Previous Committee This application was previously considered by Committee on

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1 DIN RGH+ ltemno 19 Report no THE CITY OP EDINBURGH COUNCIL Planning Permission 12/002381FUL at 236 Gorgie Road Edinburgh EH112PL Development Management Sub-Committee of the Planning Committee Previous Committee This application was previously considered by Committee on Outcome of previous Committee Site visit - This application was continued by the Committee for a site visit. This site visit has now taken place and the application is returning to Committee for a decision. 1 Purpose of report To consider application 12/00238/FUL, submitted by Scottish Midland Cooperative Society Limited. The application is for: Partial demolition of Scotmid supermarket and erection of 9 residential flats, car parking, access landscaping and associated works. It is recommended that this application be GRANTED by Committee. 2 The Site and the Proposal Site description The site is 0.09 hectares in size and is currently a car park and part of a Scotmid supermarket that fronts onto Gorgie Road. To the north there is a church hall, to the west are the back greens of 4 storey traditional tenements in Smithfield Street. To the east, the site adjoins the tenements of Wheatfield Terrace.and their associated back greens. The car park is located within the

2 northern half of the site and this is accessed off the western end of Wheatfield Terrace. This also provides a rear service area for the supermarket. Site History There is no relevant planning history for this site. Pre-Application Process Pre-application advice raised issues of potential overshadowing and loss of daylight. Concerns relating to open space provision, scale, parking and elevational treatment was also raised. Description Of The Proposal It is proposed to partially demolish approximately 489 square metres of the rear of the supermarket and erect 9 flats. These would be accommodated within a 5 storey building which would adjoin the existing tenement to the east. The height and depth of the proposed flats is similar to the tenement. All the flats would have two bedrooms and upper floors would have rear facing balconies. A new pend access is proposed which would provide vehicular access to 13 parking places at the rear of the flats. One space is designed to be for disabled persons' use and 4 spaces are proposed to be used by staff at the supermarket. An 18 space bike store is proposed on the ground floor in the western section of the building along with area for bins. Approximately 270 square metres of landscaped open space is proposed, mostly located to the west and south (rear) of the flats. There is a small area of front garden proposed of similar depth to the existing front gardens in Wheatfield Terrace. The building would have a pitched roof to the front finished in slate and a flat area to the rear. The frontage materials would be sandstone, cream render and grey zinc panels. The rear and end gable material would be cream render, copper coloured panels and areas of zinc. Doors and windows would be aluminium clad timber. Approximately 633 square metres of the Scotmid supermarket would remain. Deliveries would be carried out at the front off Gorgie Road with staff pedestrian access to the rear only. Supporting documents Design and Planning Statement Daylight Analysis These documents are available to view on the Planning and Building Standards Online Services. 2

3 3. Officer's Assessment and Recommendation Determining Issues Do the proposals comply with the development plan? If the proposals do comply with the development plan, are there any compelling reasons for not approving them? If the proposals do not comply with the development plan, are there any compelling reasons for approving them? ASSESSMENT To address these determining issues, the Committee needs to consider whether: a) the principle of the development is acceptable; b) the design of the development is acceptable in relation to the character of the area; c) the proposal adversely affects residential amenity; d) the proposal is sustainable; and e) the proposal adversely affects transport infrastructure a) The site lies within the urban area where the surrounding uses are predominately residential. Providing other local plan policies can be complied with, the principle of the development is acceptable. The proposal does not conflict with the Tynecastle Development Brief (2004). b) The mass and profile of the building are virtually the same as the neighbouring tenement. The design of the proposal achieves 5 floors within its height in comparison to the traditional neighbouring tenement's 4 floors. Although this disrupts the horizontal rhythm of windows in the street, the solid to void proportions remain sympathetic. Also the vertical alignment of the windows reflects those of the traditional tenement and an acceptable street continuity is achieved. Other linking features between the proposal and the neighbouring tenement are a small front garden of the same depth as the. existing front gardens within the street and the proposed use of sandstone on the frontage. The resultant architectural composition of the front elevation is acceptable and it will not adversely affect the character of the area. 3

