PLANNING APPLICATION: 04/00154/OUT 04/00168/OUT

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1 PLANNING APPLICATION: 04/00154/OUT 04/00168/OUT In the event that a recommendation on this planning application is overturned the Committee is reminded of the advice contained on the front page of the agenda for Reports on Applications Introduction This report refers to 15 no individual applications to form 15 no. house plots, one house on each plot. The proposals are all being considered together. In planning fee terms, it is cheaper to submit 15 no. individual applications than to submit one application for the whole site area. It is for this reason that the 15no. separate applications have been submitted The Proposal 15no. applications, all in outline, to erect 15no. houses on 15 plots, one house on each plot. Public mains water supply and sewer connections proposed. Surface water drainage to soakaways within individual sites. Existing access from Linkwood Road to be used, with required visibility splay and footway to be formed by setting back existing stone boundary wall and/or cutting back vegetation. Existing internal driveways to be modified and/or extended to provide access to the individual house plots. The proposal is described as being for 'luxury houses' and 'catering for the top of the market'. However, no details are given about design, external appearance and material finishes of each house or their actual position within each plot. In layout terms, the proposal is described as being for 15 spacious, detached houses located sensitively throughout the grounds of Dunkinty House with the sites taking advantage of existing clearings and space created by removing woodland that has reached maturity. The applications are accompanied by a document, "Proposals for luxury houses in a woodland setting at Dunkinty House by Elgin". This document, in support of the proposal, includes background information and a summary of the proposal plus other information on the trees and the Tree Preservation Order (TPO), local plan policy and other issues i.e. drainage, noise and wildlife. The document includes a Woodland Survey report (October 2003) giving various details about trees that have been surveyed, including their condition, proposals for silvicultural intervention and other works such as potential management considerations. The Site Approx. 5 ha (for 15 no. plots) located within the grounds of Dunkinty House, mainly to the north and eastern sides of the House. Individual plots sizes vary from 1100 sq m (Plots 7 and 8) to 7280 sq m (Plot 2). The average size of plot is 3340 sq m but only Plots 2, 3, 9, 12, 13 and 15 exceed this average size.

2 Plots 7 and 8 are located within an existing walled garden, itself located within the grounds of the House to the north west of Dunkinty Cottage and Lodge. Both of these properties are located at the existing entrance to the site off Linkwood Road. The remaining plots are located within part of a woodland area which forms the grounds of the House. The woodland is of varying species, age and density. The site is adjoined by the existing Linkwood Distillery to the south east, Linkwood Farm and a proposed community parkland area (Elgin CF3) to the north east. To the west beyond the former railway line, is an area of agricultural land which is to be developed for community facilities and housing (Elgin CF4 and R14). The grounds of Dunkinty House are the subject of a TPO and the subject of an environmental designation, Elgin ENV10 in the Moray Local Plan Policy / Objections-Representations / Consultations - See Appendix History April 2000 Site designated in Moray Local Plan 2000 as Elgin ENV10. Together with the strategic landscaping requirements to integrate the new development at Elgin South (Elgin ENV7) and in association with the community parkland designation to the north Elgin CF3, the grounds of Dunkinty House are considered to make a valuable contribution to the environment of Elgin South boundary and access to the town from Linkwood Road. The designation makes provision for consideration of a management and protection plan and in association with CF3, a TPO to safeguard the site's amenity. At the public local plan inquiry, objections were heard in relation to the Elgin R14 and CF4 designations (to west of site), including the implications of the Elgin South development on the environment of Dunkinty House and grounds. The plan was modified with housing omitted from the Elgin CF3 and CF4 designations and a requirement added about the separation of noise and activity on adjoining sites from the grounds of the House. The Reporter considered that the extensive grounds around the House probably offered protection from any unforeseen peripheral adverse effects that might emerge during the development of Elgin South. In noting that the plan made no statement about the positive contribution of the woodland to the present or future landscape framework, the Reporter recommended that a protective ENV designation be placed on the woodland with a resolution to explore a tree management and protection plan with the owner. The Reporter considered that the concept of a mature wooded entrance to Elgin, integrated with new landscaping and amenity provision for sites R11 - R14 was worthy of support but incomplete without including the Dunkinty House woodland. In addition, the established amenity of the few houses within the area would also be retained by the designations and additional protection might be necessary for this feature of the town, by a management agreement or TPO. September 2003 Elgin South Masterplan (ESM) and associated Development Briefs (for sites, Elgin R11 - R14, CF3 and CF4) approved after public consultation. The ESM sets out the strategy for the whole of the Elgin South development area and indicates that, as part of the strategic landscaping provision, proposals must meet the requirements of environment policies Elgin ENV6, ENV7 and

