220928 -Jarvie Plant Report and Apps 1 - 4
North Ayrshire Council · 28 September 2022
Back to Local Review Body — 28 September 2022 and its agenda
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NORTH AYRSHIRE COUNCIL 28 September 2022 Local Review Body Title: Notice of Review: 22/00063/PP - Jarvie Plant, Corsehill Mount Road, Dreghorn Purpose: To submit, for consideration of the Local Review Body, a Notice of Review by the applicant in respect of a planning application refused by officers under delegated powers. Recommendation: That the Local Review Body considers the Notice of Review. 1. Executive Summary 1.1 The Town and Country Planning (Scotland) Act 1997, as amended by the Planning (Scotland) Act 2006, provides for certain categories of planning application for "local" developments to be determined by appointed officers under delegated powers. Where such an application is refused, granted subject to conditions or not determined within the prescribed period of 2 months, the applicant may submit a Notice of Review to require the Planning Authority to review the case. Notices of Review in relation to refusals must be submitted within 3 months of the date of the Decision Notice. 2. Background 2.1 A Notice of Review was submitted in respect of Planning Application 22/00063/PP - Jarvie Plant, Corsehill Mount Road, Dreghorn for the change of use of vacant plant hire premises to a retail outlet for the sale of food and drink from vending machines at that address. 2.2 The application was refused by officers for the reasons detailed in the Decision Notice. 2.3 The following related documents are set out in the appendices to the report: - Appendix 1 - Notice of Review documentation; Appendix 2 - Report of Handling; Appendix 3 - Location Plan; and Appendix 4 - Planning Decision Notice. 3. Proposals 3.1 The Local Review Body is invited to consider the Notice of Review.
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4. Implications/Socio-economic Duty Financial 4.1 None arising from the recommendation of this report. Human Resources 4.2 None arising from the recommendation of this report. Legal 4.3 The Notice of Review requires to be considered in terms of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning (Scotland) Act 2006, and the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013. Equality/Socio-economic 4.4 None arising from the recommendation of this report. Environmental and Sustainability 4.5 None arising from the recommendation of this report. Key Priorities 4.6 None arising from the recommendation of this report. Community Benefits 4.7 None arising from the recommendation of this report. 5. Consultation 5.1 Interested parties (both objectors to the planning application and statutory consultees) were invited to submit representations in terms of the Notice of Review and no further representations were received. Craig Hatton Chief Executive For further information please contact Angela Little, Committee Services Officer, on 01294 324132. Background Papers 0
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Appendix 1
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REPORT OF HANDLING Reference No: 22/00063/PP Proposal: Change of use of vacant plant hire premises to a retail outlet for the sale of food/drink from vending machines Location: Jarvie Plant, Corsehill Mount Road, Dreghorn, Irvine Ayrshire ---------------------------------------------------------------------------------------------------------------- LDP Allocation: General Urban Area LDP Policies: SP1 - Towns and Villages Objective / Strategic Policy 2 / Detailed Policy 3 -Town Centres & Retail / ---------------------------------------------------------------------------------------------------------------- Consultations: Yes Neighbour Notification: Neighbour Notification carried out on 18.02.2022 Neighbour Notification expired on 11.03.2022 Advert: Not Advertised ---------------------------------------------------------------------------------------------------------------- Previous Applications: None Appeal History Of Site: Relevant Development Plan Policies SP1 - Towns and Villages Objective Towns and Villages Objective Our towns and villages are where most of our homes, jobs, community facilities, shops and services are located. We want to continue to support our communities, businesses and protect our natural environment by directing new development to our towns and villages as shown in the Spatial Strategy. Within urban areas (within the settlement boundary), the LDP identifies town centre locations, employment locations and areas of open space. Most of the remaining area within settlements is shown as General Urban Area. Within the General Urban Area, proposals for residential development will accord with the development plan in principle, and applications will be assessed against the policies of the LDP. New non-residential proposals will be assessed against policies of this LDP that relate to the proposal. In principle, we will support development proposals within our towns and villages that: Appendix 2
