190765PP Erskine Bridge GMC DL
Renfrewshire Council · 28 May 2024
Back to Planning and Climate Change Policy Board — 28 May 2024 and its agenda
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Report by Chief Planning Officer Planning and Climate Change Policy Board: 28 May 2024 Reference No 19/0765/PP Application Type Planning Permission in Principle Proposal Erection of residential development in principle Location Erskine Bridge Hotel, Erskine Harbour, Erskine Ward 12 - Erskine and Inchinnan Community Council Erskine Community Council Applicant Cosmopolitan Hotels Limited Recommendation Refuse All plans, reports, documents and representations relating to this application can be viewed in full online at https://pl-bs.renfrewshire.gov.uk/online- applications/applicationDetails.do?activeTab=summary&keyVal=ZZZYL6MWWR919 This report fulfils the requirements of regulation 16, Schedule 2, paragraphs 3(c) and 4 of The Town and Country Planning (Development Management Procedure)(Scotland) Regulations 2013. The report is presented to the Planning and Climate Change Policy Board in line with the Council's Scheme of Delegation. In this instance, the application relates to a major development as defined within the Town and Country Planning (Hierarchy of Development) (Scotland) Regulations 2009. Proposal This application seeks planning permission in principle for residential development on a site to the northwest of Erskine town centre. A Design Statement has been submitted with the application which includes an indicative layout outlining the potential development. The indicative layout illustrates 246 dwellings and flats incorporating pedestrian and cycling links, amenity space, play facilities and a riverside park as well as vehicular access capable of accommodating buses. Site Description The site is located on the southern side of the River Clyde on the northern edge of Erskine within the grounds and adjacent to the Muthu Hotel and spa. The existing hotel car park forms part of the application site and an alternative car parking area within the grounds of the hotel would accommodate the parking needs for the hotel. The site extends to approximately 7.8 hectares and generally slopes downwards from the western boundary to the east towards the River Clyde. The majority of the site comprises of grassland, trees, some hardstanding and part of the existing hotel car park. There is an overhead electricity pylon that traverses the southeastern corner of the site. Vehicular access to the development would be via the northwestern arm of the Barholm roundabout and from Kilpatrick Drive to the south. Whilst both roads link to the A726, which borders the site to the west, Kilpatrick Drive provides a direct route to Erskine Town Centre. Although most of the site comprises scrub land, grassland and wooded areas designated within the Adopted Renfrewshire Local Development Plan as a Transition Area, there are two
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Sites of Importance for Nature Conservation (SINCs) Erskine Hotel Wood SINC, located in the north west of the site and Erskine Old Lane SINC which bounds the south east of the site adjacent to the River Clyde walkway. Erskine Hotel Wood Tree Preservation Order (TPO) was designated in 2022 to protect the trees within the Erskine Hotel Wood, which broadly equates to the area also covered by the Hotel Wood SINC, and contained within the application site. This comprises a broad leaved woodland dominated by Sycamore and Ash, but which has a variety of other tree species in the canopy, including Wych Elm, Horse Chestnut, Silver Birch, Downy Birch, Pedunculate Oak, Crack Willow, Lime, Alder, Beech and a single Yew. A second Tree Preservation Order was designated to protect the trees within Old Lane SINC and other trees that are within the south east of the application site that bound the SINC. This woodland comprises a mixture of mainly native and fast-growing tree species with an element of non-native deciduous trees including Grey Alder and Hornbeam. The main species within the area are Ash, Silver Birch, Grey Willow and Goat Willow. Adjoining the site to the east is the Inner Clyde Special Protection Area (SPA), Ramsar Site and Site of Special Scientific Interest (SSSI). Barrhill Plantation and Boden Boo SINC are within 1km to the north and Rashielee Strip is about 450m to the south. The site is located 0.95km from Bargarran and St John Bosco Primary Schools and nursery facilities, 1.6km from Park Mains High School and 7.1 km from Trinity High School. Erskine Town Centre is located to the south of the site and connected to it by footways. A planning application Ref No: 19/0184/PP seeking detailed planning permission for the erection of 246 dwellings and flats for this site, with a layout identical to the indicative layout submitted as part of this application, was submitted in March 2019 and refused at the Communities, Housing and Planning Policy Board on 27th October 2020. A subsequent appeal, to the Directorate of Planning and Environmental Appeals (DPEA), against this refusal was dismissed in July 