Item No. 6 (e) Planning and Building Standards Committee 1 PLANNING AND BUILDING STANDARDS COMMITTEE 1 JULY 2013 APPLICATION FOR PLANNING PERMISSION ITEM: REFERENCE NUMBER:13/00572/FUL OFFICER: Dorothy Amyes WARD: Tweeddale West PROPOSAL: Variation of conditions 14 and 17 of planning consent 08/01397/FUL SITE: Land North, East And South Of Rutherford House West Linton APPLICANT: Manor Kingdom (Scotland) Ltd And De Vere Ltd AGENT: None SITE DESCRIPTION Rutherford Castle Golf Club sits to the north of West Linton, to the South of Carlops and to the East of the A702. The site is located approximately 24.5 km to the south of Edinburgh city centre and lies approximately 2.6km to the north of West Linton. The application site is situated on agricultural grazing land adjacent to the existing Rutherford Castle Golf Club. The site is relatively flat but it does slope from the public road towards the golf course. A mature shelter belt defines the north boundary of the site and separates the site from Rutherford House and the adjoining development site. The remaining site boundaries are defined by stone boundary walls and stock proof fencing. PROPOSED DEVELOPMENT The application proposes that conditions 14 and 17 on consent 08/01397/FUL are varied. Details of the original consent are given in the Planning History below. Condition 14 states: Prior to the commencement of any development a barrier of a type approved by the planning authority, after consultation with the Transport Scotland - Trunk Road Network Management Directorate, shall be provided and maintained along the proposed boundary of the site with the trunk road. Reason: To minimise the risk of pedestrians and animals gaining uncontrolled access to the trunk road. Condition 17 states: Development shall not begin until drainage works have been carried out in accordance with details to be submitted to and approved in writing by the Local Planning Authority, in consultation with SEPA. The alternate foul drainage arrangements (private waste water treatment facility) must be carried out fully as agreed with SEPA Reason: To ensure that satisfactory arrangements are made for the disposal of surface and foul water.
Transcript
Item No. 6 (e)
Planning and Building Standards Committee 1
PLANNING AND BUILDING STANDARDS COMMITTEE
1 JULY 2013
APPLICATION FOR PLANNING PERMISSION
ITEM: REFERENCE NUMBER:13/00572/FULOFFICER: Dorothy AmyesWARD: Tweeddale WestPROPOSAL: Variation of conditions 14 and 17 of planning consent
08/01397/FULSITE: Land North, East And South Of Rutherford House
West LintonAPPLICANT: Manor Kingdom (Scotland) Ltd And De Vere LtdAGENT: None
SITE DESCRIPTION
Rutherford Castle Golf Club sits to the north of West Linton, to the South of Carlopsand to the East of the A702. The site is located approximately 24.5 km to the southof Edinburgh city centre and lies approximately 2.6km to the north of West Linton.
The application site is situated on agricultural grazing land adjacent to the existingRutherford Castle Golf Club. The site is relatively flat but it does slope from thepublic road towards the golf course. A mature shelter belt defines the north boundaryof the site and separates the site from Rutherford House and the adjoiningdevelopment site. The remaining site boundaries are defined by stone boundarywalls and stock proof fencing.
PROPOSED DEVELOPMENT
The application proposes that conditions 14 and 17 on consent 08/01397/FUL arevaried. Details of the original consent are given in the Planning History below.
Condition 14 states:Prior to the commencement of any development a barrier of a type approved by theplanning authority, after consultation with the Transport Scotland - Trunk RoadNetwork Management Directorate, shall be provided and maintained along theproposed boundary of the site with the trunk road.Reason: To minimise the risk of pedestrians and animals gaining uncontrolled accessto the trunk road.
Condition 17 states:Development shall not begin until drainage works have been carried out inaccordance with details to be submitted to and approved in writing by the LocalPlanning Authority, in consultation with SEPA. The alternate foul drainagearrangements (private waste water treatment facility) must be carried out fully asagreed with SEPAReason: To ensure that satisfactory arrangements are made for the disposal ofsurface and foul water.
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Both of these conditions require that work is carried out prior to commencement ofdevelopment. The application seeks to vary these conditions to:
‘the required works on the barrier and drainage to be completed within one monthafter commencement of the development and to the satisfaction of the council.’
PLANNING HISTORY
Planning consent 08/01397/FUL:
This consent was granted in December 2008 (subject to conditions and a legalagreement) for the erection of a 150 bedroom 5 star hotel, conference and leisurefacility towards the north of the application site. This permission is valid until 18December 2013. The site would be extensively landscaped and would include carparking in the south west corner of the site. The proposed hotel would be accessedvia the existing junction on the A702 which currently serves the golf club and a newvehicular access along an improved track to the south of the application site.
