EAST AYRSHIRE COUNCIL

PLANNING COMMITTEE: 14 JUNE 2013

12/0520/PP CHANGE OF USE FROM VACANT LAND TO ALLOTMENTS WITH ANCILLARY SHED, POLYTUNNEL, COMMUNAL MEETING PLACE,

FENCING AND ASSOCIATED WORKS

AT: LAND AT LUGTON ROAD DUNLOP

BY DUNLOP ALLOTMENT ASSOCIATION

Report by Head of Planning and Economic Development

Click for Application Details: http://eplanning.east-ayrshire.gov.uk/online/caseFile.do?category=application&caseNo=12/0520/PP

EXECUTIVE SUMMARY SHEET

1. DEVELOPMENT DESCRIPTION 1.1 The proposed development comprises the change of use of the land to provide allotment gardens and involves the building of paths, external fences and gates to allow the site to be reasonably secured. The proposal also involves the erection of a timber single storey outbuilding with a pitched roof of 2.75 metres in height with a floor space of 17.28 square metres to act as a communal meeting place and storage area. Other elements of the proposal comprise the erection of a poly-tunnel of 2.84 metres in height with a floor space of 112 square metres for growing delicate crops and infrastructure to provide water supplies via stand-pipes. The facilities are for the use of members of the Dunlop Allotment Association who are the applicants. The proposal provides for 23 plots within the site with space set aside for the recycling of organic compounds. 2. RECOMMENDATION 2.1 It is recommended that the planning application be refused for the reasons listed on the attached sheet. 3. CONCLUSIONS 3.1 This application has received an objection from the Council’s Roads and Transportation Service on road safety grounds. As indicated in Section 5 of the report the application is entirely appropriate in terms of the principle of this type of facility within East Ayrshire. It is however otherwise contrary to the detailed policy of the Development Plan. This is in terms of Policy T3 due to the lack of on-site parking, a site access and servicing area albeit it is clearly appropriate in terms of the provision of community facilities that can make a valuable contribution to fostering community relationships and improving in social and cultural terms the local community and well as the local environment particularly

within a small village such as Dunlop. The application should therefore be refused unless material considerations indicate otherwise. 3.2 There are material considerations relevant to the application, however it is considered that these do not outweigh the assessment of the application in terms of the detailed Policy T3 of the Development Plan noting the concerns of Roads and Transportation. It is considered that this response from the Roads and Transportation Service owing to the road safety concerns, significance is the material consideration which has the greatest weight. In terms of the Council approved Leisure and Cultural Strategy and the Open Space Strategy, these support the proposal in principle but do not in this instance outweigh the consultation response from Roads as a material consideration. As Members have been advised earlier in this report, extensive effort has been made by the Planning Service with the assistance of officials in the Roads and Estates Management Services to resolve this concern and officers in Roads and Transportation have been party to these discussions to help seek a resolution. It has however not proven possible to reconcile the roads safety concerns in this instance for this particular application site. 3.3 In accordance with Sections 25 and 37(2) of the Town and Country Planning (Scotland) Act 1997 as amended, it is therefore recommended that the application should be refused on the basis that there is no on-site parking and servicing provision, that the proposed development does not create an access with a public road, there is sub-standard pedestrian access, that there is no adequate disabled parking and parking for bicycles and that the proposal will generate displaced parking on the A735 which impact on the environment and amenity of surrounding residents. CONTRARY DECISION NOTE Should the Committee agree that the application be refused contrary to the recommendation of the Head of Planning and Economic Development in terms of the principle of the proposed development, then the application will not require to be referred to Council as it would not represent a significant departure from Council Policy. Alan Neish 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: 14 JUNE 2013