3 ENV10 regarding the East Road verges, provision for strategic landscaping of main road corridors through the development between the A96 and A941 and the integration and management of existing mature woodland area linking the sites, including Dunkinty House. The ESM notes that approx. 50% of the trees are contained within the Elgin ENV10 designation. 02/01131/FUL April /00312/PE Establish community parkland and community woodlands including pathway on CF3 Linkwood Elgin; Establish community recreational area and community facilities including football pitches, site for pavilion, road and car parking layout, site for church and other community neighbourhood retail and office uses on land at CF4; Build residential development on R12 Reiket Lane Elgin at R12, CF3 & CF4 - on 23 April 2003, the Committee agreed that delegated powers be granted to approve the application subject to approval of developer contributions, the prior completion of legal agreements regarding financial contributions towards the full cost of junction improvements at specified roundabouts and the satisfactory outcome of outstanding drainage/flooding and contaminated land issues. The latter have yet to be resolved. TPO served, in recognition of the amenity value of the woodland, along with the adjoining land/proposed community parkland (Elgin CF3) to the north. The TPO covers all of the woodland i.e. all of the environmental designation, Elgin ENV10 and not just the development area as proposed here. Preliminary enquiry submitted regarding a proposed private housing development (12 no house plots and a tennis court in the walled garden), located within the grounds of Dunkinty House. Without prejudice, reference made to development plan policy, the Elgin South Masterplan and procedures associated with the processing of the application. In addition, various information identified as being required with any formal application regarding the trees (e.g. a tree survey and management plan), contamination, drainage, and nature conservation interests. At the request of the applicant's agent, a likely recommendation of refusal of permission was indicated, based on development encroaching onto prime agricultural land and the provision of housing on the environmental designation, Elgin ENV10. The resultant loss of trees would diminish the strategic environmental and amenity value and function envisaged for this woodland area, and the artificial creation of house plots and associated formal road layouts within the site would result in the diminution of the existing woodland character. In addition, the proposal would prejudice the implementation of the Elgin South Masterplan, in terms of the contribution of the site to the strategic landscaping requirements for the development of Elgin South. Furthermore, it would be premature to release further land for housing when other housing sites have been allocated and are available elsewhere at Elgin South. The proposal would also be at odds with the position advanced at the local plan inquiry about the need to protect the House and its grounds from the adjoining development. Advertisement Advertised as a departure from the development plan.

4 Observations The main determining issues are: - Departure from the Development Plan (L/IMP8) a) Impact of development on environmental designation, Elgin ENV10 (S/CF2, L/ENV18, L/ENV4, S/IMP1, L/IMP1) A substantial part of the environmental designation Elgin ENV10 would be affected by the current proposal to sub-divide and part fell the existing woodland within the grounds of Dunkinty House to accommodate 15 no. house plots. From the development plan and the ESM, the designation seeks to protect the private grounds of Dunkinty House from development and in association with the adjoining designation, Elgin CF3 for a community parkland (see application 02/01131/FUL), this woodland is recognised as forming an important and integral component of the strategic landscaping requirements for Elgin South and in maintaining the visual amenity from the Linkwood Road entrance into the town. In this case a departure cannot be supported. The proposed introduction of housing in the grounds of the House would be at odds with the position previously advanced during the preparation of the current local plan, in terms of protection from development. The introduction of housing within the grounds of the House would detract from, and prejudice the objectives and implementation of the development plan and ESM given the woodland's importance and contribution to the visual amenity of the Elgin South development. The amenity importance of the woodland is also recognised through the TPO designation. Policy S/CF2 presumes against development encroaching into amenity ground and policy L/ENV18 protects areas recognised as contributing to the amenity and environment of the builtup area and presumes against development that threatens to diminish the amenity value of the location. In this case, the proposals would conflict with these policies in terms of the presumption against the introduction of housing development into an area of recognised visual amenity. This is in addition to the protection afforded by the designation to the House and grounds from adjoining development. From the applicant's supporting document, the schematic indication given on the Layout Plan of Proposed House Sites about trees to be retained compares favourably with the areas of non /60s conifer groups identified on the submitted Woodland Survey Map. From a woodland management point of view, this conifer group is recommended for felling. Whilst the Survey details include an analysis of impact of the development, this is based on a different 12 no. plot layout as opposed to the 15 no. plots now applied for. On this basis not all the trees likely to be affected by the current proposal are included in the survey or identified for retention or removal, for example at the site access (including the required visibility splay, wall and footpath arrangements), at the access to each individual plot, or in connection with the requirements for services and utility infrastructure and amenity space around each house. The survey also indicates that with housing development additional mature trees would need to be felled on public safety grounds within the area that would otherwise be retained if the site were managed as a woodland only. The survey includes details of approx. 150 trees located along the western boundary of the grounds of Dunkinty House that are outwith the proposed plot development i.e. to the south of plot 4. Within the application site area, a 15 m depth of trees is to be retained along the western boundary but along the Linkwood Road frontage, the existing planting is less dense and a lesser