Details of the proposals were outlined in the supporting statement and these were asfollows:The proposed hotel takes a contemporary slant on early 20th century Scottishrendered country houses. It would be primarily white painted wet-dash render withdressed sandstone features under a slate roof. The elevations would include whitepainted projecting balconies and summer rooms reminiscent of Scottish hotelconservatory architecture. The hotel would have an elongated t-shape and would bearranged over 3 floors with a basement level towards the north east corner. A stoneport cochere would form the entrance to the hotel on the south east facing elevation.
A flat roof section would project from the rear elevation of the hotel. This would bethe grand ball room and conferencing facilities. It would be finished using cedartimber cladding.
The proposal would represent a £50 million pound investment in the ScottishBorders.
Planning consent 09/01746/FUL:
This was to amend the above application in relation to a revised access to the site. Itis the applicant’s intention that this revised access would still apply.
Other relevant applications:
An outline application for 6 dwelling houses (00/01 033/0UT) and a detailed planningapplication for the erection of a clubhouse with 36 bedrooms and conference facilities(01/00046/FUL) were both approved at the Tweeddale Area Committee on 10September 2001. The approvals were subject to the conclusion of a Section 75Agreement that related to phasing of development and precluding further housingdevelopment. Planning consent was never formally issued because the Section 75Agreements was never signed.
In 1999 two further applications were submitted, one was a detailed planningapplication for the erection of a golf clubhouse, accommodation andseminar/conference facilities (99/00557/FUL). The other was an outline application
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for residential development. Both planning applications were withdrawn in April 2000prior to their consideration at the Tweeddale area committee.
A detailed application was also submitted for the reconstruction and upgrading of thegolf course, the erection of clubhouse, 28 dwellings and the relocation of amaintenance shed (03/00776/FUL). This application was refused at committee on 5July 2004.
On 23 April 2007, the Tweeddale Area Committee granted planning consent for anew clubhouse and the erection of 6 dwellings. This approval was subject to 6planning conditions and the conclusion of a Section 75 Agreement (05/02117/FUL).This planning consent has been implemented.
Detailed planning consent (07/02147/FUL) was granted for a change of house typeon the nearby housing development at Rutherford Castle. This was approved on 22January 2008.
Planning consent has been granted for extension to the existing properties andadditional residential properties at Rutherford Gardens immediately to the north ofthe proposed hotel.
One application (06/01520/FUL) incorporated modern Huf Haus designs. Anapplication for two additional dwellinghouses of a similar Huf Haus design wasapproved in July 2007 (07/01001/FUL) and the consent issued in February 2008.
Two further outline consent have been granted for additional house plots(12/00143/ PPP and 12/00142/PPP).
There is also an application, currently under consideration, for a change of housetype from the one approved under 07/01001/FUL.
REPRESENTATION SUMMARY
One letter of comment has been received which raises issues relating to theboundaries as shown on the plans submitted with the application.
This relates to land ownership boundaries rather than the actual site boundary andtherefore does not affect the assessment of this application.
APPLICANTS’ SUPPORTING INFORMATION
None
DEVELOPMENT PLAN POLICIES:
Scottish Borders Consolidated Structure Plan 2001-2018
Carlops Community Council: There has been very little support for thisdevelopment throughout its planning history and this still remains the case. Inresponse to the particular details of this application please note the following points:
Condition 14: It seems very sensible to erect a proper barrier between the site andthe trunk road before the development begins. Once development has started, or asmachinery are moved onto the site there is an increased chance of scaring deeracross the road which would pose an unnecessary risk to motorists travelling at 60mph. If access is required then we are sure that a gateway could be constructed ifrequired. We do not believe that the reasons given by the developer are sufficient tojustify changing these conditions. A barrier will be required so it would be safer andmore sensible to erect this before works starts rather than afterwards.
Condition 17: Similarly ensuring that the site is able to deal with run off and not
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contaminate the surface waters in the area before work starts on the building siteseems sensible and reasonable. In the last few summers we have had burst ofexceptionally intense rainfall and failure to plan for this type of event could lead to ahigh degree of siltation and run off if not carefully planned.
The developer appears to want to alter these conditions purely on the basis of theirown convenience. This appears to be a poor justification when weighed up against apotential safety risk on the A 702 and pollution of the local waterways. We thereforeoppose these changes.