2021. The reporter concluded that the complete loss of the SINC woodland would be to the detriment of local biodiversity and the amenity of the local area and would conflict with local development plan Policy ENV 2 and with the criteria applied through Policy E3 which requires proposals to co-exist with existing uses and avoid any significant effect on the character and amenity of the surrounding area. However, the reporter recognised that a negative outcome to the appeal would not discount a future contribution to the housing land supply being provided from the site as supported by Policy E3 of the local development plan. Pre-Application Consultation with Officers The Scottish Government strongly encourages constructive pre-application discussions between prospective applicants and the planning authority. Pre-application discussions seek to identify key planning considerations at an early stage and help inform what supporting information is required to support a subsequent application. Discussions have been ongoing throughout the consideration of the application in relation to environmental designations which exist within and adjacent to the application site. It was understood that amendments would be proposed however to date no amended plans have been received.
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Negotiated Improvements No changes have been negotiated. Site History Application No: 23/0291/PN Description: Proposal of Application Notice for Residential development Decision: Accepted Application No: 19/0184/PP Description: Erection of residential development comprising 246 dwellinghouses and flats, with associated infrastructure, open space and landscaping Decision: Refused Application No: 19/0342/CL Description: Use of ground as car park. Decision: Grant Application No: 19/0348/PP Description: Formation of car park hardstanding Decision: Grant Application No: 18/0176/NO Description: Erection of a residential development, associated infrastructure and landscaping Decision: Accepted Application No: 18/0270/EO Description: Request for screening opinion on need for Environmental Impact Assessment for erection of residential development Decision: Not required. Consultations Glasgow Airport Safeguarding - has indicated that the proposed development could conflict with safeguarding criteria unless appropriate conditions are imposed to control the location, height, layout, form, materials and landscaping of the development. Design Services (Flooding) - At the time of receipt of the application the Flooding Officer had no objection. However, it is recognised that since the application has been submitted the flooding information submitted has not been updated given the period that has elapsed since receipt and it does not consider the requirements of NPF4 or the River Clyde Model Update Technical Report by Fairhurst dated December 2021 required by SEPA. Therefore, the information provided at this time is inadequate to fully assess this matter at this time. Children's Services - No objection subject to a S75 agreement to secure a financial contribution in respect of education provision. S.E.P.A - No objection so long as the following conditions are imposed to control the development: 1. To comply with National Planning Framework (NPF4), the proposed development footprint should be kept out with the 1:200 year +CC (climate change) flood extent, as recommended in the flood risk assessment (FRA)
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2. A freeboard allowance of 0.82m is to be applied to the design flood level to inform finished floor levels for the development. 3. An Invasive Non-Native Species management plan requires to be submitted and approved before development commences. Environment, Housing & Infrastructure (Env. Protection) - No objection so long as appropriate conditions are imposed to ensure a site investigation and remediation strategy and implementation plan are submitted and thereafter on completion of any work required this is verified. In terms of noise the proposed development will result in the introduction of a noise sensitive development to an area that could be affected by noise from the adjacent hotel and by road noise and a new noise assessment requires to be carried out using appropriate methodology and taking quantitative and qualitative means of assessment. The noise impact assessment submitted by REC Ltd is not accepted and issues remain unresolved. In terms of lighting, external lighting associated with the hotel and car parking may adversely affect the residential development and a survey requires to be submitted to determine the impact of external lighting/floodlighting on the proposed development. NATS - No objection. Chief Executive's Service (Roads Development) – No objection subject to conditions. West Of Scotland Archaeology Service - No objection so long as a condition is imposed to ensure the developer secures the implementation of a programme of archaeological works in accordance with an approved written scheme of investigation. NatureScot - No objection so long as a condition is imposed