5 depth of retained tree area is proposed. As such, housing sited within the proposed cleared areas within plots 1, 2, 10 and 11 would be potentially more visible than other plots located elsewhere within the grounds of the House. Except for housing in the walled garden (Plots 7 and 8), the remaining plot boundaries and likely siting of any house thereon would be artificially created from within the woodland, often in the more 'central' part of each plot although for Plot 6, the plan indicates the existing Scots Pine area being retained in the central part of the site with trees to be removed around the perimeter. The survey concludes that the woodland would benefit from active management to allow larger mature specimens to flourish and enable the site to increase its value in terms of amenity and biodiversity. Whilst this conclusion is not in dispute, the recommended silvicultural intervention works identified in the report are stated as being made from a woodland management point of view only. The premise that woodland management could only be achieved by providing housing is not accepted, particularly when other opportunities such as the availability of woodland management grants, or similar is neither mentioned nor shown to have been considered. The woodland management recommendations outlined in the survey report are more in keeping with the element of protection afforded or identified by the designation. They would allow for the management and protection of the existing woodland without the need for additional development in the grounds of the House. The introduction of housing would result in a further reduction of amenity of the woodland and an internal change in appearance and amenity of the woodland. With this resultant diminution in existing character, this would reduce the existing mix and number of tree species that currently contribute to the existing amenity value of the woodland and form the basis of the environmental designation, and the TPO. b) Impact on Housing Land Supply (S/H1, S/H2, L/H1) The proposal will introduce new housing into the Elgin South area. This is an area into which new build housing is encouraged through various housing designations identified in the development plan and in the development briefs prepared as part of the ESM. However, Dunkinty House and grounds are subject to an environmental designation, Elgin ENV10 and are not allocated for housing, hence the departure. In this case a departure cannot be supported. Despite the proposed low density and number of houses, the Council's housing land audit figures for 2003 indicate that an established and effective housing land supply for Moray is achieved and is considerably in excess of the 5-year housing land supply requirement of policy S/H2. On the basis that there is already a sufficient land supply available, there is no need or requirement for this additional, unplanned release of land for housing within the grounds of Dunkinty House. The release of this site for additional housing would therefore be premature and could prejudice the development of allocated housing sites, including those at Elgin South. At Elgin South the allocated housing areas i.e. Elgin R12, R11, R14 and R13 are located beyond the designated community facility areas, Elgin CF3 and CF4 which adjoin Dunkinty House and on which earlier proposals for housing were omitted. Notwithstanding that some but not all of the Elgin South housing sites may already be subject to applications, the current proposal has not demonstrated that housing - even 'luxury' housing - cannot be accommodated on those adjacent housing sites. The proposed introduction of housing within the grounds of the House would be at odds with the position advanced at the local plan inquiry in terms of the need to protect the amenity of the

6 House and grounds from adjoining development. Drainage (S/IMP1, L/IMP7) Policy L/IMP7 requires a mains drainage connection for the development. However, in this case and in terms of available capacity, the existing drainage infrastructure is unable to accommodate the development. No alternative arrangements are proposed. Scottish Water have objected to the proposals. Development on prime agricultural land (S/ED5, L/ED12) At the time of receipt and based upon a survey map using an 1980s land-use classification system to evaluate the quality of agricultural land, Plots 2 6 were advertised as a departure from the development plan in terms of development encroaching onto prime quality (Class 3.1) agricultural land. However, only a small amount of such land is involved, approx. 1 ha although this would likely be reduced if the proposed area of trees to be retained within each plot is discounted. On site, the land area involved is not in agricultural use but forms part of an existing woodland which according to the applicant s agents survey data dates from the 1950/60s although some parts of the woodland were planted in According to the agent the site of the plots in question have never been in agricultural use. On this basis and for planning policy purposes it would not be reasonable to say that these plots are on prime agricultural land, hence development on these plots is no longer regarded as a departure. Recommendation Refusal. Author/Contact Officer: Angus A Burnie Principal Planning Officer Ext: Signature.... (Joe Geoghegan, Development Control Manager) R A STEWART DIRECTOR OF ENVIRONMENTAL SERVICES

7 APPENDIX POLICY Moray Structure Plan and/or Moray Local Plan 2000 ENV10 Dunkinty House Grounds In association with CF3 this site makes a valuable contribution to the environment of Elgin's southern boundary and the access to the town on the Linkwood Road. The Council will pursue a tree management and protection plan for the site and in association with CF3 will consider the serving of a Tree Preservation Order to safeguard the sites amenity. CF3 Reiket Park This area contains open grassed areas, specimen trees and woodland and is reserved for the formation of a public park in association with the development of R12 and the landscaping provisions for the southern expansion of development land in Elgin (see ENV7 and ENV10). CF3 in association with ENV10 has the role of: a) maintaining the visual amenity on the Linkwood Road entrance to Elgin; b) providing informal recreational parkland and open space; c) providing an integral component in the southern edge landscaping of the town (ENV7); The Council will explore a tree management and protection plan for the site as part of its adoption as public parkland. ENV7 Landscaping New Development between A941 and A96 The development of the housing land to the south of the town (R11, R12, R13 and R14) will require comprehensive landscape treatment. A master plan shall be prepared for the entire area between the A96 and the A941 and will address the landscaped integration of new development sites with the existing Reiket Lane, Thornhill Road and Sandy Road, as well as the section of the A941 at the entrance to the town. (see CF3, CF4 and ENV10). Policy S/ED5: Safeguarding Indigenous Resources There will be a presumption against development which is likely to sterilise significant workable reserves of:- i) mineral resources ii) prime quality farm land and iii) preferred areas for forestry planting all as defined in the policies for the control of development of mineral resources, and for the development on agricultural and forestry land, in the Local Plan. Policy L/ED12: Developments on Agricultural Land In line with National Planning advice (SDD Circular 18/87) and Structure Plan Policy S/ED5 there will be a presumption against "irreversible" development on prime agricultural land