Other Consultees
None
KEY PLANNING ISSUES:
Whether the proposal to vary conditions 14 and 17 on planning consent08/01397/FUL is appropriate and reasonable and whether the proposed changes willresult any demonstrable adverse impact.
ASSESSMENT OF APPLICATION:
The original application for the hotel with leisure and conference facilities togetherwith the associated infrastructure was approved by the Planning and BuildingStandards Committee on 8 December 2008 and the consent was issued on 18December 2008. The consent has a 5 year time limit and therefore it does not expireuntil 18 December 2013.
The principle of the proposals has, therefore, been agreed and both Government andScottish Borders policy is to encourage high quality tourism developments. This isagain emphasised in the draft Scottish Planning Policy (SPP) which highlights theneed for planning authorities to enable key opportunities for investment and to takefull account of the economic benefits of the proposed development.
As the conditions currently apply the works required on the erection of the barrier andon the drainage are likely to take place immediately before any major work on thesite begins. The proposal to undertake the required work within one month ofdevelopment commencing is likely to result in only a relatively short delay. BothTransport Scotland and SEPA have indicated that they have no objections to theconditions being varied. The local community council do not support the application.However, in relation to a barrier being erected before development starts, anydevelopment site should be secured by Heres fencing or other appropriate fencingfor health and safety reasons before any work starts and it is expected that this wouldbe the case for this site.
In relation to drainage this type of work, which is part of the basic infrastructure of thesite, is usually undertaken at the early stages of any construction project and thetimescale of one month for its delivery is not a significant delay.
It is considered that the request to vary the conditions is not unreasonable andshould be supported. The varied conditions will read as follows:
14. Within one month of commencement of development a barrier of a typeapproved by the planning authority, after consultation with the Transport
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Scotland - Trunk Road Network Management Directorate, shall be provided andmaintained along the proposed boundary of the site with the trunk road.Reason: To minimise the risk of pedestrians and animals gaining uncontrolledaccess to the trunk road.
17. All drainage works shall be completed within one month of the developmentcommencing in accordance with details to be submitted to and approved inwriting by the Local Planning Authority, in consultation with SEPA. Thealternate foul drainage arrangements (private waste water treatment facility)must be carried out fully as agreed with SEPAReason: To ensure that satisfactory arrangements are made for the disposal ofsurface and foul water.
CONCLUSION
It is considered that the request to vary the conditions can be supported as both therequired drainage of the site and the safety barrier on the A702 will be put in placewith potentially only a limited change to the timescale for their delivery. It does notaffect the proposals as originally approved or the access, as amended.
RECOMMENDATION BY HEAD OF PLANNING AND REGULATORY SERVICES::
I recommend that the application to vary conditions 14 and 17 on planning consent08/01397/FUL is approved subject to the following conditions:
1. Notwithstanding the description of the materials in the application, nodevelopment shall be commenced until precise details of the materials to beused in the construction of the external walls and roofs of the buildings havebeen submitted to and approved in writing by the Local Planning Authority, andthereafter no development shall take place except in strict accordance withthose details.Reason: The materials require further consideration to ensure a satisfactoryform of development, which contributes appropriately to its setting.
2. A sample of all materials to be used on all exterior surfaces of the developmenthereby permitted shall be submitted to and approved in writing by the LocalPlanning Authority before development.Reason: The materials to be used require further consideration to ensure asatisfactory form of development, which contributes appropriately to its setting.
3. No development shall take place except in strict accordance with a scheme ofhard and soft landscaping works, which has first been submitted to andapproved in writing by the planning authority. Details of the scheme shallinclude (as appropriate):i. existing and finished ground levels in relation to a fixed datum preferably
ordnanceii. existing landscaping features and vegetation to be retained and, in the case
of damage, restorediii. location and design, including materials, of walls, fences and gatesiv. soft and hard landscaping worksv. existing and proposed services such as cables, pipelines, sub-stationsvi. other artefacts and structures such as street furniture, play equipment
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vii. A programme for completion and subsequent maintenance.Reason: To ensure the satisfactory form, layout and assimilation of thedevelopment.
4. All planting, seeding or turfing comprised in the approved details of landscapingshall be carried out in the first planting and seeding seasons following theoccupation of the buildings or the completion of the development, whichever isthe sooner, and shall be maintained thereafter and replaced as may benecessary for a period of two years from the date of completion of the planting,seeding or turfing.Reason: To ensure that the proposed landscaping is carried out as approved.