4 To the rear a more contemporary approach is taken with the resultant design creating its own architectural integrity which does not adversely affect the character of the area. The end gable replicates the existing gable of the tenement in profile. The design of the proposed building is acceptable and the character of the area will not be adversely affected. To ensure that appropriate materials are used, a condition requiring the submission of samples is recommended. The removal of a section of supermarket measuring 6.4 metre high and 28 metres in depth restores a more traditional urban block layout for the area with the tenements arranged around a series of back greens. Although much of the rear of the proposal is to be taken up by car parking, the open qualities of this space behind tenements will be improved to the benefit of existing residents. The majority of the open space associated with the proposal is located on the western side of the site which helps maintain a reasonable distance between the development and the rear of the tenements in Smithfield Street; at 270 square metres (30%) of landscaping within the site, the provision more than accords with Policy Hou3 of the Edinburgh City Local Plan. Additional external amenity space is also afforded to the upper flats with the inclusion of small rear facing balconies. No details of the landscaping proposals have been submitted with the application but this can be conditioned. There are no trees within the site but there is one close to the boundary at the north eastern corner. The development will be sufficiently distant from the tree to ensure its survival and details of its protection can be conditioned. No details of boundary treatments have been submitted apart from a proposed 1 metre timber fence to the north of the site. A condition requiring boundary proposals is recommended. c) The windows to the front overlook the street with the opposing tenements being 35 metres away and there is no loss of privacy in this direction. To the rear, the nearest window to window distance is approximately 39 metres. The rear facing windows will overlook adjacent rear gardens but the nature of this back green area is that low levels of privacy exist at present. The balconies on the rear elevation project approximately 0.37 metres beyond the rear wall of the neighbouring tenement to the east. This projection will not enable oblique views to be obtained into the windows of the neighbouring tenement. In terms of overshadowing to the west, the development will overshadow an area of approximately 10 square metres beyond that created by a 2 metre boundary fence when a 45 degree angle is applied. This is a relatively small area and there will be a net improvement in this regard with the removal of the supermarket building which is over 6 metres high located on the boundary. With regard to the impact of the development upon daylight, the development would fail to comply with the application of a 25 degree angle as shown in the Council's Non Statutory Guidelines on Daylighting, Sunlight and Privacy. However, the applicants have provided a daylight analysis in relation to the tenemental property to the west where of the 120 windows tested 114 achieve a measured vertical sky component at the centre of the window of 27%. This 4

5 complies with the Council's non statutory guidelines in relational to traditionally spaced urban areas. Of the 6 windows which do not achieve 27% of the vertical sky component, the submitted information demonstrates any reduction will not be significant. It should be noted that due to the removal of the existing supermarket building, a significant number of rooms will have an improvement in their current daylight levels. In terms of the proposed changes to the location of deliveries to the supermarket to the front, concern has been expressed about the potential impact upon residential amenity. However, as the existing site does not have any commercial delivery time restrictions and because Gorgie Road is already well trafficked and subject to disturbance, a condition relating to limits of servicing the supermarket would not be reasonable or enforceable. d) The site is close to good public transport linkages on Gorgie Road and the area is well served with shops and local facilities. The building itself makes efficient use of this densely developed area and it has been stated that its construction will exceed the current Building Regulations in relation to insulation and energy use. The proposal reduces the amount of hard surface which exists on the site. No details of the proposed surfacing material for the car park have been provided. To ensure that the surface provides sustainable drainage, details relating to the car park make up and surface can be conditioned. The proposal is sustainable. e) There are no objections to the principle of the development with access, car parking and cycle provision being adequate. A condition restricting access to the rear of the supermarket to members of staff is recommended by Transport Planning but this is not enforceable and is not considered necessary as the supermarket will have the necessary security measures in place. The loading and unloading for the store will require to comply with the prevailing regulations on Gorgie Road. The consent should also not be issued until the applicants have entered into a legal agreement which will contribute the sum of 3,000 towards public transport infrastructure in the area and 2,000 towards safer routes to school. Community Council Comments Gorgie Dairy Community Council has objected to the development. Full details can be found in Appendix A. In conclusion, the principle of a residential development in this area is acceptable. The design is acceptable and the character of the area will not be adversely affected. Acceptable levels of amenity are provided for future occupants and the amenity of neighbours is protected. The proposal does not adversely affect transport infrastructure and the environmental impact is acceptable. There are no material considerations which outweigh this conclusion. 5

