the public park proposal were previously issued to the Residents Association. The applicant states that the Residents Association requested a small car park, rustic footpath, benches and bins – which have been accommodated within the design. The applicant then made a planning application for the proposal and any further consultation has been through the local authority and any further design changes would be initiated through the planning process. A condition can be imposed on the development proposal seeking final details of the play equipment should Members be minded to grant permission which would afford a further opportunity for the applicants and Residents Association to discuss this matter prior to a final design being submitted for the approval of the Planning Authority.

24. This is a much needed space for the residents; however a better visual and aural barrier is needed between the proposed park and the recycling centre. All too often the amount of rubbish blowing over from the recycling centre to John Walker Drive is an eyesore and never cleaned up.

The plans submitted with the application detail a ‘Woodland Mix’ buffer along the boundary with the recycling centre to provide a screening and aural barrier. The mix of plantings within the ‘Woodland Mix’ area include the Common Alder which grows to a height of up to 25 metres, Silver Birch which grows to over 12 metres in height, Common White Birch which grows to over 12 metres in height, Common Beech which grows to over 12 metres in height, Crab Apple which grows to between 8 to 12 metres in height, Scots Pine which grows up to 25 metres in height, Wild Cherry which grows to over 12 metres in height, Common Oak which grows to over 12 metres in height, and Mountain Ash which grows to over 12 metres in height. The submitted Landscape Plan shows a total of 2640 trees to be planted within the identified ‘Woodland Mix’ area.

In addition the plans also show areas of ‘Woodland Edge Mix’ which include Common Hazel, Common Hawthorn, Scotch Broom and Blackthorn which grown between 1 to 8 metres. This will provide additional screening and an aural barrier between the recycling centre and the public park, as well as residential properties located approximately 80 metres to the north of the recycling centre. The submitted Landscape Plan shows a total of 927 plants to be planted within the identified ‘Woodland Edge Mix’ area. In addition the submitted Landscape Plan shows a total of 71 extra heavy standard trees, 102 feathered trees, and 288 shrub planting to be planted across the application site, as well as amenity grass, wildflowers, bulb planting and water plants. It is the responsibility of the operator of the recycling centre to ensure that the site is cleaned and maintained.

25. The application proposes a small number of trees along the perimeter of the recycling centre, however this alone is insufficient as it will not provide a complete barrier. A solid wall or fence would reduce the visual and noise impact from the recycling centre.

As discussed above, significant planting is proposed along the southern boundary of the application site to provide screening and a natural aural barrier. It is also noted that the recycling depot sits significantly lower in the landscape when compared to the existing residential properties located to the north of the application site. It is therefore considered that that the proposed landscaping and existing boundary treatments will provided an adequate screen barrier, thereby reducing the visual and noise impact of the recycling centre.

26. Concerns that without a suitable barrier children playing in the proposed park area may attempt to enter the recycling centre. A suitable barrier along the lines of a solid wooden fence at least 2.4 metres in height should be included in the application. The existing fencing along the boundary adjacent to the recycling depot is deemed satisfactory to prevent children from entering the premises. The plans submitted by the applicant indicated that the existing fencing on the boundary of the recycling centre includes a 2.4 metre high chainlink fence, a 1.8 metre high palisade fence and a 1.8 metre high chainlink fence.

27. There needs to be provision for decent drainage, otherwise what’s the point in a park that’s continually waterlogged. The area is waterlogged for a significant part of the year and will require suitable drainage to be included to make the area usable.

As discussed above, the applicant has indicated that they will ask the management company Scottish Woodlands to re-visit the area to establish which areas are not draining properly. In regard to the current application site, the applicant has advised that they will be asking their ground works contractor to ensure the sub soil / top soil is of a certain quality, free-draining and not compacted. The landscape contractor will also be asked to report on any ‘problem areas’ as the landscaping is being installed. The applicant has confirmed that they would not be able to hand the land over to the Estates Management Company until they are satisfied there will be no drainage issues, and it is in Taylor Wimpey’s interest to ensure this is the case.