5. Before any part of the development hereby permitted is commenced detaileddrawings showing which trees are to be retained on the site shall be submittedto, and be approved in writing by the Local Planning Authority, and none of thetrees so shown shall be felled, thinned, lopped, topped, lifted or disturbedwithout the prior written consent of the Local Planning Authority.Reason: To enable the proper effective assimilation of the development into itswider surroundings, and to ensure that those existing tree(s) representing animportant visual feature are retained and maintained.
6. Before any part of the permitted development is commenced, the trees to beretained on the site shall be protected by a chestnut paling fence 1.5 metreshigh, placed at a minimum radius of one metre beyond the crown spread ofeach tree, and the fencing shall be removed only when the development hasbeen completed. During the period of construction of the development:(a) No excavations, site works, trenches or channels shall be cut, or pipes or
services laid in such a way as to cause damage or injury to the trees byinterference with their root structure;
(b) No fires shall be lit within the spread of the branches of the trees;(c) No materials or equipment shall be stored within the spread of the branches
of the trees;(d) Any accidental damage to the trees shall be cleared back to undamaged
wood and be treated with a preservative if appropriate;(e) Ground levels within the spread of the branches of the trees shall not be
raised or lowered in relation to the existing ground level, or trenchesexcavated except in accordance with details shown on the approved plans.
Reason: In the interests of preserving the health and vitality of existing trees onthe development site, the loss of which would have an adverse effect on thevisual amenity of the area.
7. Before any part of the permitted development is commenced, any hedges to beretained on the site shall be protected by a chestnut paling fence 1.5 metreshigh placed at a minimum distance of 2.0 metres from the edge of the hedge,and the fencing shall be removed only when the development has beencompleted. During the period of construction of the development the existingsoil levels around the boles of the hedges so retained shall not be altered.Reason: In the interests of preserving the hedges which contribute to the visualamenity of the area.
8. Only the trees identified on site and agreed in writing by the Local PlanningAuthority shall be removed.Reason: The existing trees represent an important visual feature which theLocal Planning Authority considers should be substantially maintained.
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9. The area allocated for parking on the submitted plan shall be properlyconsolidated, surfaced and drained before the use of the site commences/thebuildings are occupied, and shall not be used other than for the parking ofvehicles in connection with the development hereby permitted.Reason: To ensure there is adequate space within the site for the parking ofvehicles clear of the highway.
10. Prior to the commencement of development a scheme for the integratedprovision of suitable motorcycle and bicycle parking facilities shall be submittedto and approved by the Local Planning Authority. The approved scheme shallbe fully implemented and made available for use prior to the occupation of thedevelopment and thereafter permanently retained.Reason: To ensure that a comprehensive range of on-site vehicle parkingfacilities are made available to users of the development.
11. Prior to the commencement of any development on site a comprehensiveGreen Travel Plan that sets out proposals for reducing dependency on theprivate car shall he submitted to and approved in writing by the planningauthority, in consultation with Transport Scotland - Trunk Road NetworkManagement Directorate. The Travel Plan shall identify measures to beimplemented; the system of management, monitoring, review and reporting;and the duration of the plan.Reason: In order to meet the requirements of the Scottish Executive Planningfor Transport Documents SPP17 – Planning and Transport and PAN75 –Planning and Transport
12. The development hereby permitted shall not exceed a maximum parkingprovision of 390 spaces.Reason: In the interests of road safety and to be consistent with therequirements of the Scottish Executive Planning for Transport Documents SPP17 – Planning and Transport and PAN75 – Planning and Transport
13. Prior to the occupation of any part of the development, bus stops shall beprovided on both sides of the A702(T), located adjacent to the site generally asindicated in Arup Drawing Number 125383.00 (SK 001), to the satisfaction ofthe Planning Authority, in consultation with Transport Scotland - Trunk RoadNetwork Management Directorate.Reason: In the interests of road safety and to be consistent with therequirements of the Scottish Executive Planning for Transport Documents SPP17 – Planning and Transport and PAN75 – Planning and Transport
14. Within one month of commencement of development a barrier of a typeapproved by the planning authority, after consultation with the TransportScotland - Trunk Road Network Management Directorate, shall be provided andmaintained along the proposed boundary of the site with the trunk road.Reason: To minimise the risk of pedestrians and animals gaining uncontrolledaccess to the trunk road.
15. The nature and location of all advertising and external lighting within the siteshall he approved by the planning authority, after consultation with theTransport Scotland - Trunk Road Network Management Directorate.Reason: To ensure that there is no distraction to drivers on the trunk roadnetwork.