6 It is recommended that the Committee approves this application subject to conditions on materials, boundary treatments, landscaping and tree protection. The applicants are also required to enter a suitable legal agreement to deliver;. a contribution to local transport improvements and safer routes to school. REASON FOR DECISION The proposals comply with the Development Plan and non-statutory guidance and are acceptable. John Bury Head of Planning & Building Standards Contact/tel David McFarlane on ~ I Ward affected Local Plan Statutory A07 - Sighthill/Gorgie Edinburgh City Local Plan Urban Area Development Plan Provision i. I Date registered 3 February Scheme 1 I l I Advice to Committee Members and Ward Councillors The full details of the application are available for viewing on the Planning and Building Standards Portal: If you require further information about this application you should contact the following Principal Planner, Helen Martin, helen.martin@edinburgh.gov.uk, If this application is not identified on the agenda for presentation and you wish to request one at the Committee meeting, you must contact Committee Services by 9.00a.m. on the Tuesday preceding the meeting. Contact details can be found in the Committee agenda papers. 6

7 Appendix A Application Type Application Address: Planning Permission 236 Gorgie Road Edinburgh EH112PL DINBVRGH THE CITY OF EDINBURGH COUNCIL CITY DEVELOPMENT Proposal: Partial demolition of Scotmid supermarket and erection of 9 residential flats, car parking, access landscaping and associated works. Reference No: 12/00238/FUL Consultations, Representations and Planning Policy Consultations Culture and Leisure Archaeology Service Further to your consultation request I would like to make the following comments and recommendations concerning this application for the partial demolition of Scotmid supermarket and the erection of 9 residential flats, carparking, access landscaping and associated works. Until the second half of the 19th century the site remained open farmland on the edge of Edinburgh. With the expansion of housing into the area the front of the site was chosen as the site for Tynecastle Parish Church. This church, designed by Dick Peddie and McKay, was demolished c The potential surviving remains of the site appear to occur under the part of the store to be retained. Accordingly having assessed the remaining area's potential for containing significant unrecorded remains I have concluded that this proposal is unlikely to have any significant archaeological impact. Accordingly there are no known archaeological constraints upon this planning application. Environmental Assessment The applicant proposes to erect a block of residential flats to the rear of the Co-op retail store at the above mentioned address. The development will also incorporate the down-sizing of the retail store, ceasing all deliveries to the rear of the premises and introducing a loading bay to the front of the store, as well as associated car parking and landscaping. Historically neighbouring residents have complained to the Local Authority about noise from early morning deliveries at the rear of the store. Although the deliveries would now be made at the front of the building there is still the risk that noise could be a problem at unsociable hours, as residents live in close 7