8 (Classes 1, 2 and 3.1). Proposals involving over 10 hectares of prime land, or 20 hectares of non prime land will require to be notified to the Scottish Office Environment, Agriculture and Fisheries Department. In light of the current surpluses in agricultural output, the Council will support the principle of farm diversification and generally look favourably on business proposals which provide additional income/employment on farms (this will not include housing sites). The Council will ensure that in common with other agricultural activities, agricultural developments are assessed against visual impact and amenity concerns, and will be subject to the environmental policies as contained elsewhere in the Plan. Policy S/ENV1: Approach to the Environment The approach to Environmental Policy is to conserve and enhance Moray's environmental assets, and require that new development is sensitive to siting, location, and design considerations, whether in town or country. Policy L/ENV4: Tree Preservation Orders and Controls on Trees The Council will serve Tree Preservation Orders (TPO) on potentially vulnerable trees which are of significant amenity value to the community as a whole. Within Conservation Areas the Council will not normally agree to the felling or removal of trees and advice will be sought to determine when there is a need to serve a TPO. The Council may attach conditions on planning consents ensuring that existing trees and hedges are retained or replaced. An applicant may be required to survey and identify those trees to be protected within the development site. When imposing planting or landscaping conditions on certain developments especially in rural areas, the Council will specify the use of native species of trees and will prioritise the reestablishment and extension of hedgerows and/or shelter belts. Policy S/ENV5: Built Heritage The Council will seek to conserve and promote Moray's built heritage as a valuable, but finite, resource and shall encourage enhancement, active use and access to building heritage wherever possible. In particular, the Council will aim to safeguard listed buildings, ancient monuments, archaeology and designed landscapes and will also seek to retain buildings, townscapes and artefacts which are deemed to be part of Moray's character and identity. Policy L/ENV12: Archaeological Sites The Council shall seek to protect and preserve, and where appropriate, enhance all important sites of Archaeological interest and their settings. The Council will not permit development which will adversely effect significant Archaeological Sites and when determining applications on or near such sites, the Regional Archaeologist, and other relevant bodies (e.g. The Moray Society) will be consulted to establish a site's significance in national, regional and local terms.

9 Where, in exceptional circumstances, the preservation of Archaeological features does not prove feasible, the Council shall require the excavation and the recording of a site where the primary aim of preservation has not been achieved. Where new development is proposed which will effect national or regionally important archaeological sites, developers will be required to carry out an Archaeological assessment prior to commencement of works and fund subsequent intervention. Policy L/ENV18: Public Amenity and Open Spaces The Council will protect existing 'green' space within its towns and villages which are deemed to contribute to the amenity and environment of built up areas. Within these areas there will be a general presumption against development which threatens to diminish the amenity value of individual locations. This policy should be read in conjunction with S/ENV6 and L/IMP4. Policy L/ENV22: Pollution Conditions Where there is a risk of pollution from a proposed development, which is the subject of a planning application, the council will apply conditions to a consent, or enter into an agreement with a developer, to ensure a specified reduction or removal of the pollution element and will require subsequent independent monitoring of pollution levels. Policy S/ENV8: Sustainable Urban Drainage The Council will promote the policy of Sustainable Urban Drainage (SUD), in consultation with SEPA and NOSWA by the incorporation of Sustainable Urban Drainage Systems (SUDs) acceptable to the Council and the regulating authorities. Policy L/ENV24: Surface Water Drainage: Sustainable Urban Drainage System In consultation with SEPA, NOSWA and the Council's Road Service, Sustainable Urban Drainage Systems (SUDs) will be sought on all development sites as identified in the settlement plans and on all 'windfall' sites (i.e. redevelopments and undesignated sites) accommodating in excess of 10 residential units or measuring in excess of 2,000 sq. m of non-residential development land. Settlement statements and development briefs shall identify sites where an explicit surface water management plan requires to be submitted and approved as part of the planning application. Where SUDs are proposed applicants must specify provisions for long term maintenance to the satisfaction of the Council and the regulatory authorities. Policy S/ENV 9: Flood Management The Council will work closely with the Scottish Environmental Protection Agency and North of Scotland Water Authority in the appraisal of areas liable to coastal or river flooding and will be guided by the precautionary principle. The Local Plan will:-

10 i) direct development considered of high risk to public safety away from vulnerable locations; ii) specify the criteria against which new development will be managed within areas of risk; iii) safeguard floodplains and low lying land in settlement plans from inappropriate development and ensure, where possible, that they can flood naturally; iv) identify proposals for new flood protection schemes; v) embrace a preference for the use of soft engineering solutions to flood prevention where appropriate; vi) encourage the use of Sustainable Urban Drainage Systems in the management of run off water in all new development; (vii) promote an integrated management approach to flood risk throughout the Moray area. Policy L/ENV26: Control of Development in Flood Risk Areas (i) High Risk Exclusions The Council (advised by SEPA, NOSWA and the Council's Roads Service) will direct developments considered of 'high risk' away from areas, known to be at risk from flooding and will presume to refuse applications for such proposals that fall within such areas. Proposals will be considered a high risk if they fall within areas considered by the Council to be liable to flooding and; a) represent an unacceptable threat to public safety, or b) are likely to cause unacceptable levels of pollution or contamination of flood waters if inundated, or c) may give rise to high levels of public expenditure on flood protection works. Examples of developments considered as 'high risk' would include; hospital, medical and the emergency services; special care residential developments for the physically impaired or elderly; commercial developments that involve polluting or contaminating processes such as sawmills, furniture restoration, unsecured chemical or fuel storage and distribution etc. (ii) Managed Risk Proposals The Council will seek to manage the threat from flooding for developments not considered as 'high risk'. Within this approach there is an acceptance of risk on the basis that developments must adopt appropriate mitigation measures and have the potential to make a contribution to the improvement of flood water management within the area at risk. Applications will only be approved where they can demonstrate that the development; a) has been designed to minimise risk of inundation and will not contribute to or increase the risk of flooding elsewhere. b) has adopted all reasonable measures to improve the management of flood waters on and adjacent to the site and to assist the protection of properties within the vicinity of the site. c) does not impede the flow of flood water or the ability of the floodplain to store water and to flood naturally and takes account of the impact on riparian habitat and wetland. d) incorporates building design measures and materials to assist evacuation and minimise damage from inundation. e) employs, where possible, the use of Sustainable Urban Drainage Systems in the disposal of surface water run-off to the satisfaction of SEPA and the Council, and provides for their maintenance.