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16. The proposed development shall incorporate measures to maximise theefficient use of energy and resources, and the incorporation of sustainablebuilding techniques and renewable energy technologies, in accordance with ascheme of details that shall first have been submitted to and approved in writingby the planning authority. This should include demonstration of a reduction of15% in CO2 emissions beyond the 2007 building regulations carbon dioxideemissions standard through incorporation of on-site low or zero carbontechnologies (LZCT) where technically feasible.Reason: To ensure the development minimises any environmental impact
17. All drainage works shall be completed within one month of the developmentcommencing in accordance with details to be submitted to and approved inwriting by the Local Planning Authority, in consultation with SEPA. Thealternate foul drainage arrangements (private waste water treatment facility)must be carried out fully as agreed with SEPAReason: To ensure that satisfactory arrangements are made for the disposal ofsurface and foul water.
18. Detailed documented construction method statements for the site to be agreedby the planning authority, in consultation with SEPA, before developmentcommences. This method statement must address the temporary measuresproposed to deal with surface water run-off during construction in accordancewith the requirements of CAR and the relevant General Binding Rules (GBRs)prior to the operation of the final SUDS. It must ensure that the SUDSperformance is not compromised during construction, either by avoiding use ofthe final SUDS or completely reinstating the SUDS used.Reason: To ensure that satisfactory arrangements are made for the disposal ofsurface and foul water.
19. Details of the proposed finalised SUDS which meets the requirements of GBRsand provides sufficient attenuation that the development would not cause orexacerbate flooding within the receiving catchment, contact should be madewith your Roads Department regarding the water quantity issues of SUDSReason: To ensure that satisfactory arrangements are made for the disposal ofsurface and foul water.
20. No trees identified for removal will be felled during the breeding bird season(March- August)Reason: In the interests of protecting ecological interest
21. An ecologist will inspect the trees on the day of removal to ensure that noprotected species are using those trees.Reason: In the interests of protecting ecological interest)
22. Trees identified for removal will be felled and removed in accordance with theBat Conservation Trust guidelines.Reason: In the interests of protecting ecological interest
23. A detailed Landscape and Habitat Management Plan is required, to besubmitted for the approval of the Planning Authority before any workscommence.Reason: In the interests of protecting ecological interest
24. No works shall commence during the breeding bird season without the expresswritten permission of the Planning Authority.
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Reason: In the interests of protecting ecological interest
25. Scrub and tree clearance should occur outside of the breeding bird season(breeding bird season March-August).Reason: In the interests of protecting ecological interest
26. Checking surveys for bats, badgers, otters and breeding birds to be carried outprior to the commencement of work. The survey reports are to be submitted forthe approval of the Planning Authority prior to the commencement of any works.Reason: In the interests of protecting ecological interest
27. Measures to protect badgers and otters on construction sites to beimplemented: covering of trenches overnight or provision of escape ramps,capping of any temporarily exposed pipe systems to prevent animals gainingaccess, safe storage of chemicals.Reason: In the interests of protecting ecological interest
28. SEPA Pollution Prevention Guidelines PPG1, PPG5 (general guidance andworks affecting watercourses), PPG 3, 4, 7, 13 (site drainage), PPG 2, 8 (oilstorage) and PPG 6 (construction and demolition) shall be adopted by thedeveloper as appropriate.Reason: In the interests of protecting ecological interest
29. SUDS proposals should use new ponds and not existing ponds on the site.SUDS provide an opportunity to enhance the local habitat network, connectingwith Forest Habitat Network and Wetland Habitat network and provision ofhabitats for bats.Reason: In the interests of protecting ecological interest
DRAWING NUMBERS
(00)002 Rev a Proposed site layout(00)003 Rev a Proposed ground floor plan(00)004 Rev a Proposed basement floor plan(00)005 Rev a Proposed first floor plan(00)006 Rev a Proposed second floor plan(00)007 Rev a Proposed roof plan(00)008 Rev a Proposed south & east elevations(00)009 Rev a Proposed north & west elevations(00)010 Rev a Proposed sections a-a, b-b & c-c(00)011 Rev a Neighbour notification plan(00)018 Rev a Site plan showing bicycle & motor cy...117.17.08c Entrance area landscape117.17.09c Car park landscape and wall detail117.17.10 Composite landscape areas
Approved byName Designation SignatureBrian Frater Head of Planning and
Regulatory Services
The original version of this report has been signed by the Head of Planning andRegulatory Services and the signed copy has been retained by the Council.