8 proximity.. To protect residential amenity a condition is recommended to restrict the times that deliveries can be made. A condition is also recommended to address concerns regarding potential soil contaminants from the previous uses of the site as a church, car-park and wasteland. Environmental Assessment has therefore no objections to the approval of the application subject to the recommended conditions being attached to any consent. However, should all of the above conditions not be applied to any consent, Environmental Assessment will require to review the recommendation. In such event, it is imperative that the Environmental Assessment case officer is notified. 1. Deliveries and collections to the store, including waste collections, to be restricted to 0700 to 1900 hours Monday to Saturday. 2. Prior to the commencement of construction works on site: a. A site survey (including initial desk study as a minimum) must be carried out to establish to the satisfaction of the Head of Planning, either that the level of risk posed to human health and the wider environment by contaminants in, on or under the land is acceptable, or that remedial and/or protective measures could be undertaken to bring the risks to an acceptable level in relation to the development; and b. Where necessary, a detailed schedule of any remedial and/or protective measures, including their programming, must be submitted to and approved in writing by the Head of Planning Any required remedial and/or protective measures shall be implemented in accordance with the approved schedule and documentary evidence to certify those works shall be provided to the satisfaction of the Head of Planning. Transport Planning (Development Control) I have no objections to the application subject to the following conditions being applied. Prior to the issuing of consent the applicant to enter into a suitable legal agreement to make provision for the following: Contribute the sum of 3,000 towards improvements to the Public Transport Infrastructure (Reason: The proposed development will increase demand for public transport. The development is well served by public transport on the Gorgie Road corridor. The contribution will be utilised for bus stop improvements and provision of real time information boards in the vicinity of the development site. 8

9 Contribute the sum of 2, 000 towards the departments Safer Routes to School budget. (Reason: It is expected that the development proposals will attract children. The contribution will enhance the council's limited budget in providing a safe environment to encourage children to walk / cycle to school.) Conditions / Informative No pedestrian access from the rear car park to the store. Loading / unloading for the store to take place from Gorgie Road observing the appropriate regulations. The provided cycle parking to be secure and under cover A dropped kerb is to be provided at the communal bin store (Reason to aid bin collection) Parking to be communal and not allocated in title to the flats. Health and Safety Executive The site lies within the outer consultation zone for the North British Distillery Company Limited which lies to the north of the site. The HSE have been consulted on the proposal and responded as 'Do Not Advise Against' the development Resources Children and Families This site is located within the catchment areas of: * DaIry Primary School; * St Cuthbert's RC Primary School; * Tynecastle High School; and * St Augustine's RC High School. Given the small scale nature of the proposed housing development, the impact on the catchment schools should be minimal and I have no objection to the proposal. Gorgie Dairy Community Council Gorgie DaIry Community Council object to this application. All Policies referred to are in the Edinburgh City Local Plan The proposed building is out of place. It is 5 storeys, as opposed to 4 so although the height is the same, the windows are not aligned so the buildings 9

10 are not matched and the materials are not the same as the building it follows on from. This contrary to policy Des5.1 and Des11.1 This is an overdevelopment trying to cram as many flats as possible into a small an area as possible. It is felt that this contravenes policy Hou 4 and is not an appropriate change of use of the area (policy Hou 8). The fact that these are all two bedroom flats does nothing to alleviate the shortage of housing for families in the area (policy Hou2). We do not believe access via a pend is safe or efficient and that it is contrary to policy Des 3.7. The idea that Scotmid could now be serviced off Gorgie Road would mean increased congestion as lorries stop to unload. It is probable the amount of car parking will be insufficient for customers at Scotmid as well as residents and staff. Another issue is how the parking will be policed. What is to stop those coming in from outside the area using residents only parking? It is also unclear if there is enough space for deliveries and waste lorries removing rubbish. We would also like to know how bin lorries will get in and out the development. Will they have to reverse out? How will access for emergency vehicles be ensured as this is a problem in many such areas. The fact that the parking is at the back, out of sight will mean an increased risk of theft and vandalism, contrary to policy Des 4.4. The daylight survey shows that a significant number of windows will have less daylight coming through them, and neighbours will be overlooked and suffer loss of privacy and amenity. There is no modelling to show overlooking will not occur and the distance between buildings is also unclear. This contravenes policy Des11. 2 and Des 11.3, and the development will certainly not have a positive impact on the area (policy Des 1). For the above reasons, We believe this application should be refused permission as it will not benefit the area and significantly reduce neighbours amenity. Representations 10 letters of representation have been received, all objecting, including one from an MSP. Material points addressed in assessment a) Contrary to policy Material points addressed in assessment b) Loss of tree Adverse impact upon the character of the area Adverse impact upon outlook Overdevelopment of the site 10