12/0520/PP CHANGE OF USE FROM VACANT LAND TO ALLOTMENTS WITH ANCILLARY SHED, POLYTUNNEL, COMMUNAL MEETING PLACE,

FENCING AND ASSOCIATED WORKS

AT: LAND AT LUGTON ROAD DUNLOP

BY DUNLOP ALLOTMENT ASSOCIATION

Report by Head of Planning and Economic Development

1. PURPOSE OF REPORT 1.1 The purpose of this report is to present for determination an application for planning permission which is to be considered by Planning Committee under the scheme of delegation, as the Council has an ownership interest in the application site. 2. APPLICATION DETAILS 2.1 Site Description: The application site comprises vacant area of land amounting to some 2,093 square metres. The site lies within the settlement boundary of Dunlop and is bounded to the east by the A735 Lugton Road, beyond which is an area of open space with pathways. The A735 is a classified road which is a main traffic route through Dunlop to Lugton and Barrhead/Paisley beyond to the north and to Kilmarnock and Stewarton to the south. To the north and south are residential dwellings and to the west are further residential dwellings to the rear of which is an area of grassed over ground. Further to the west is a recent residential development by Atrium Homes at Carruthers Close providing older ambulant residential houses. To the north of the site is Gills Burn which also runs through the application site. There is a single tree situated in the centre of the site which has no associated Tree Preservation Order. The land has no protected status and part of the site appears to have a past use of allotment gardens following the research of ordnance survey maps. The proposed site has no direct vehicular access with pedestrian access by a rough track from Lugton Road. 2.2 Proposed Development: The proposed development comprises the change of use of the land to provide allotment gardens and involves the building of paths, external fences and gates to allow the site to be reasonably secured. The proposal also involves the erection of a timber single storey outbuilding with a pitched roof of 2.75 metres in height with a floor space of 17.28 square metres to act as a communal meeting place and storage area. Other elements of the proposal comprise the erection of a poly-tunnel of 2.84 metres in height with a floor space of 112 square metres for growing delicate crops and infrastructure to provide water supplies via stand-pipes. The facilities are for the use of members

of the Dunlop Allotment Association who are the applicants. The proposal provides for 23 plots within the site with space set aside for the recycling of organic compounds. 3. CONSULTATIONS AND ISSUES RAISED 3.1 East Ayrshire Council Roads and Transportation Service

has objected to the proposed development due to the allotment site having access by means of a pedestrian walkway, with no parking or servicing facilities for site visitors and has therefore recommended refusal on road safety grounds.

The site plans submitted do not provide any on-site parking and the application site does not connect to a public road. No vehicular access has therefore been provided nor has any service bay for vehicles that require to drop-off, or pick-up, materials. It is noted that the site is centrally located within the village of Dunlop, however, due to the nature of the facilities and with the prospect of either bulky or heavy materials being brought on or off site on a regular basis, the absence of any parking or servicing or road access would render the proposal contrary to Policy T3 which is discussed in more detail in section 5 of the report. The significance of this consultation response is also further expanded upon in Section 6 of this report.

3.2 East Ayrshire Council Roads and Transportation Service (Flooding)

has no objection to the proposed development and has commented on the provision of fencing separating the development from the adjacent watercourse. The applicant would require to be made aware that the riparian landowner is responsible for the maintenance of the watercourse adjacent to his property and that access to the watercourse should be made available for routine maintenance.

These matters can be included in an advisory note if Members choose to grant consent for this development.

3.3 East Ayrshire Council Regulatory Services (Environmental Health Service)

has no comments to make or objections in relation to the proposed development.

Noted. 3.4 East Ayrshire Council Outdoor Services

supports the proposal and has no objections to make.

Noted. 3.5 East Ayrshire Access Panel (North)

has requested that level access be considered through the entrance gate and has also requested if raised beds were being considered with appropriate accessible access provided.

These matters have been raised with the applicant during discussions associated with the application and no access has been provided including adequate disabled parking provision as highlighted elsewhere in this report.

3.6 Scottish Water

has no objections to the application.

3.7 Dunlop and Lugton Community Council

has not responded to the consultation request at the time of writing this report.

4. REPRESENTATIONS 4.1 1 letter of representation has been received following the neighbour notification and public advertisement processes. The issues raised in the letter of objection are as follows: 4.2 No arrangements have been made for the provision of off-road parking at the proposed allotment site. This is a serious oversight given that the access to the allotment site will be from an ‘A’ Classified road and on a blind spot for vehicles leaving the village. In addition Allotment members will be inclined to park their cars and vans etc. along the length of Lugton Road making it difficult for householders including the objector to emerge from their properties onto the main road.