11 f) can provide for the maintenance of any approved privately funded flood defence measures, to the satisfaction of the Council, (river engineering works associated with flood protection must also meet the requirements of policy L/ENV25). The Council will be advised on the acceptability of risk/mitigation measures by its Planning, Roads and Building Control Services together with SEPA and NOSWA on the basis of the precautionary principle as defined in NPPG7. Applicants may be required to submit hydrological survey and assessment information in support of their proposals and may be required to make a contribution to flood defences under the terms of policy L/F1. Policy S/H1: Approach to Housing Development New housing development will generally be directed to existing settlements and communities. It will require to be acceptable in terms of its impact on the natural and built environment, and on current or proposed infrastructure capacities. Policy S/H2: Housing Land Supply The Plan seeks to provide a minimum 5 year effective housing land supply at all times in a range of locations across the Council area. It will take account of demand, infrastructure and environmental capacities and in so doing:- i) The following housing allocations will be identified in the Local Plan in addition to the 1998 effective land supply to meet the housing shortfall up to the end of Elgin 700 houses Forres 300 houses Buckie 100 houses Lossiemouth * Keith 75 houses Elsewhere 175 houses TOTAL 1350 houses ii) The following housing shortfalls for the period will be identified indicatively within the Local Plan for long term development. They will be reviewed by the next Structure Plan Review:- Elgin 500 Alves * Urban regeneration opportunities will predominate Policy L/H1: Housing Land Allocations The housing allocations for development within each settlement, are as shown in Table 1, Column 6. The sites are identified in the Town and Village plans.

12 Policy S/H3: New Housing in Built-up Areas New housing will generally be directed to the settlements. Housing fitted in to built-up areas must be acceptable in terms of impact on infrastructure, open space and community facilities, as well as its impact on the surrounding built environment. New housing developments in built-up areas must take account of flood management issues (Policy S/ENV9), sustainable urban drainage systems and energy conservation principles. In order to encourage new housing development in built-up areas, 'brownfield' development will not be constrained by Structure Plan allowances. Policy L/H3: Servicing and Layout of new Housing Developments (i) Layout New residential areas must be designed to accommodate provision for cycling and walkways. Road layouts should reflect considerations of road safety, avoiding long straight stretches, adopting curves and bends with unobstructed sightlines and where appropriate (i.e. adjacent to play areas, schools and public halls) raised surfaces should be introduced to reduce traffic speed. Emergency vehicle access must be provided, and if public transport is to service the site, roads must be designed accordingly. In general, houses in new housing developments which require to be served by new or improved made-up public roads should not be occupied until the road is completed to a standard which satisfies the Council. Proposals must also comply with policies L/T4 (Road Access), L/T7 (Parking Standards), L/T9 (Mitigation) and L/T10 (Cycling) in Chapter 4. (ii) Drainage New housing developments must comply with the requirements of NOSWA and SEPA for connection to the public sewerage systems and the standards of disposal of waste water (see policy L/ENV24 Surface Water Drainage: Sustainable Urban Drainage System in Chapter 2). (iii) Landscaping New housing developments must provide landscaping in accordance with the site description to provide screening, enclosure, shelter, and acoustic barriers and to enhance the overall visual/environmental impact of the development. Details of maintenance arrangements will be required - see policy L/IMP4 'Maintenance of Landscaped and Amenity Areas' in Chapter 8. (iv) Recreational Space and Community Provision Housing developments which impact upon the capacities of existing community facilities such as children's play areas, recreational space, or other community services provided by the authority may be subject to Policies L/F1 (Developer Contributions) or L/F2 (Commuted Payments) in order to redress any negative impacts by upgrading existing facilities or through the provision of additional facilities. Recreational space (with equipped children's play areas if necessary) will be required to serve new developments of family sized houses. Guidelines for the provision of recreational space for all types of housing will be prepared by the Council. Redevelopment proposals for existing facilities will be guided by Policy L/CF3. (v) Energy Conservation Planning applications and development briefs for developments of 10 or more houses must include a statement on the energy conservation techniques to be incorporated in the layout and design of houses.