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22/00063/PP a) Support the social and economic functions of our town centres by adopting a town centre first principle that directs major new development and investment to town centre locations as a priority including supporting town centre living. b) Provide the right new homes in the right places by working alongside the Local Housing Strategy to deliver choice and variety in the housing stock, protecting land for housing development to ensure we address housing need and demand within North Ayrshire and by supporting innovative approaches to improving the volume and speed of housing delivery. c) Generate new employment opportunities by identifying a flexible range of business, commercial and industrial areas to meet market demands including those that would support key sector development at Hunterston and i3, Irvine. d) Recognise the value of our built and natural environment by embedding placemaking into our decision-making. e) Prioritise the re-use of brownfield land over greenfield land by supporting a range of strategic developments that will deliver: o regeneration of vacant and derelict land through its sustainable and productive re-use, particularly at Ardrossan North Shore, harbour and marina areas, Montgomerie Park (Irvine) and Lochshore (Kilbirnie). o regeneration and conservation benefits, including securing the productive re- use of Stoneyholm Mill (Kilbirnie) and supporting the Millport Conservation Area Regeneration Scheme. f) Support the delivery of regional partnerships such as the Ayrshire Growth Deal in unlocking the economic potential of the Ayrshire region. Strategic Policy 2 Placemaking Our Placemaking policy will ensure we are meeting LOIP priorities to make North Ayrshire safer and healthier by ensuring that all development contributes to making quality places. The policy also safeguards, and where possible enhances environmental quality through the avoidance of unacceptable adverse environmental or amenity impacts. We expect that all applications for planning permission meet the six qualities of successful places, contained in this policy. This is in addition to establishing the principle of development in accordance with Strategic Policy 1: Spatial Strategy. These detailed criteria are generally not repeated in the detailed policies section of the LDP. They will apply, as appropriate, to all developments. Six qualities of a successful place Distinctive The proposal draws upon the positive characteristics of the surrounding area including landscapes, topography, ecology, skylines, spaces and scales, street and building forms, and materials to create places with a sense of identity. Welcoming The proposal considers the future users of the site and helps people to find their way around, for example, by accentuating existing landmarks to create or improve views (including sea views), locating a distinctive work of art in a notable place or making the most of gateway features to and from the development. It should also ensure that appropriate signage and lighting is used to improve safety and illuminate attractive buildings. Safe and Pleasant
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22/00063/PP The proposal creates attractive places by providing a sense of security, including by encouraging activity, considering crime rates, providing a clear distinction between private and public space, creating active frontages and considering the benefits of natural surveillance for streets, paths and open spaces. The proposal creates a pleasant, positive sense of place by promoting visual quality, encouraging social and economic interaction and activity, and by considering the place before vehicle movement. The proposal respects the amenity of existing and future users in terms of noise, privacy, sunlight/daylight, smells, vibrations, glare, traffic generation, and parking. The proposal sufficiently investigates and responds to any issues of ground instability. Adaptable The proposal considers future users of the site and ensures that the design is adaptable to their needs. This includes consideration of future changes of use that may involve a mix of densities, tenures, and typologies to ensure that future diverse but compatible uses can be integrated including the provision of versatile multi- functional greenspace. Resource Efficient The proposal maximises the efficient use of resources. This can be achieved by re- using or sharing existing resources and by minimising their future depletion. This includes consideration of technological and natural means such as flood drainage systems, heat networks, solar gain, renewable energy and waste recycling as well as use of green and blue networks. Easy to Move Around and Beyond The proposal considers the connectedness of the site for people before the movement of motor vehicles, by prioritising sustainable and active travel choices, such as walking, cycling and public transport and ensuring layouts reflect likely desire lines, through routes and future expansions. Detailed Policy 3 -Town Centres & Retail Policy 3: Town Centres and Retail Our town centres are the social and economic heart of our communities, providing jobs, homes and employment. Appropriate development within our town centres has the potential to improve their vitally and vibrancy. This can also ensure that investment in our communities is directed in a way that is most beneficial to residents, employees and visitors to our towns. In principle, we will support development in our network of centres shown in schedule 6 where it would be of a scale appropriate to that centre. For development that has the potential to generate significant footfall, we will support proposals that have adopted a town centre first sequential approach. This includes retail and commercial leisure uses, offices, community and cultural facilities and where appropriate, public buildings such as education and health facilities. We will require that locations are considered, and a reasoned justification given for discounting them, in the order of preference: o Town centres (as defined in Strategic Policy 1). o Edge of town centres. o Other commercial centres (as defined above).