The Council’s Roads and Transportation Service has objected to the proposed development on road safety grounds as no on-site parking provision or servicing bay arrangements or vehicular access has been provided with the application details as detailed in Section 3.2 of this report.

4.3 The proposed new fence will not entirely enclose and/or replace the existing fenced delineation of the site leaving a range of different structures to enclose the allotment area including unsightly and dilapidated fencing and corrugated metal sheeting. In addition if the boundary to the Gills Burn side is not enclosed there may inadvertently be a possibility for stones, rotting vegetation and other detritus getting into the burn leaving an unsightly mess and potential pollution hazard.

From the submitted plan a new wrought iron gate will be provided and the existing timber fences enclosing the development are to be repaired or replaced with a similar design. If Members wish to approve the proposed development, an appropriate condition can be placed on the consent to ensure that the design, materials and extent of the fencing arrangements are appropriate to the residential area. It is further noted that the Council would be entering into a Lease Agreement for this site (separate to the Planning process) and as part of the conditions of any lease, there would be additional controls to ensure that the condition of the site was kept in good order.

4.4 In respect of the layout plan submitted with the neighbour notification, the positioning of the communal hut and poly-tunnel is to be located in the middle of the site in the position of the mature tree rather than to the south of the site as originally requested.

Discussion with the applicants has confirmed the submitted layout plan proposes to site the communal hut and poly-tunnel located away from the position of the single tree which would not be affected by the development.

4.5 Ancillary sheds are mentioned in the neighbour notification letter and if there are to be a plethora of huts in addition to the communal hut then this would negate the improvements that have already been made by the removal of the former structures on the site.

When the application was first submitted the formal description for the proposed development included ancillary sheds and this was a typing error. It can now be clarified that there is only one shed being proposed i.e. the communal hut. The applicants have not submitted any proposals for sheds and structures on any individual plots.

4.6 No request has been made by the applicants to fell or cut back the main feature tree or any other trees adjoining the proposed allotment site. There is some expectation that the main feature tree will be lopped back to reduce the shading effect of the leaf canopy. As this tree and those adjoining the site are well established, objection is offered to the granting of planning consent if there were to be any material changes to the existing environmental setting in this regard.

The proposed site is not located within a conservation area and the tree within the site or the trees adjoining the site do not have any Tree Preservation Orders in force. Therefore there are no planning controls in terms of limiting any works to these trees. The Council’s Arboricultural Officer has however been consulted and has no objections to the proposed development. Nevertheless, the proposed development shows that the single tree within the site will be retained.

5. ASSESSMENT AGAINST DEVELOPMENT PLAN 5.1 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 Approved Ayrshire Joint Structure Plan (2007) and the Adopted East Ayrshire Local Plan (2010).

Ayrshire Joint Structure Plan (AJSP)

5.2 There are no policies within the AJSP of particular relevance to the proposed development and the application therefore can be assessed against the East Ayrshire Local Plan.

East Ayrshire Local Plan (EALP)

5.3 The principle of sustainability in development proposals is embodied in Policy SD1 and seeks to ensure that all new development contributes positively to the environmental quality of the area. In this regard, the Council will ensure that all new development does not have any unacceptable adverse impact on:

(i) the character and appearance of the particular location in which it is proposed;

(ii) the environment and amenity of local communities and residents of the area;

(iii) landscape character and quality; and (iv) natural or built heritage resources.

The proposal seeks to provide a sustainable horticultural use which will enhance the character and appearance of the surrounding area as a use, as well as the village overall and will provide a valuable amenity to the local community. The proposed development will not adversely impact on any natural or built heritage resources. It does however have the potential to create displaced parking on the A735 public road and the Council’s Roads and Transportation Service have objected to the proposed development on road safety grounds which could also result in an amenity concern for immediately neighbouring properties through increased parking on Lugton Road and the resultant additional noise and activity that could be generated. Whilst significant efforts have been made by the Planning Service together with colleagues in Roads and Transportation to resolve this matter, it has not been possible to satisfactorily address these issues which would allow Roads to withdraw their recommendation. It is therefore considered that the proposal would have an unacceptable adverse impact on the environment and amenity of the surrounding area and neighbouring properties in particular at Lugton Road due to the lack of on-site parking and servicing provision and lack of vehicular access.