28. All for a new park, but we really need a shop as well.

It is noted that planning application 13/0543/PP for the erection of a retail (neighbourhood centre) development (incorporating Class 1, 2, 3 and hot food uses), and associated access, parking and landscaping at Western Road/John Walker Drive was granted planning permission in July 2015. To date the applicant has not intimated any start date for the neighbourhood centre. It is noted that this neighbourhood centre was consented to replace a small local shop that was previously proposed in order to provide improved facilities and will incorporate Class 1 (retail), Class 2 (financial professional services etc), Class 3 (food and drink) and hot food uses, with associated access, parking and landscaping. The implementation of this consent is in the control of the applicant.

29. The plans annotate a 4m high Heras Pallas Sports Fence along Balvenie Drive. This must

be an error. The Planting Schedule should be made available as the drawings refer to it. Is the 2.5m high chain link fence indicated on the drawing new or existing?

The reference to ‘4m high Heras Sports Fence’ along Balvenie Drive was inadvertently notated on the initial plan submitted with the application. It was initially proposed to install 4m high Heras Pallas Sports Fencing around the football pitches and the substituted plan used for this application failed to remove this notation. The applicant was made aware of this and subsequently amended the plan to remove this reference. The Boundary Treatment Plan submitted with the application demonstrates that the 2.5 metre high chainlink fence is an existing feature on site. The Landscape Plans submitted with the application detail the groupings of planting and the species of plants/trees to be provided. The plans also detail specification notes. Details regarding Planting Schedule can be conditioned should Members be minded to grant permission.

30. A new road could be in place from John Walker Drive and this leaves it open for people using the site during the night and worry for safety of residents.

The Ayrshire Roads Alliance has not objected to the proposal. The proposal is not deemed to have a detrimental impact on the safety of residents.

ASSESSMENT AGAINST DEVELOPMENT PLAN

31. Sections 25 and 37(2) of the Town and Country Planning (Scotland) Act 1997 require that planning applications be determined in accordance with the development plan unless material considerations indicate otherwise. For the purposes of this application the development plan comprises the Adopted East Ayrshire Local Plan (2010).

Adopted East Ayrshire Local Plan 2010

32. Policy RES 22 states The Council will, at all times, seek to protect, preserve and enhance

the residential character and amenity of existing residential areas. In this regard, there will be a general presumption against:

(i) the establishment of non-residential uses within, or in close proximity to, residential areas and which have potentially detrimental effects on local amenity or which cause unacceptable disturbance to local residents;

The proposed public park will not have a detrimental impact on local amenity and will not cause an unacceptable disturbance to local residents. The application site has

always been intended to accommodate a form of open space, and this application proposes to install an informal recreational and amenity open space on land previously identified for football pitches, pavilion and car parking. A children’s play area (re-located from the opposite side of John Walker Drive) and a small parking area is proposed within the eastern part of the application site, away from existing residential dwellings located to the north. The central part of the application site will essentially incorporate an informal grassed kickabout area with self-binding gravel footpaths, tree planting and woodland planting along the southern boundary adjoining the Western Road Recycling Depot. The western part of the site will contain a Suds (Sustainable Urban Drainage) pond area with wildflower planting and perimeter woodland planting. Existing residential dwellings are located to the north of the application site and in terms of privacy the proposal will not give rise to intrusive overlooking. Substantial plantings and landscaping across the application site will improve the visual amenity of the locale, whilst also providing a natural screening.