11 Poor quality design and materials No details on boundary treatment Adverse impact upon the natural environment Material points addressed in assessment c) Loss of daylight and sunlight Loss of privacy Increase in noise and air pollution Material points addressed in assessment e) Increase in traffic and congestion Insufficient parking Full copies of the representations made in respect of this application are available in Group Rooms or can be requested for viewing at the Main Reception, City Chambers, High Street. Planning Policy The proposal lies within an area mainly allocated as being within the urban area on the Edinburgh City Local Plan. Other Policy Considerations Tynecastle Development Brief (2004) Relevant Policies: Relevant policies of the Edinburgh City Local Plan. Policy Des 1 (Design Quality and Context) sets general criteria for assessing design quality and requires an overall design concept to be demonstrated. Policy Des 2 (Co-ordinated Development) establishes a presumption against proposals which might compromise the effective development of adjacent land or the wider area. Policy Des 3 (Development Design) sets criteria for assessing development design. Policy Des 4 (Layout Design) sets criteria for assessing layout design. 11

12 Policy Des 5 (External Spaces) sets criteria for assessing landscape design and external space elements of development. Policy Des 6 (Sustainable Design & Construction) sets criteria for assessing the sustainable design and construction elements of development. Policy Env 9 (Development of Sites of Archaeological Significance) sets out the circumstances in which development affecting sites of known or suspected archaeological significance will be permitted. Policy Env 12 (Trees) sets out tree protection requirements for new development. Policy Tra 4 (Private Car Parking) requires private car parking provision to comply with the parking levels set out in supplementary planning guidance, and sets criteria for assessing lower provision. Policy Hou 1 (Housing Development) supports housing on appropriate sites in the urban area, and on specific sites identified in the Plan. Policy Hou 3 (Private Open Space) sets out the requirements for the provision of private open space in housing development. Policy Hou 4 (Density) sets out the factors to be taken into account in assessing density levels in new development. Policy Tra 5 (Private Cycle Parking) requires cycle parking provision in accordance with levels set out in supplementary guidance. Policy Tra 6 (Design of Off-Street Car and Cycle Parking) sets criteria for assessing design of off-street car and cycle parking. Relevant Non-Statutory Guidelines Non-statutory guidelines 'DAYLlGHTING, PRIVACY AND SUNLIGHT' set criteria for assessing proposals in relation to these issues. Non-statutory guidelines on "Trees and Development" provides guidance on the information required to support planning applications in respect of tree protection, the retention of trees of landscape, biodiversity or amenity significance, and encourages new tree planting where appropriate. Non-statutory guidelines on 'MOVEMENT AND DEVELOPMENT' establish design criteria for road and parking layouts. Non-statutory guidelines on 'PARKING STANDARDS' set the requirements for parking provision in developments. 12

13 Non-statutory guidelines on Developer Contributions and Affordable Housing gives guidance on the situations where developers will be required to provide affordable housing and/or will be required to make financial or other contributions towards the cost of, providing new facilities for schools, transport improvements, the tram project, public realm improvements and open space. Non-statutory guidelines 'The Edinburgh Standards for Housing' sets out principles and guidance whose aim is to achieve high quality, successful and sustainable residential developments. 13