to ensure the works are undertaken fully within the period during which there are no redshank or other protected wintering birds are likely to be present on the Inner Clyde (16 March to 15 September inclusive) or if works are to take place during this period acoustic and visual screen barriers are put in place between the works site and the SPA. In addition to this, appropriate conditions would require to be imposed to control piling, night lighting, the approval of a Construction Environment Management Plan and installation of post development informational signage informing new residents and visitors how to protect the nature conservation of the area. NatureScot also advise that an appropriate assessment requires to be carried out as a result of the proposal’s proximity to the SPA. This is considered below. NatureScot also highlight that a large proportion of the area proposed for new housing as part of the development is identified as a SINC and advise that SINC allocations being removed as part of any development proposal would set a very unwelcome precedent and would be extremely challenging to accommodate in a manner that complies with the Council’s statutory Biodiversity Duty as detailed in Section 1(1) of the Nature Conservation (Scotland) Act 2004. The potential for significant felling of well-established semi-natural woodland is also highlighted as a concern. The proposal’s impact on local ecological interests will be assessed below. Scottish Gas Networks - No response. Scottish Water - No objection. RSPB – Object on the basis that it has not been demonstrated that the proposed development will not compromise the integrity of the Inner Clyde Site of Special Scientific Interest (SSSI). It is also considered that the proposed development will have an adverse effect on the integrity of the SPA.
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Inchinnan Community Council – Have raised concerns that any further housing developments in and around Erskine would be detrimental to the community and surrounding communities until existing infrastructure is improved. Representations The application has been publicised in line with the requirements of the relevant legislation. The following representations were received: Object - 3 Support - 0 Neutral - 0 The issues raised can be summarised as follows: ▪ The full planning application was refused for very good reasons. The situation has not changed, and the woodland and its associated ecology still require to be protected. ▪ The site is even more protected now by the addition of a Tree Preservation Order. ▪ Allowing the felling of a mature deciduous woodland would result in a huge loss of biodiversity, damage and fragment a key wildlife corridor and result in the loss of vital green open space to existing residents. ▪ The two SINCs now have TPO status and the Hotel Wood SINC and Old Erskine Lane SINC is on the native woodland survey for Scotland, the SSSI and SPA are all under threat. ▪ The proposal would negatively impact the amount of native woodland in the area as well as its mental health benefits. ▪ The site is prone to flooding thus connectivity is compromised at the waterfront due to tidal flooding and rising sea levels. ▪ Public services and public transport are already compromised, and more cars would further stress our broken infrastructure and increase air pollution. ▪ The proposal would not meet current standards including the new National Planning Framework 4 given the proposed development is both on an area prone to flooding and would remove a woodland. Policy Context In making any determination under the Planning Acts, regard is to be had to the development plan unless material considerations indicate otherwise. In this instance the Development Plan consists of National Planning Framework 4 (NPF4) and the Renfrewshire Local Development Plan (2021) (LDP). The following provisions of the Development Plan are considered relevant to the determination of this application: National Planning Framework 4 Policy 1 - Tackling the climate and nature crises. Policy 2 - Climate mitigation and adaptation Policy 3 - Biodiversity Policy 4 - Natural places Policy 6 - Forestry, woodland, and trees Policy 13 - Sustainable transport Policy 16 - Quality homes Policy 18 - Infrastructure first Policy 22 - Flood risk and water management
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Full details relating to the policies of the NPF4 can be found online. Renfrewshire Local Development Plan Policy ENV2 - Natural Heritage Policy I1 - Connecting Places Policy I3 - Flooding and Drainage Policy I7 - Zero and Low Carbon Buildings Policy I8 - Developer Contributions Policy E3 - Transition Areas Policy P3 - Housing Mix and Affordable Housing Policy P6 – Open Space Full details relating to the policies of the LDP can be found online. Other relevant policies and guidance New Development Supplementary Guidance: Delivering the Environment Strategy Delivering the Places Strategy Delivering the Infrastructure Strategy Renfrewshire Planning and Development Tree Policy 2022 Scottish Government Appeal Decision