(ii) the development of locally important areas of recreational or amenity open space which contribute significantly to the character and appearance of the residential area concerned; The proposal will not have any overall effect on the provision of greenspace throughout this area of the estate, or over Altonhill, as a whole. The overall greenspace will not be altered as such by the proposal as the greenspace provided is to be the same quantity and location, but the function will change from a sports facility to that of a more informal recreational and amenity open space for the whole community. (iii) the removal of play equipment from areas of recreational open space; The proposal involves the re-location of an existing small play area from the eastern side of John Walker Drive into the proposed area of open space as part of this planning application. (iv) the closure or disruption of existing footpaths which provide important links between housing areas and areas of public open space, local shops and other community facilities, transportation nodes etc.; Not applicable. (v) any development which, by reason of its size, scale, design or material finish, is out of keeping with and detrimental to the character and appearance of the residential area concerned; The proposal will benefit the locale and will improve the character and appearance of the estate. The proposed public park will not have a detrimental impact on local amenity and will not cause an unacceptable disturbance to local residents. The application site has always been intended to accommodate a form of open space, and this application proposes to install an informal recreational and amenity open space on land previously identified for football pitches, pavilion and car parking. A children’s play area (re-located from the opposite side of John Walker Drive) and a small parking area is proposed within the eastern part of the application site, away from existing residential dwellings located to the north. The central part of the application site will essentially incorporate an informal grassed kickabout area with self-binding gravel footpaths, tree planting and woodland planting along the

southern boundary adjoining the Western Road Recycling Depot. The western part of the site will contain a Suds (Sustainable Urban Drainage) pond area with wildflower planting and perimeter woodland planting. Substantial plantings and landscaping across the application site will improve the visual amenity of the locale, whilst also providing a natural screening. (vi) any development which, by reason of its size, scale, location or material finish would be unacceptably visually intrusive or which would adversely impact on the amenity or privacy of neighbouring properties. The proposal will not have a detrimental impact on the amenity or privacy of adjoining or nearby neighbouring residential properties.

33. Policy RES23 states that the Council will require all housing developers to provide areas of

recreational and amenity open space as an integral part of their development proposals and to ensure that the location of all such areas is addressed as a primary consideration in the preparation of any housing layout design. All open space, and particularly those areas of open space containing play equipment, should be located in accessible positions which are centrally located within the housing layout and open to public view. The provision of public open space in peripheral, backland locations will not be considered acceptable.

Developers are also required to ensure that the design of all open space is to the highest possible standards and to make provision for the future maintenance of these areas, once formed, to the satisfaction of the Council. In preparing their proposals, developers should have regard to the interim guidelines in Schedule 4. The precise type, size, location and design of the open space will, however, be dependent on the extent of existing open space provision in the vicinity and the recreational and amenity needs of the wider area. Prospective developers are advised to consult fully with the Council’s Head of Leisure Services in this regard, prior to formulating their development proposals. As noted above, the same amount of greenspace would be provided. The football function would be removed and replaced with a more general greenspace function – for example, walking, informal kickabout, rather than a formal sports field.

34. Policy RES24 states that in formulating their development proposals, developers should ensure that:

(i) areas of open space are of a size and configuration that is easily maintainable. Larger areas of well located, consolidated open space should be provided in preference to a series of smaller, individual areas scattered throughout the proposed development site; The overall size of greenspace will not be altered as a result of the variation to incorporate a public park. The application site has always been intended to accommodate a form of open space, and this application proposes to install an informal recreational and amenity open space on land previously identified for football pitches, pavilion and car parking. (ii) proposed areas of open space link, wherever possible, with other areas of adjacent existing open space; The re-location of the existing play area on the eastern side of John Walker Drive into the proposed public park will improve open space linkages and uses and will also in effect reduce the need to children to keep crossing John Walker Drive to interchange between the play area and public park thus clearly improving road and pedestrian safety in the locale.