5.4 Policy CS1 notes the Council will respond positively to changing needs and demands for all community, educational, sporting, leisure, cultural and other facilities serving local communities throughout East Ayrshire. In particular, the Council will encourage and support the development of such new facilities as may be required and the upgrading, expansion and improvement of existing facilities to meet local needs.

The proposal is a valuable type of community use to meet a clear local need/wish for an allotment facility. The proposal therefore meets with the spirit of this Policy in providing a facility which will serve local residents in their leisure demands but also will provide a positive community focus. The application is entirely appropriate in respect of this Policy.

5.5 Policy ENV9 states that the Council will actively encourage and demand the highest possible standards of design from applicants in the formulation of their development proposals.

Whilst the Council does not have any Design Guidance in respect of allotments per se, the proposal complies with the terms of Policy ENV9 in respect of the acceptable and sympathetic design and layout of the site with regard to the amenity of the surrounding area.

5.6 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. Developments which do not meet these standards will not be considered acceptable and will not receive Council support. In addition, developers should ensure that their proposed developments: (i) are closely linked to existing and proposed public transport networks; (ii) incorporate, where necessary and practicable, clearly signposted and well

lit footpaths and cycle routes between the development and existing or proposed local community and other facilities, transport interchange points and nodes etc;

(iii) incorporate all necessary measures to minimise pedestrian and vehicular conflict;

(iv) incorporate appropriate traffic calming measures where considered necessary; and

(v) incorporate adequate disabled parking and parking for bicycles as considered appropriate.

The Dunlop Allotments Association have not provided any on-site parking or servicing area for vehicles and no vehicular access has been provided from the A735 to the site. It is accepted that the site is centrally located within the village of Dunlop and that plot holders may regularly visit the site as pedestrians. However, the horticultural of use of the site by members of the Association will entail that materials are brought on to the site and taken off the site, these may be heavy or bulky materials and most likely therefore transported by a vehicle. The proposal will be most likely to generate a significant level of vehicular traffic as there are 23 individual plots proposed and therefore a minimum of 23 individual members will create travel demands and require the parking of vehicles. Due to the lack of access or parking arrangements the proposal is most likely to displace parking onto the A735 Lugton Road immediately adjacent to the site. The Council’s Roads and Transportation Service have objected to the proposed development on road safety noting the

above concerns with the operational requirements of the proposed allotments. The proposal fails to accord with the provisions of this Policy (i) as the proposed development does not connect to a public road; (ii) does not provide a footpath of suitable standard; (iii) there are no arrangements in place to provide on-site parking provision and servicing arrangements for the site and (v) the proposal fails to incorporate adequate disabled parking and parking for bicycles.

Conclusion

Whilst the proposed development clearly complies with the policies of the local plan which seek to provide valuable and worthwhile community facilities to foster community spirit and improve facilities on offer for the benefit of the local community, this application has clear deficiencies in the detail of the proposed scheme with the lack of parking. The community benefits that this scheme would deliver has been noted by the Planning Service and has been central to the collective efforts of officers to try and resolve the lack of parking, servicing and vehicular access. As Section 6 of this report will outline, extensive efforts have been exerted by officers to try and resolve these matters however it has not been possible to do so. Whilst the Policy CS1 quite rightly provides support for this application the lack of parking, servicing and access means that there are concerns in terms of road safety which are of planning merit.

6. ASSESSMENT AGAINST MATERIAL CONSIDERATIONS 6.1 The material considerations relevant to the determination of this application are the consultation responses, letter of representation, the impact on the amenity of the area and the Council’s Framework for the Provision of Allotments. Consultation Responses 6.2 The consultation responses are summarised in Section 3 of this report and in particular the Roads and Transportation Service have recommended refusal of the application. This response is a significant determining material consideration in respect of the determination of this application.

Following a request from the Dunlop Allotment Association, a meeting was arranged with the representatives of the Roads and Transportation Service facilitated by the Planning Service which in effect requested a review of that Service’s consultation response. Confirmation was received from the Roads and Transportation Service that as there was no internal parking or servicing provision for vehicles within the site and that the development did not connect to a public road, the recommendation of refusal remained unchanged.