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22/00063/PP o Out-of-centre locations that are, or can be made, easily accessible by a choice of transport modes. We will be flexible and realistic in applying the sequential approach, in particular where key sector and employment uses are proposed, to ensure that different uses are developed in the most appropriate locations. It is important that community, education and healthcare facilities are located where they are easily accessible to the communities that they intend to serve. We recognise that for some uses, such as sports centres and schools, a town centre location may not always be the appropriate location for them, particularly where sports pitches are part of the proposal. When a development is proposed within our Network of Centres, we will support proposals which positively contribute to: o The role and function of the centre within the network, including by addressing an identified opportunity. o Quality of character and identity that creates a shared sense of place for users, visitors and residents o Community well-being, including by supporting the integration of residential uses and by enhancing links with surrounding residential areas and tourist attractions via the road and path network with associated blue & green network. o Vitality, viability and vibrancy of the centre, supporting it as a place for business to locate, expand and flourish by enhancing and diversifying the mix of uses including supporting economic and social activity. o Our important retail streets/areas (as described in schedule 6 and in our Town Centre Audits), recognising the fragile nature of some of our retail areas. o Accessibility of the town centre including considering the location of regular rail and bus routes. In principle, we will also support proposals which align with town centre strategies and we will continue to encourage other regeneration initiatives, such as Conservation Area renewal projects, which improve the quality, accessibility and perception of town centre environments. Description Planning permission is sought for the change of use of vacant plant hire premises to a retail outlet for the sale of food/drink from vending machines at Jarvie Plant on Corsehill Mount Road in Dreghorn. The site relates to an area of approx. 0.15 hectares. There is existing vehicular access from Corsehill Mount Road and parking provision within the site. A total of 17 no. car parking spaces are proposed by the applicant within the site, including 1 no. accessible space and a bike rack/storage to the front of the building. The building covers approx. 210 square metres. The applicant submitted a supporting statement. It states that the proposed business intends to collaborate with local farmers to deliver fresh milk through the vending machines and build a brand around this concept by offering milkshakes and home baking in addition to a selection of typical vending machine snacks/refreshments and coffee.
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22/00063/PP The determination of the application was delayed between 16th March 2022 and 25th April 2022 as a revised site plan and further information regarding parking and servicing arrangements was sought by the case officer. The application site consists of a commercial unit with neighbouring units to the west of a similar use type. Dreghorn Fire Station is located to the east and a large car dealership is located on the opposite side of Corsehill Mount Road. Greenwood Academy is located further along the road to the northeast. Corsehill Mount Road is a B class road (B7081) and one of the primary connections between Irvine and Dreghorn. A public footpath runs along the front of the site, adjacent to the Corsehill Mount Road. The National Cycle Network Route 73 is located to the north of the site beyond the car dealership and Greenwood Academy, with several foot/cycle paths connecting the route to Corsehill Mount Road. The application site is located within the General Urban Area within the settlement boundary of Irvine as identified in the Adopted Local Development Plan (LDP). Therefore, the Towns and Villages Objective of Strategic Policy 1 (Spatial Strategy) applies. The application requires to be considered in accordance with Strategic Policy 2 (Placemaking) and Policy 3 (Town Centres and Retail). Consultations and Representations Neighbour notification was carried out for this application in accordance with statutory procedures. No representations were received in response to the application. Consultations: Scottish Water - no objection. The applicant should be aware that this does not confirm that Scottish Water can currently service the proposed development. Further advice is given by Scottish Water regarding water and wastewater capacity, surface water, and general advice and next steps for all proposed developments. Response: Noted. NAC Environmental Health - no objections. Response: Noted. NAC Active Travel and Transport (Roads) - the applicant has provided insufficient information for an adequate assessment to be carried out. The applicant requires to provide a transport statement. Response: It is not considered that a transport statement is a proportionate requirement for the purposes of a change of use application in the 'local' developments category. The commercial unit was previously occupied by a plant hire business which involved frequent traffic movements into and out of the site via the existing access with the B7081. However, at the request of the case officer, the applicant submitted a revised site plan and further information detailing the proposed parking and servicing arrangements within the site. This is considered sufficient information upon which to make an assessment for an application of this type. Analysis