(iii) the proposed areas of open space are safe and secure, overlooked if possible by adjacent properties; The public park will be overlooked by those residential properties located to the north of the site on Balvenie Drive and Edradour Road. (iv) play areas, kick about areas and games pitches are provided as required by the Council’s Head of Leisure Services; Under application ref. 14/0948/S75 the East Ayrshire Leisure Trust commented that the requirement for pitches has, in more recent years, been lessened as the Council has moved from adopting and maintaining such areas – in this case, whilst the Leisure Trust were amenable to the provision of the pitches if provided, it was noted the maintenance would require to be taken over by the Altonhill residents, via a factor, once built. The applicant and the Council were approached by the Residents Association on the matter as residents already pay a range of factoring costs on the estate, and any pitches/pavilion/associated parking would add to this – and the Residents Association have therefore been in discussions with the applicant to look at alternative plans for the greenspace This current application the proposal is for an informal public park with a play area, kickabout areas and area of landscaping and woodland. The applicant has advised that they have reached an agreement with an Estates Management Company whereby they will maintain the area of land which previously formed part of the football pitches/pavilion/car park site in perpetuity, and will not form part of the existing Scottish Woodlands maintenance agreement. The applicant has advised that this effectively means that there will be no change to the title deeds as there will still be a community facility, situated on the same piece of land as the pitches, and at no extra cost to the residents. The applicant has advised that they will be writing to the residents to communicate the proposal in full. The applicant has advised by email that the agreement will be based on a 30 year model, whereby a lump sum is paid and part of the money becomes ‘working capital’ with the remainder to be invested. The applicant outlines that the model demonstrates that the working capital is sufficient to allow maintenance to take place for a period of 30 years. The invested money allows further ‘working capital’ to be taken, which still leaves a sum to be invested. By the time the next 30 years have passed, the sum of money will have been there for 60 years which, when managed effectively, will have accrued further profit. A further tranche of 30 years maintenance then commences, and so on. The applicant has advised that they would be willing to accept a condition which states that none of the maintenance to the public park shall fall to the existing residents on the Altonhill development. They have also advised that they would submit an open space plan which indicates which area fall within the residents’ responsibility for maintenance, and which areas (ie the public park) fall within Taylor Wimpey’s responsibility for maintenance. The plan will be submitted as purification of Condition 2(h) of the outline consent 07/0150/FL. (v) play equipment and facilities for the disabled and those with special needs are provided as considered appropriate; It is recommended that a condition be imposed on the development proposal seeking details of the play equipment should Members be minded to grant permission in

order to ensure that the proposed play area equipment includes a quality range of equipment which is also inclusive. (vi) areas of open space are attractively planted and, where appropriate, use plant species to encourage wildlife; and It is proposed to plant significant areas of the public park with woodland mix, shrub planting, grassed areas and wildflower areas. Such landscaping will seek to improve visual amenity and will also encourage wildlife into the locale. (vii) all open spaces are provided, as appropriate, with footpaths for both access and leisure walking, linking with adjacent open spaces wherever possible. The proposed public park will be provided with access paths. The applicant has advised that in regard to the self-binding path, whin dust footpaths have been accepted in many local authorities as being suitable for pushchairs, wheelchairs etc,. The applicant has indicated that they also have the option of using screened road planings as the finished surface for the paths. Screened road planings have also been accepted as a suitable self-binding surface which can demonstrate access for all. ASSESSMENT AGAINST MATERIAL CONSIDERATIONS

35. The principal material considerations relevant to the determination of the application are the Proposed Local Development Plan, consultation responses, the letters of representation, the applicant’s supporting documents, and the planning history of the site with particular reference to application 14/0948/S75 for the Removal of Clauses 3.2 and 3.6 of Legal Agreement for 03/0990/OL in respect of provision of football pitches and pavilion etc. (Clause 3.2 etc) and linking footpath (Clause 3.6) at Altonhill, which was approved on 10/03/2015.