As this site is on Council owned land the Planning Service has also held discussions with Estates Management as it is understood that the potential lease of this site has been under extensive lengthy negotiation for some time. It was ultimately not possible to seek an agreement with Estates (as further detailed below in Section 6.3 of this report) to provide more land which could provide an off-road parking and servicing area, in order to resolve this issue of road safety concerns that would allow the application to be supported with a positive recommendation to Members.

Additional land provision 6.3 The Dunlop Allotment Association confirmed that they could not provide parking and servicing within the site due to the small area of the site and the possibility of providing this and vehicular access on adjacent land was considered. The Planning Service requested that Estates Management hold a meeting with the Association to identify if a larger piece of ground in ownership of the Council could be made available to the Association. The outcome of this meeting was that unfortunately, the land could not be made available and due to the costs involved, the Allotment Association would not be able to provide the parking or servicing as required by Roads and Transportation Service which would allow Roads to withdraw their objection and support the proposals. Letter of Representation 6.4 The points raised in the objection letter have been summarised in Section 4 of this report and whilst the points raised are noted, with the exception of the road safety implications, the remaining points are not considered to warrant refusal of the application. Impact on the Amenity of the Area 6.5 The proposal is not located within a conservation area. It has however not been possible to provide on-site parking, a vehicular access onto the site and an area for servicing the allotments. This means that there are significant concerns that displaced parking is very likely to occur on the A735 public road. The Council’s Roads and Transportation Service have objected on road safety grounds and therefore it is considered that the proposed development will impact on the environment and amenity of surrounding residents in respect of the additional numbers of cars seeking parking in the surrounding streets and the increased noise and activity that will ensue. Leisure and Cultural Strategy, Open Space Strategy, & A Framework for Allotment Provision 6.6 On April 1st 2009, Cabinet approved both the Leisure and Cultural Strategy and the Open Space Strategy for East Ayrshire. Both documents make specific references to the need to investigate demand for allotments and community gardens and, if required, to consider the preparation of arrangements to address this.

6.7 The Council does not have any Council-run allotment sites, but has undertaken to work with community councils where there is allotment demand and interest. The report also recognises the Council’s role in facilitating and supporting allotment groups where demand exists. The Council has provided, and will continue to provide, support and advice to interested community groups to establish allotments. 6.8 A framework document was then approved at Cabinet on 11 August 2010, which set out arrangements for the development of allotment provision in East Ayrshire underpinned by an Action Plan divided into three strands:- • Supporting the development of allotments as part of the overall green

infrastructure of East Ayrshire; • Supporting and facilitating a community managed allotment service; and • Encouraging and providing environmental sustainability and healthy living

initiatives, through increasing consumption of home grown produce, and improved land management.

6.9 The framework provides both a strategic context for allotment development and practical guide for the roll out of sustainable allotment provision managed by community groups with appropriate constitutions and skills. In addition to the wider strategic context, the document also gives detailed guidance on devolved management structures; lease and tenancy agreements; allotment rents; design and facility provision; maintenance; and allotment associations.

This documents outlines the clear Council support for the development of Allotment Groups though cross-departmental advice. The level of support required for individual projects varies but the Council’s support has in this planning application included access to suitable Council land, advice on management and organisational issues, planning advice and assistance with the identification of potential funding sources, amongst other issues. Whilst noting that this Strategy is a significant material consideration, it is considered in this instance and with this application site, that the requirement for car parking, off-road access and a servicing area is of greater weight as a material consideration.

7. FINANCIAL AND LEGAL IMPLICATIONS 7.1 There are financial and legal implications for the Council in the determination of this application as it has an ownership interest on the land subject to this application. 7.2 The application will not require to be referred to the Scottish Ministers in terms of the Town and Country Planning (Notification of Applications) (Scotland) Direction 2009.