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22/00063/PP In terms of the Towns and Villages Objective of Strategic Policy 1 (Spatial Strategy), new non-residential proposals will be assessed against policies of the LDP that relate to the proposal. Proposals within North Ayrshire's towns and villages will be supported by the Council, in principle, where they support the social and economic functions of town centres by adopting a town centre first principle that directs major new development and investment to town centre locations as a priority including supporting town centre living. In this case, the application is not a major new development nor does the proposal represent a significant retail investment in planning policy terms. However, the application should be considered in terms of Policy 3 (Town Centres and Retail) and Strategic Policy (Placemaking). These policies will now be considered in turn. Policy 3 (Town Centres and Retail) For development that has the potential to generate significant footfall, proposals that have adopted a town centre first sequential approach will be supported by the Council. The site is not located within a town centre location. However, given its siting on the B7081 and close proximity to Greenwood Academy, several industrial/business uses, and the National Cycle Network Route 73, there is the potential for the proposed use to generate footfall by attracting employees, pupils, and cyclists/pedestrians in the immediate area, in addition to vehicular traffic from the B7081. The site is relatively isolated from Irvine town centre (approx. 2km) and from residential and other built areas in Irvine. It is situated approx. 1.3km to the west of Dreghorn Main Street (ie. the centre of the village where there is a concentration of shops, food outlets, public houses and other public-facing businesses and services). As such, the site is considered to be out of centre. Nonetheless, due to its location on Corsehill Mount Road, the site is well-connected for a variety of transport modes, including for pedestrians, cyclists, public transport and private vehicles. Given the unique and small-scale nature of the proposed retail use, it is not considered that the proposal would generate significant levels of footfall away from Irvine Town Centre. However, it is considered that the proposed use would be more appropriately located within Irvine town centre or within Dreghorn Main Street (1.3km to the east). Despite not being identified in the Network of Centres in the LDP, Dreghorn is a more built-up area, better connected for residents, and has its own commercial/retail centre along Townfoot and Main Street with several existing Class 1 units. It is considered that there is a limited number of surrounding businesses within walking distance to the application site to justify the need for a retail use in this location. There is an existing convenience store within the petrol filling station at the Newmoor Interchange Roundabout to the west, as well as several other retail shops between the site and the village centre (eg. the Co-op supermarket and West End Stores, both of which are closer to residential areas and the historic centre of Dreghorn). Furthermore, whilst connected for a variety of transport modes, it is considered that the B7081 acts as a barrier, and limits the connectedness of the site for pedestrians and cyclists, including from Greenwood Academy and the National Cycle Network Route on the other side of the road. Therefore, whilst it is acknowledged that the proposal may not generate significant footfall away from Irvine Town Centre, or from Dreghorn village centre, it is considered that there is insufficient justification for a retail use at this location, notwithstanding the vending machine format and information contained in the applicant's statement in respect of supporting local food producers. Proposals of this
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22/00063/PP type are directed in the first instance to premises within a defined town centre location or within an established village centre such as Dreghorn Main Street. The applicant has not submitted any supporting information to demonstrate that the proposal has adopted a town centre first sequential approach. The proposal does not accord with Policy 3 (Town Centres and Retail). Strategic Policy 2 (Placemaking) The stated purpose of Strategic Policy 2 on Placemaking is to ensure "all development contributes to making quality places." The policy also seeks to "safeguard, and where possible enhances environmental quality through the avoidance of adverse environmental or amenity impacts." Strategic Policy 2 (Placemaking) identifies six qualities of a successful place which all applications for planning permission are expected to meet. In this case, it is considered that the 'Safe and Pleasant,' 'Resource Efficient,' 'Adaptable,' and 'Easy to Move Around and Beyond' qualities are most relevant. 