Proposed Local Development Plan

36. For clarity, whilst development proposals will continue to be assessed against the Adopted

Local Plan, the Council at its meeting on 23 September 2015 has now given authority for an appropriate and proportionate degree of weight to be given to the East Ayrshire Local Development Plan 2015 in the determination of planning applications. As a consequence, from 27 October 2015 the Adopted East Ayrshire Local Plan (2010) will be 5 years old and less weight can be given to this plan and Scottish Planning Policy’s presumption in favour of sustainable development becomes a material consideration in the assessment of development proposals. Accordingly, more weight shall be given to the proposed East Ayrshire Local Development Plan (LDP).

Overarching Policy OP1 states that all development proposals will require to: (i) Comply with the provisions and principles of the LDP vision and spatial strategy, all relevant LDP policies and associated supplementary guidance and non-statutory guidance; (ii) Be fully compatible with surrounding established uses and have a positive impact on the environmental quality of the area; (iii) Ensure that the size, scale, layout, and design enhances the character and amenity of the area and creates a clear sense of place;

(iv) Where possible, reuse vacant previously developed land in preference to greenfield land; (v) Be of the highest quality design by meeting with the provisions of SPP, the Scottish Government’s policy statement Designing Streets, the Council’s Design Guidance and any master plan/design brief prepared for the site; (vi) Prepare Master Plans/Design Statements in line with Planning Advice Notes 83 and 6respectively, where requested by the Council and/or where this is set out as a requirement in volume 2 of the LDP; (vii) Be compatible with, and where possible implement, projects shown on the LDP placemaking maps; (viii) Ensure that there is no unacceptable loss of safeguarded areas of open space/green infrastructure and prime quality agricultural land; (ix) Protect and enhance natural and built heritage designations and link to and integrate with green infrastructure where possible; (x) Ensure that there are no detrimental impacts on the landscape character or tourism offer of the area; (xi) Meet with the requirements of all relevant service providers and the Ayrshire Roads Alliance; and (xii) Be accessible to all. The proposal meets with the above criteria subject to the imposition of appropriate planning conditions.

37. Policy RES 11 states that the Council will, at all times, seek to protect, preserve and

enhance the residential character and amenity of existing residential areas. In this regard, there will be a general presumption against:

(i) the establishment of non-residential uses within, or in close proximity to, residential areas which potentially have detrimental effects on local amenity or which cause unacceptable disturbance to local residents;

(ii) the development for other uses of locally important areas of recreational or amenity open space which contribute significantly to the character and appearance of the residential area concerned;

(iii) the removal of play equipment from areas of recreational open space;

(iv) the closure or disruption of existing footpaths which provide important links between housing areas and areas of public open space, local shops and other community facilities, transportation nodes etc.;

With regard to the establishment of new residential areas, new housing developments will not be permitted in locations where existing, established adjacent uses are likely to have an unacceptable impact on the amenity of future residents.

In terms of the amenity, it is noted that there are established residential uses located primarily to the north of the application site. It is considered that the proposed development can proceed without significant impact on residential amenity. The

proposal will not have a significant detrimental impact on the character and appearance of the locale. The proposal complies with Policy RES 11.

It is noted that an objection was received in regard to Policy RES 11 as part of the notification of the draft Local Development Plan. The objection essentially relates to wording of the policy and has no bearing on the assessment of this current application.

38. Policy INF4 states that the Council will require development to take a design led approach

to delivering green infrastructure. Opportunities for green infrastructure delivery should be incorporated as an integral part of the design of developments to enhance and link existing open spaces/green infrastructure and create new green infrastructure assets as appropriate. The Council will require new development to meet with the public and private open space standards set out in Schedule 8 and the provisions of the Council’s Design Guidance. The provision of open space/green infrastructure should be a core component of any Master Plan.

The proposal will not have any overall effect on the provision of greenspace throughout this area of the estate, or over Altonhill, as a whole. The overall greenspace will not be altered as such by the proposal as the greenspace provided is to be the same quantity and location, but the function will change from a sports facility to that of a more informal recreational and amenity open space for the whole community.

It is noted that representations have been made on the wording of Policy INF4 but the Council does not consider that, if accepted by the Scottish Government Department of Planning and Environmental Appeals (DPEA) Reporter, these change the overall approach.