13 Policy S/H5: Affordable and Special Needs Housing The Council will seek to secure affordable and/or special needs housing within new housing developments by agreement with private developers and housing agencies in areas of need identified by the Community Services Department. Policy L/H7: Affordable Housing Provision Proposals submitted for housing (on designated or undesignated sites) which are above the threshold for consideration of developer contributions as described in Policy L/F1 (i.e. 10 houses or more) will be assessed for an 'affordable housing' element. The proportion of a site which the Council will expect to be used to satisfy local affordable housing needs will be commensurate with the site size and the specific extent and nature of the local needs for affordable housing. The Council will endeavour to provide affordable housing so that the benefits are passed on to serve the community in future years. The range of mechanisms under which this will be achieved may include but not be limited to:- i) that part of the site or development proposed for affordable housing use being transferred to the Council, Scottish Homes or a similar management body; ii) through the use of planning agreements and conditions; and iii) a partnership, joint venture and or other innovative arrangement between developers and the Housing Authority. The Council's Community Services Department, is to produce detailed guidance on the implementation of these mechanisms. Policy L/H8: Special Needs Housing Sites which are particularly convenient to appropriate community facilities, will be promoted for special needs housing. Permission for general needs housing will only be granted on such sites following assessment for specialist needs by Community Services and Scottish Homes. Elsewhere specialist housing uses (for the disabled, elderly, single persons etc.) will generally be acceptable on designated sites, where a mix of tenure will often be encouraged. Policy S/T1: Approach to Transportation The approach to transportation is to enhance accessibility by improving transport links and services, and to promote sustainability by advancing traffic management, cycling and walking. Policy L/T4: Provision of Road Access The Council will require that a suitable and safe access from the public highway is provided. (i) Design of Road Access Since the formation of a new access by unmade track or surfaced private road (particularly in rural areas) can often result in a scar on the landscape ( e.g. if it dissects an agricultural field, involves extensive tree felling or traverses a hillside), then unless a proposed new access is carefully designed within the landscape the proposal will be unacceptable.

14 (ii) Road Access Standards Where access to the site is by unmade/private track the Council may require it to be surfaced to a specified standard. If the access is of significant length and may serve more than one development site, some widening and the provision of passing places may additionally be imposed as a condition of any consent. (iii) Unmade Private Tracks Where a site takes access from an existing unmade private track which is outwith the ownership of the applicant and is considered to be of such a poor standard as to be unsuitable for additional vehicular traffic, the Council may consider the proposal unacceptable, unless the applicant can either:- a) secure ownership of the track to allow for improvements to be made to the satisfaction of the Council, or b) demonstrate that an appropriate agreement has been concluded with the existing owner to allow for improvements to be made to the satisfaction of the Council. (iv) Phasing of Road Improvements Where a new access roadway is to be provided the Council may require the road to be made up to a specified standard before work on the new property commences. Policy L/T7: Parking Standards Proposals for different forms of development must comply with the Council's 'Car Parking Standards' (available from the Council's Roads Service). Where development (including housing) within the defined town centre cannot reasonably supply parking on site, (or where it is appropriate not to include parking), the developer will require to comply with the Council's system for 'commuted payments' for parking. Housing development in town centres which need not provide residential parking on site, must make provision for vehicular access for deliveries and emergencies. In housing developments of over 30 houses, provision must be made for communal off-street parking, in addition to in-curtilage in order to permit the parking of large commercial vehicles away from road frontages. L/T9: Transport Impact Mitigation Where a transport assessment identifies necessary off-site improvements for the development to be able to proceed the developer will be expected to fund them by entering into a formal agreement with the Council. In addition to normal developments this will also apply to situations such as the need to upgrade off-site infrastructure related to forestry planting or harvesting. Policy L/T10: Cycle Tracks and Footpaths As part of the implementation of the Cycling Strategy and the Aberdeen to Inverness National Cycle Route, new development on designated and windfall sites will require to provide cycle tracks and footpath connection to the existing network; these may be required as part of a developer contribution (Policy L/F1) if outwith an application site.

15 Policy S/CF2: Recreational open space in built up Areas The Council will generally presume against development which encroaches onto recreational and amenity ground in towns and villages. Policy S/F2: Developer Contributions The Council will seek to secure from developers, contributions which provide a community benefit commensurate with the potential impact of their development on public facilities and amenities. Policy L/F1: Developer Contributions Where a development proposal is considered to have a measurable and potentially negative impact on the infrastructure, community facilities or amenities related to that development, the Council will seek an agreement with the developer that he redress the elements of impact by funding the provision of, or contributing towards, such mitigating works as are reasonably necessary to enable the development to proceed. If this cannot be achieved by conditions of consent, then agreements must be concluded before a consent is granted. Policy L/F2: Commuted Payments Where the Council has planned proposals to provide facilities related to, and in the neighbourhood of a proposed development, contributions by a developer justified under the terms of Policy L/F1 may be made in the form of a commuted payment to a Bond set up for that purpose. Policy S/IMP1: Development Siting, Layout and Design New development will require to be sensitively sited, designed and serviced. It should meet the following criteria:- i) its, scale, density and character is appropriate to the surrounding area; ii) it can be successfully integrated into the surrounding landscape; iii) it meets wider transportation and local site energy efficiency objectives; iv) adequate infrastructure is available or could be made available in conjunction with the development v) consideration is given to the provision of infrastructure which meets sustainable urban drainage principles using appropriate Sustainable Urban Drainage Systems; vi) adequate social and community facilities are available or could be provided in conjunction with the development; vii) it does not adversely affect nature, urban or historic conservation resources; viii) it seeks to manage flood related issues; ix) pollution is avoided, including pollution of ground water. Policy L/IMP1: Development in Built-up Areas In areas covered by this policy, (i.e. all land within settlement boundaries and rural communities), the Council will, in considering applications for planning permission, try to