14 Appendix B Application Type Application Address: Planning Permission 236 Gorgie Road Edinburgh EH112PL EDINBVRGH THE CITY OF EDINBURGH COUNCIL CITY DEVELOPMENT Proposal: Reference No: Partial demolition of Scotmid supermarket and erection of 9 residential flats, car parking, access landscaping and associated works. 12/00238/FUL Conditions/Reasons associated with the Recommendation It is recommended that this application be Granted by Committee, subject to the conditions, reasons and informatives stated below. Conditions:- 1. A detailed specification, including trade names where appropriate, of all the proposed external materials including car park surfacing and its make up, shall be submitted to and approved in writing by the Head of Planning before work is commenced on site. Note: samples of the materials may be required, the stated use of sandstone shall be natural sandstone and the car park surface material shall be of a porous construction. 2. Prior to the commencement of work on site, details of all the boundary treatments shall be submitted to and approved in writing by the Head of Planning. The approved details shall thereafter be implemented in full prior the occupation of the development and thereafter maintained. 3. A fully detailed landscape plan, including details of all hard and soft surface and boundary treatments and all planting, shall be submitted to and approved in writing by the Head of Planning and Building Standards before work is commenced on site. 4. The approved landscaping scheme shall be fully implemented within six months of the completion of the development, and thereafter shall be maintained by the applicants and/or their successors to the entire satisfaction of the planning authority; maintenance shall include the replacement of plant stock which fails to survive, for whatever reason, as often as is required to ensure the establishment of the approved landscaping scheme. 14

15 5. Prior to the commencement of any work on the site details of tree protection measures for the tree close to the north western boundary of the site shall be submitted to and approved in writing by the Head of Planning. These details shall be in accordance with BS 'Recommendation for Trees in Relation to Construction' and shall remain during construction. 6. i) Prior to the commencement of construction works on site: a) A site survey (including intrusive investigation where necessary) must be carried out to establish to the satisfaction of the Head of Planning and Building Standards, either that the level of risk posed to human health and the wider environment by contaminants in, on or under the land is acceptable, or that remedial and/or protective measures could be undertaken to bring the risks to an acceptable level in relation to the development; and Reasons:- b) Where necessary, a detailed schedule of any required remedial and for protective measures, including their programming, must be submitted to and approved in writing by the Head of Planning and Building Standards. ii) Any required remedial and/or protective measures shall be implemented in accordance with the approved schedule and documentary evidence to certify those works shall be provided to the satisfaction of the Head of Planning and Building Standards. 1. In order to enable the Head of Planning & Building Standards to consider this/these matter/s in detail. 2. In order to enable the Head of Planning & Building Standards to consider thislthese matter/s in detail. 3. In order to ensure that a high standard of landscaping is achieved, appropriate to the location of the site. 4. In order to ensure that the approved landscaping works are properly established on site. 5. In order to safeguard protected trees. 6. In order to ensure that the site is suitable for redevelopment, given the nature of previous uses/processes on the site. 15

16 Informatives It should be noted that 1. The development hereby permitted shall be commenced no later than the expiration of three years from the date of this consent. 2. The applicants should be aware that loading and unloading operations off Gorgie Road for the supermarket will be subject to the parking and loading regulations which are in place on Gorgie Road. Furthermore, the applicant is required to provide a dropped kerb at the communal bin store to facilitate collection and all parking within the site to be communal and not allocated by title to the flats. 3. Prior to the issue of the consent, an agreement under Section 75 of the Town and Country Planning (Scotland) Act 1997 will be concluded between the applicant to secure: a) Contribute the sum of 3,000 towards improvements to the Public Transport Infrastructure. The contribution to be utilised for bus stop improvements and provision of real time information boards in the vicinity of the site. b) Contribute the sum of 2,000 towards the Council's Safer Routes to School Budget. 4. Deliveries and collections to the store, including waste collections, to be restricted to 0700 to 1900 hours Monday to Saturday. End 16

17 AppendixC EDINBVRGH THE CITY Of EDINBURGH COUNCIL Application Type Planning Permission CITY DEVELOPMENT Proposal: Partial demolition of Scotmid supermarket and erection of 9 residential flats, car parking, access landscaping and associated works. Reference No: 12/00238/FUL Location Plan Reproduction from the Ordnance Survey mapping with permission of the Controller of Her Majesty's Stationery Office Crown Copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Licence Number The City of Edinburgh Council