Consultation Responses

39. The consultation responses have not raised issues for concern which would substantiate

the refusal of the application. The matters raised can be dealt with by way of conditions imposed on any planning permission.

Representations

40. The points of objection which have been received that are material to the consideration of this application have been fully considered above. Whilst these points are noted, it is not considered that they carry sufficient weight to merit refusal of the application, as these points raised can be covered by planning conditions or have been addressed within this report.

Effect on Amenity

41. The proposal is not considered to raise any significant issues in terms of amenity. The proposal will enhance the visual amenity of the locale and will provide a much needed recreational resource for the local community. The proposal will benefit the locale and will improve the character and appearance of the estate. The proposed public park will not have a detrimental impact on local amenity and will not cause an unacceptable disturbance to local residents. The application site has always been intended to accommodate a form of open space, and this application proposes to install an informal recreational and amenity open space on land previously identified for football pitches, pavilion and car parking. A children’s play area (re-located from the opposite side of John Walker Drive) and a small parking area is proposed within the eastern part of the application site, away from existing

residential dwellings located to the north. The central part of the application site will essentially incorporate an informal grassed kickabout area with self-binding gravel footpaths, tree planting and woodland planting along the southern boundary adjoining the Western Road Recycling Depot. The western part of the site will contain a Suds (Sustainable Urban Drainage) pond area with wildflower planting and perimeter woodland planting. Substantial plantings and landscaping across the application site will improve the visual amenity of the locale, whilst also providing a natural screening.

Planning History:

42. 03/0990/OL - Proposed Outline Plan App For A Residential And Commercial Development 2 No Football Pitches With Changing Facilities A Location For A Shop Associated Strategic Open Space And Play Areas 2 No Site Access Roundabouts Suds Ponds And Distributor Road - Approved with Conditions - 30/08/2004

07/0150/FL - Planning Application To Vary Conditions 1, 2, 3 And 8 of Planning Permission 03/0990/OL - Approved with Conditions- 29/02/2008.

05/0237/RM - 54 No. Dwellinghouses etc - Approved with Conditions - 15/04/2005. 05/0252/RM – 93 No. Houses etc - Approved with Conditions - 15/04/2005 05/0266/RM - 44 No. Dwellinghouses, etc; Approved with Conditions - 15/04/2005. 06/0863/RM - 62 No. Dwellings etc; Approved with Conditions -13/12/2006. 07/0624/RM - 92 No. Dwellings etc; Approved with Conditions - 21/12/2007. 08/0062/RM - 64 No. Dwellings etc - Approved with Conditions - 09/04/2009. 10/0508/AMCPPP - 49 No. Residential units etc - Approved with Conditions - 10/11/2010. 11/0016/AMCPP - Retail Unit etc - Approved with Conditions - 19/07/2011. 11/0018/AMCPP - Football changing pavilion, 2no full sized serviced football pitches, etc; Approved with Conditions - 04/03/2011. 11/0265/AMCPP - Discharge of condition 2 of consent 07/0150/FL with respect to timescales for the further approval - Approved with Conditions - 20/05/2011. 11/0902/AMCPPP - 68 No. Residential Units etc; Approved with Conditions - 19/03/2012. 12/0800/AMCPP - Discharge of Condition 2 of Planning Consent 07/0150/FL (with respect to timescale for further approval extending the time period to 28 February 2015); Approved with Conditions - 21/12/2012. 14/0778/AMCPP - 49 No. dwellings- Approved with Conditions – 06/07/2015 14/0779/AMCPP - 49 No. dwellings - Approved with Conditions – 06/07/2015 14/0948/S75 - Removal of Clauses 3.2 and 3.6 of Legal Agreement for 03/0990/OL in respect of provision of football pitches and pavilion etc. (Clause 3.2 etc) and linking footpath (Clause 3.6) at Altonhill – Approved – 10/03/2015.