16 ensure that proposals for development do not harm the general character of the surrounding area. Applications will therefore take account of the main uses of land and buildings in the vicinity, the mix of such uses and the architectural quality of the area. The main concern of the Council is to ensure that development proposals should neither conflict with nor detract from the character, amenity and design of an area. This policy will not preclude appropriate new development and is not intended solely to maintain the status quo. In interpreting and clarifying this policy, the Council will take into account the guidelines on Character, Amenity and Design. Guidelines on Character, Amenity and Design (L/IMP1) a. Character The character of an area is assessed by the; (i) (ii) (iii) (iv) main uses; appropriateness of a diversity of uses; and desirability of introducing a development which may detrimentally alter the existing balance of usage architectural style of the area. b. Amenity The amenity of an area is assessed in terms of both the people who will occupy the development site, and the adjoining occupiers. In short, new developments should be "good neighbours". Where there is an inherent incompatibility of neighbouring developments, or where remedial action cannot be made effective, applications are likely to be refused. The important aspects of amenity which the Council considers are worth protecting are:- (i) (ii) (iii) (iv) Privacy - for both the occupants of a proposed development and surrounding neighbours. Loss of privacy can be minimised by re-orientation, reducing the densities of development reducing the size of buildings, and attention to building levels or by design modifications, for example, window proportion and size. Traffic - the introduction of increased traffic movement and resulting noise, can significantly detract from the amenities of an area. General Disturbance - protection from activities which create unreasonable levels of noise, smells and other discomforts including wheeled bin locations. Sunlight/Daylight - adequate levels of sunlight and daylight, and to a lesser extent, outlook, should be safeguarded for surrounding properties and afforded to new developments. c. Design Design of new development should not only relate to the type of development in the immediate vicinity but also to the wider issues of context and setting. This need not be restrictive to new or innovative architectural expression. Applicants should, therefore, avoid design proposals which compromise the appearance of design characteristics of the surrounding area.

17 In considering the appropriateness of a design the Council will have regard to: (i) (ii) (iii) (iv) The scale of adjoining development. The materials, finishes and colours used in nearby development. Any features on or near the site worthy of reproduction, protection or enhancement, e.g. trees, hedges, views and other features of public importance. Principles of site sensitive design e.g. that pitched roofs are preferred to flat roofs, piended dormers to box dormers, vertical windows to horizontal picture windows etc., where these features predominate in an area. Policy L/IMP3: New Building Design (i) Design Principles All building development must be designed to respond adequately to the locality. Applications must meet the following requirements:- a) appropriate location in landscape or townscape b) careful placement on a site, particularly in relation to character, amenity and energy conservation c) appropriate size and form in relation to existing buildings, sky line and landform d) appropriate density, layout and orientation in relation to character, amenity, privacy of neighbouring properties and energy conservation e) sensitive use of materials and colours in relation to existing setting and environmental impact Standardised solutions to building design are not encouraged and will not be acceptable unless existing context (the design and character of the existing surroundings) suggests otherwise. Design solutions which seriously compromise the amenity and character of the area will not be permitted. Highly innovative, experimental solutions will be encouraged but may not be suitable in every situation. In certain circumstances, the Council may request written design statements explaining various aspects of design solution e.g. explaining why a particular approach has been taken, and expect applications to show new buildings in their wider relationship with surrounding properties and the site (plans and elevations/perspective/ photomontages showing adjacent buildings, trees, landform etc) (ii) Design Briefs For sites where development may have significant local impact; the Council will produce detailed Design Briefs which will provide an analysis of context and existing character and state important design principles, major factors affecting the Development and other material considerations. (iii) High Profile/Landmark Sites Where a building is either high profile or will have high impact within the townscape or open countryside, i.e. along the A class road network and high street frontages, within defined town centres, and at major visitor attractions and prominent rural locations, The Council will expect high quality solutions and may consult with bodies such as The Royal Fine Arts Commission, the Royal Institute of Architects in Scotland, the Scottish Civic Trust, Historic Scotland and the Association for the Protection of Rural Scotland, to assist with the assessment of the design impact.

18 On sites considered to be high profile, the Council will encourage applicants and landowners to sponsor design competitions prior to the submission of a planning application under the rules and procedures as advised by the RIAS Competitions Unit. (iv) Materials The Council will particularly encourage the use of materials which are sustainable. The use of salvaged or recycled material is encouraged in most circumstances subject to local situation and there is a strong expectation that traditional materials will be used on heritage structures. The Council will discourage the over use of high energy materials (i.e. those which require high energy levels to make and dispose) where alternatives can be used and is also concerned about the potential long term affects of using Tropical Hardwoods, from non-managed sources. Policy L/IMP4: Maintenance of Landscaped and Amenity Areas Applicants must demonstrate that satisfactory arrangements have been made to secure the maintenance of all landscaped and amenity space in perpetuity. Such arrangements must be put in place prior to any planning consent being issued. These arrangements shall be to the satisfaction of the Council and limited to:- i) a Section 75 Agreement (under the terms of the Town & Country Planning (Scotland) Act 1997) with a Bond in perpetuity, or ii) an Agreement leading to adoption by the Council (normally involving a capital sum equal to 1 year's maintenance x 20 with transfer of title), or iii) an Agreement to transfer title and responsibility for the provision and maintenance of the amenity and landscaped spaces to a maintenance company such as the Scottish Greenbelt Company or such other similar company constituted to secure maintenance in perpetuity, as is acceptable to the Council. Policy S/IMP2 Development Impact Assessments The Council will require environmental or transport impact assessments to be prepared as part of the submission material for significant development proposals. Policy L/IMP5: Environmental Impact Assessment The Council will require an Environmental Impact Assessment to be prepared for developments proposed within or adjacent to national and international designations of natural heritage (see L/ENV1), and for other major proposals identified by the Regulations (or by the revised Directive) which are likely to adversely affect the environment. Policy L/IMP6: Transport Impact Developers shall provide transport impact assessments for developments which may have a significant impact on traffic flows, pedestrians and cyclists and contributions shall be sought towards any mitigating transport measures shown to be necessary. All proposals must meet the requirements of policies L/T4 (Access), L/T7 (Parking), L/T9 (Mitigation) and L/T10 (Cycling) in Chapter 4 if relevant.