'Safe and Pleasant' It is not considered that the proposal would result in any adverse impacts in terms of noise, privacy, sunlight/daylight, odours, vibrations, or glare. NAC Environmental Health has no objections to the proposals. 'Resource Efficient' and 'Adaptable' Notwithstanding the above concerns, it is considered that the application site is adaptable for an alternative use, subject to the use being acceptable for the location in planning policy terms. 'Easy to Move Around and Beyond' It is considered that the proposal would be well connected for a variety of transport modes and users including pedestrians, cyclists, and public transport. The public footpath running along the front of the site connects into the wider footpath network within Irvine/Dreghorn and beyond and would ensure pedestrian connectivity for users in the immediate area. However, as noted above, it is acknowledged that the B7081 acts as a barrier which could limit the overall connectedness of the site for pedestrians and cyclists, including from Greenwood Academy and the National Cycle Network on the opposite side of the road. In terms of traffic generation and parking, it is noted that NAC Active Travel and Transport requested the submission of a Transport Assessment including servicing arrangements, anticipated traffic movements, and parking plan. However, for the purposes of the change of use application, it is not considered that the submission of Transport Assessment is required. Nonetheless, for the avoidance of doubt and at the request of the case officer, the applicant was asked to submit a revised block plan and further information with regards to the proposed parking and servicing arrangements. The revised block plans shows that the site can accommodate a total of 17 no. off street parking space, including 1 no. accessible space. The applicant confirmed that the spaces have been measured out on site. It is not planned to have the spaces marked on the ground. In terms of servicing, delivery vehicles would have access to the side of the building. There is an existing vehicular access from Corsehill Mount Road (B7081) and the applicant confirmed that the access is wide enough for traffic to pass with adequate sightlines at the junction. Due to the convenience nature of the proposed shop, it is not anticipated that vehicles would spend a long time at the site, thus enabling a frequent turnover of the parking spaces. Therefore, given the
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22/00063/PP above, it is considered that the proposal would not give rise to any adverse traffic or parking impacts to the surrounding area. Finally, in terms of public transport, there are bus stops to the north-west of the site on Corsehill Mount Road. Frequent services on the route are operated by Stagecoach, primarily the Ardrossan - Kilmarnock service. Therefore, given the above, it is considered that the proposal would largely meet the relevant qualities of a successful place as identified in Strategic Policy 2 (Placemaking). Nevertheless, the determining issue relates to the suitability of the location for the proposed use. As discussed, it is not considered that the proposal accords with Policy 3 (Town Centres and Retail), which would take precedence over the other material considerations. Based on the above observations, the proposal does not accord with the relevant policies of the LDP. There are no other material considerations to indicate otherwise. Therefore, planning permission should be refused. Decision Refused Case Officer - Mr Joe Thompson
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22/00063/PP Appendix 1 - Drawings relating to decision Drawing Title Drawing Reference (if applicable) Drawing Version (if applicable) Location Plan Block Plan / Site Plan
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Appendix 3
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Appendix 4
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TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 AS AMENDED BY THE PLANNING ETC (SCOTLAND) ACT 2006. TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (SCOTLAND) REGULATIONS 2013 – REGULATION 28 Caitriona McAuley : Head Of Service (Economic Development & Regeneration) FORM 2 1. If the applicant is aggrieved by the decision to refuse permission for or approval required by a condition in respect of the proposed development, or to grant permission or approval subject to conditions, the applicant may require the planning authority to review the case under section 43A of the Town and Country Planning (Scotland) Act 1997 within three months from the date of this notice. The notice of review should be addressed to Committee Services, Chief Executive's Department, Cunninghame House, Irvine, North Ayrshire, KA12 8EE. 2. If permission to develop land is refused or granted subject to conditions and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, the owner of the land may serve on the planning authority a purchase notice requiring the purchase of the owner of the land's interest in the land in accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997.