15/0602/AMCPP - Discharge of condition 1 of planning consent 14/0778/AMCPPP – Approved – 19/08/2015

Particular reference is made in regard to application ref. 14/0948/S75, which essentially modified the legal agreement in respect of the provision of football pitches, pavilion and parking to passive open space. It was advised in the Planning Committee report at the time, that a planning application would still be required to vary condition 2(j) of 03/0990/OL, however notwithstanding due process still to be followed, the overall greenspace within the estate will not be altered as such by the proposal as the greenspace will still be provided to the same quantity and location, but the function will change from a sports facility to that of a more informal recreational and amenity open space for the whole community. FINANCIAL AND LEGAL IMPLICATIONS

43. There are potential legal implications for the Council in coming to a view on this application as, should the Planning Committee be minded to refuse the proposed development, this could lead to an appeal by the applicant. Furthermore, if the Council is considered to have acted unreasonably in refusing the proposed development, a claim for an award of expenses could be made by the applicant.

44. As stated above, should the Planning Committee refuse permission then it could result in an

appeal by the applicant to the Scottish Government Department for Planning and Environmental Appeals (DPEA). The Council would require to participate in whatever procedure is considered appropriate by the DPEA in order to put forward its case. This could be via further written representation, hearing or inquiry sessions or a combination of these methods. This therefore may also lead to further costs being incurred to the extent it may be necessary to either engage expert external advice, support or representation and/or to engage professional expert witnesses to give evidence on the Council’s behalf as necessary.

45. If the Planning Committee is minded to approve planning consent for this development there

are matters which require to be addressed through conditions (as referred to throughout the report).

46. Should the Planning Committee decide to grant consent, there is no requirement to refer

this application to the Scottish Government under Circular 3:2009 - ‘Notification of Planning Applications’.

COMMUNITY PLAN 47. The proposed development will enhance the visual amenity of the locale and will provide a

much needed recreational resource for the local community. As such, the proposal supports the Wellbeing Delivery Plan of the East Ayrshire Community Plan which seeks to improve community wellbeing by encouraging an active healthy lifestyle for East Ayrshire residents. The proposal will provide an important recreational resource in the locale, which will be of benefit to the local residents of Altonhill and also the wider community.

CONCLUSIONS 48. Sections 25 and 37(2) of the Town and Country Planning (Scotland Act 1997 as amended,

state that applications shall be determined in accordance with the Development Plan unless material considerations indicate otherwise. In this case the application is in compliance with the relevant local plan policies as outlined within this report.

49. As indicated when assessing the application against the relevant material considerations there are material considerations which are relevant to the application, and in particular the objections received and the Proposed Local Development Plan. Whilst the points raised in the letters of objection are noted, they do not warrant refusal of planning permission. The material considerations therefore are generally supportive of the proposed development or are not of sufficient weight such as to indicate that the proposal is unacceptable.

50. The proposal has been carefully assessed both in terms of the relevant policies of the

Adopted Local Plan 2010 and the emerging policies of the new LDP and is considered to be compliant with these requirements. The proposed form and layout public park is considered to be appropriate in the context of the locale and will lead to a pleasant environment in this setting.

RECOMMENDATION 51. It is recommended that the application be approved subject to the conditions on the

attached sheet at Appendix 1 of this report.

CONTRARY DECISION NOTE 52. Should the Committee agree that the application be refused contrary to the

recommendation of the Head of Planning and Economic Development the application will not require to be referred to the Council because that would not represent a significant departure from the development plan.