8. CONCLUSIONS 8.1 This application has received an objection from the Council’s Roads and Transportation Service on road safety grounds. As indicated in Section 5 of the report the application is entirely appropriate in terms of the principle of this type of facility within East Ayrshire. It is however otherwise contrary to the detailed policy of the Development Plan. This is in terms of Policy T3 due to the lack of on-site parking, a site access and servicing area albeit it is clearly appropriate in terms of the provision of community facilities that can make a valuable contribution to fostering community relationships and improving in social and cultural terms the local community and well as the local environment particularly within a small village such as Dunlop. The application should therefore be refused unless material considerations indicate otherwise. 8.2 There are material considerations relevant to the application, however it is considered that these do not outweigh the assessment of the application in terms of the detailed Policy T3 of the Development Plan noting the concerns of Roads and Transportation. It is considered that this response from the Roads and Transportation Service owing to the road safety concerns, significance is the material consideration which has the greatest weight. In terms of the Council approved Leisure and Cultural Strategy and the Open Space Strategy, these support the proposal in principle but do not in this instance outweigh the consultation response from Roads as a material consideration. As Members have been advised earlier in this report, extensive effort has been made by the Planning Service with the assistance of officials in the Roads and Estates Management Services to resolve this concern and officers in Roads and Transportation have been party to these discussions to help seek a resolution. It has however not proven possible to reconcile the roads safety concerns in this instance for this particular application site. 8.3 In accordance with Sections 25 and 37(2) of the Town and Country Planning (Scotland) Act 1997 as amended, it is therefore recommended that the application should be refused on the basis that there is no on-site parking and servicing provision, that the proposed development does not create an access with a public road, there is sub-standard pedestrian access, that there is no adequate disabled parking and parking for bicycles and that the proposal will generate displaced parking on the A735 which impact on the environment and amenity of surrounding residents. 9. RECOMMENDATION 9.1 It is recommended that the planning application be refused for the reasons listed on the attached sheet. CONTRARY DECISION NOTE Should the Committee agree that the application be refused contrary to the recommendation of the Head of Planning and Economic Development in terms of

the principal principle of the proposed development, then the application will not require to be referred to Council as it would not represent a significant departure from Council Policy. Alan Neish Head of Planning & Economic Development 05 June 2013 AN/FV RDB/RDB

LIST OF BACKGROUND PAPERS 1. Application Form and Plans. 2. Statutory Notices and Certificates. 3. Consultation Responses. 4. Letter of representation 5. Adopted East Ayrshire Local Plan (2010) 6. Leisure and Cultural Strategy, Open Space Strategy & A framework for

Allotment provision (2009 & 2010). Anyone wishing to inspect the above papers please contact Robert Beaton Planning Officer, on 01563 576770. Implementation Officer : David McDowall, Operations Manager

Location Land At Lugton Road Dunlop Nature of Proposal: Change of use from vacant land to allotments with ancillary

sheds, polytunnel, communal meeting place, fencing and associated works

Name and Address of Applicant: Dunlop Allotment Association

FAO Mr Arthur Park 77-79 Main Street Dunlop Kilmarnock KA3 4AG

Name and Address of Agent

Officer’s Ref: Robert Beaton 01563 576770

The above Planning Permission application should be refused for the following reasons:

1. The application is contrary to Policy T3 of the Adopted East Ayrshire Local Plan (2010) (i) as the proposal does not include any vehicular access and does not connect to a public road; (ii) the proposal does not provide a footpath of suitable standard; (iii) there are no arrangements in place to provide on-site parking provision and servicing arrangements for the site; and (v) the proposal fails to incorporate adequate disabled parking and parking for bicycles.

2 The application is contrary to Policy SD 1 of the Adopted East Ayrshire Local

Plan (2010) that due to the lack of on-site parking and servicing provision and lack of vehicular access will result in displaced parking on the A735 public road which will have an unacceptable adverse impact on the environment and amenity of the local community and residents of the area.

TP24 East Ayrshire Council

TOWN & COUNTRY PLANNING (SCOTLAND) ACT 1997

Application No: 12/0520/PP

This map is published by the perm

ission of Ordnance Survey for the internal business use only. N

o further copies can be made. ©

Crow

n copyright. A

ll Rights Reserved. East A

yrshire Council OS Licence N

o. 10023409 (2010)