19 Policy L/IMP7: Drainage Impact New development must connect to a public sewer for the disposal of foul drainage if one is available within a Town, Village or Rural Community. If it is not available alternative forms of treatment may be considered and must meet with the approval of NOSWA and SEPA. The Council will promote the employment of Sustainable Urban Drainage Systems (Sustainable Urban Drainage Systems) in the disposal of surface water run-off, and unless otherwise advised by SEPA, will operate a presumption against the disposal of surface water directly to a watercourse. Proposals must meet the requirements of policies L/ENV21 (Private Waste Water Treatment and Drainage), L/ENV22 (Pollution Conditions), L/ENV23 (Private Water Supplies), L/ENV24 (Surface Water Drainage) and L/ENV26 (Control of Development in Flood Risk Areas) in Chapter 2, if relevant. Policy L/IMP8: Departures From The Local Plan Departures from the local plan will be managed in accordance with advice as laid down in Planning Advice Note 41: Development Plan Departures (The Scottish Executive). Proposals which involve substantive or significant policy changes or which are judged to involve major social, environmental or economic impacts, will be the subject of formal alteration procedures to amend the local plan. Such procedures will allow for a structural community participation input and may include a Public Local Enquiry. OBJECTIONS-REPRESENTATIONS None received in response to formal notification or advertisement procedures. In support of the proposal, the applicant s agent has submitted a document Proposals for luxury houses in a woodland setting at Dunkinty House by Elgin, the main points of which are:- Document to be read in conjunction with the individual applications, all 15 will be considered together. The TPO and local plan designation are not sufficient to secure the future of the woodland. Residential development is a realistic proposal to ensure the best of the woodland is protected for the community. A modest number of luxury houses will be provided, catering for the top end of the market, taking advantage of the high standard of amenity and privacy within the walled policies of Dunkinty and extending the choice of new accommodation within Elgin and Moray. Sites take advantage of existing clearings and spacings, to be created by removing woodland that has reached maturity and contributes little to amenity. Trees that remain, including all best specimens will be reinforced by new planting of appropriate species to maintain the overall tree cover and ambience of Dunkinty. A maintenance agreement shared between all future householders will ensure the future of the retained trees and any new planting. A woodland management plan will identify the householder s responsibility for management and maintenance of the woodland. The proposal is an effective way of achieving the local plan aim for Dunkinty, the woodland forms an important backdrop and will be maintained and low-density housing will allow a degree of public access that does not already exist. The TPO as served is somewhat general and does not specify or identify any individual trees. The applicant has commissioned a woodland survey that concluded: - The woodland is at a stage where silvicultural intervention is required to safeguard the

20 long-term condition and character of the woodland. The 1950/1960s conifer groups should be felled. Arboricultural work to the 1878 planted and specimen trees should be undertaken to maximise its life span and condition. The 1950/1960s Scots pine area should be retained. The proposed housing ties in with the suggested woodland management felling of conifer trees. The retained woodland would be windfirm and screen the development from outwith the site and thus not impact on the visual amenity of the area. The remaining woodland structure would be closer to the original 1878 policy planting and ensure that the impact on flora and fauna is minimal. The proposals demonstrate how an effective management and protection plan can be set up and sustained and do not constitute a threat to the amenity woodland. Policy Elgin ENV10 will not be breached. Dunkinty is not public open space, its amenity is enjoyed from beyond the boundary and this will not materially change. The existing mass of trees in the woodland that serves as an important backdrop will be sustained, and the development will not change this. On-going maintenance of the woodland requires commitment and funding. The management plan agreement supported and funded by prospective house owners will secure the future of the TPO. This will provide a positive balance to the prudent, largely negative regulatory controls. Trees will be protected in accordance with BS 5837 during construction. The environmental designation neither specifically allows nor precludes development. Policy L/ENV18 allows development provided all material requirements are met. This policy will not be contravened and there will be no adverse impact on prime quality agricultural land or wildlife. The small number of houses will not upset the general housing allocation for the plan area but underpin the amenity woodland to be enjoyed by the surrounding planned development of Elgin South. Dialogue is on going regarding affordable housing. In accordance with PAN 56, a noise impact assessment will be carried out regarding levels of noise relative to the Distillery. SNH has suggested that a separate badger survey will not be required as the information in the woodland survey report is sufficient. If the proposal constitutes a departure it is marginal and there is in fact no departure. CONSULTATIONS Building Control Manager, Development Services - Building warrant not required at outline stage. Environmental Protection, Direct Services - Refuse collection from two or more houses to be from nearest convenient point on private road which is tarred, adequately surfaced at all times, of adequate width and with passing places and turning areas suitable for access and manoeuvre of refuse collection vehicles. Environmental Health Manager, Development Services Based on information available, conditions recommended including provision of gas membrane to be installed under each house.