Michael Keane Head of Planning and Economic Development, Economy and Skills 31 August 2016 FV/MK LIST OF BACKGROUND PAPERS 1. Application Form and Plans. 2. Consultation responses. 3. Letters of representation. 4. Adopted East Ayrshire Local Plan. 5. Proposed East Ayrshire Local Development Plan. 6. Historic planning applications. Anyone wishing to inspect the above background papers should contact Craig Thomas, Planning Officer on 01563 576772. Implementation Officer: David McDowall, Operations Manager: Building Standards and Development Management

Location Proposed Residential Development John Walker Drive Kilmarnock East Ayrshire

Nature of Proposal: Application to vary condition 2(J) of consent 03/0990/OL to

incorporate public park. Name and Address of Applicant: Mr Fraser Woods

Taylor Wimpey West Scotland Name and Address of Agent Unit C

Cirrus Building Marchburn Drive Paisley Scotland PA3 2SJ

Officer’s Ref: Craig Thomas 01563 576772

The above planning application should be approved subject to the following conditions:

1. Notwithstanding the approved plans, a landscaping and drainage design scheme (with full

phasing details for the implementation of the drainage and landscaping proposals) containing land drainage proposals and full landscaping details, including the species and size of proposed trees and any hedging and a maintenance scheme, shall be submitted to and approved in writing by the Planning Authority prior to the commencement of any works on site.

Reason: In terms of the proper planning of the site and the overall amenity of the surrounding area.

2. Further to the terms of Condition 1 above, the approved landscaping and drainage scheme

shall be planted in accordance with the phasing scheme and shall be maintained in perpetuity and in accordance with the terms of Condition 3 below.

Reason: In terms of the proper planning of the site and the overall amenity of the surrounding area.

3. All planting carried out on site shall be maintained by the Applicant in accordance with good

horticultural practice. Any trees, shrubs or plants which are dead, damaged, missing, diseased or fail to establish shall be replaced annually.

TP24 East Ayrshire Council

TOWN & COUNTRY PLANNING (SCOTLAND) ACT 1997

Application No: 16/0200/PP

Reason: In the interests of visual amenity and effective landscape management, to ensure that adequate measures put in place to protect the landscaping and planting in the long term.

4. Notwithstanding the approved plans, details of the equipment, surfacing, boundary

treatment, layout and maintenance of the proposed play area shall be submitted to and approved in writing by the Planning Authority prior to any work commencing on site. Such details shall include timing for the provision of the play area on site. For the avoidance of doubt the details of the play equipment to be provided shall consider the age ranges of users and the provision of inclusively-designed equipment. Reason: In order to ensure that appropriate play facilities are to be provided on site.

5. The play area approved under Condition 4 of this permission shall be formed on site as

approved, prior to the park being brought into use, and shall be maintained thereafter in accordance with the approved details.

Reason: In order to ensure that appropriate play/recreation facilities are to be provided and maintained on site in perpetuity.

6. A plan showing areas of open space for the entire Altonhill residential development indicating responsibility for maintenance shall be submitted to and approved in writing by the Planning Authority prior to the commencement of any works on site.

Reason: In terms of the proper planning of the site and to clarify maintenance of the open space areas.

7. The development hereby approved shall accord with all relevant conditions contained within

outline consent 03/0990/OL and planning permission 07/0150/FL.

Reason: To ensure all conditions of 03/0990/OL and 07/0150/FL are complied with.

Advisory Notes 1. 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 noise sensitive location.

2. Suitable dust suppression measures should be introduced where appropriate during the construction phase.

3. All waste arising from the works should be disposed of to the satisfaction of the Waste Management Authority and otherwise than by burning.

3. All drainage should be completed to the satisfaction of SEPA and/or Scottish Water.

4. Ayrshire Roads Alliance should be contacted regarding the Roads Construction

Consent requirements for the site on 01563 555337 or at The Johnnie Walker Bond, 15 Strand Street, Kilmarnock KA1 1HU.

5. Further to the terms of Condition 4 above, the applicant is requested to meet with

and discuss the proposed play equipment with the Residents Association prior to submitting any details to discharge this condition.

6. As per the email from the applicant dated 16 August 2016, residents within the Altonhill development shall not pay for the maintenance of the public park.