Notice PPA-350-2037 Developer’s Contributions (Education) – Draft Planning Guidance Submitted Reports and Assessments In assessing and reporting on a planning application the Council is required to provide details of any report or assessment submitted as set out in Regulation 16, Schedule 2, para 4(c) (i) to (iv) of the Development Management Regulations. The following reports have been submitted in support of the application, and can be summarised as follows: Noise Impact Assessment Erskine Hotel 2019 - This report contains a series of noise surveys completed in order to determine the existing levels of sound across the site due to road traffic noise associated with the A726 and entertainment noise arising from the hotel to the north. Transport Assessment 2018 - The Transport Assessment has been prepared to assess the expected implications of this development on the surrounding transport network. It concludes that the proposed development is in accordance with current Government policy, with regard to the ability to integrate the development into existing and planned networks for pedestrians, cyclists and public transport and that access to sustainable transport networks is within the vicinity, in accordance with Local Transport Strategy aims. Through predicted impacts of development traffic generation and taking account that the development would be accessed from either of the two existing roundabouts positioned at the northern and southern boundaries of the site, it is predicted to operate within capacity. Design Statement 2019 – This statement claims that the design for Erskine has developed from a desire to create a development which connects the site and existing residential developments in the local area to the waterfront whilst embracing the design principles of Designing Places and Designing Streets. It states that the existing and proposed
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landscaping enhance the development’s setting which is in keeping with the environment and its surroundings. Flood Risk Assessment 2019 - The Flood Risk Assessment describes the proposed works; the baseline flood risk on site; the implications of the development on flood risk; and how the proposed works should be undertaken to comply with Scottish Planning Policy. It concludes that development has been limited to land out with the 1 in 200 year flood extent and the extent of development will be dictated by the flood contours established as part of this FRA, in line with SEPA guidance and Scottish Planning Policy. In order to provide the required level of protection, it is recommended that all development have a finished floor level that equates to the 0.5% AEP plus climate change level with an additional 300mm freeboard. The finished floor level of all properties should therefore be set at or above 5.7m AOD and access roads should be set at a minimum of 5.4m AOD. Drainage Strategy Report 2018 - This report outlines the proposed drainage design requirements and considerations taken in developing the drainage strategy to service the site. It states it has been written to recognise the requirements of Renfrewshire Council, Scottish Environmental Protection Agency (SEPA), Scottish Water (SW) and current best practice. Pre-Application Consultation Report - This report outlines the community engagement undertaken by the applicant during the pre-application consultation period and demonstrates compliance with statutory requirements. Habitats Regulations Appraisal (HRA) Screening Report 2019 - This HRA screening assessment is the first stage of a potential four stage process in considering the effects of a development on a European designated site. This HRA screening report considers the effects of the proposed development on the Inner Clyde SPA and Ramsar and whether it is likely to result in any of the threats or pressures listed on the 'Natura 2000 - Standard Data Form for the sites. The report notes that the proposed development site comes within 30 metres of the boundary of the Inner Clyde European Special Protection Area (SPA) classified for its population of non-breeding (wintering) redshank qualifying interest. The SPA’s status means that the requirements of the Conservation (Natural Habitats, &c) Regulations 1994 as amended apply. Consequently, Renfrewshire Council is required to consider the effect of the proposal on the Inner Clyde SPA before it can be consented (commonly known as a Habitats Regulation Appraisal or HRA) In addition, the report notes that Redshank on the Clyde estuary are known to be displaced from feeding habitat by activities associated with development occurring with a distance of up to 150metres. It is NatureScot’s view that the proposal is likely to have a significant effect on the qualifying population of overwintering redshank of the Inner Clyde SPA. Consequently, the Council is required to carry out an appropriate assessment in view of the site’s Conservation Objectives for its qualifying interest. NatureScot have advised that on the basis of the information submitted by the applicants, if the proposal is undertaken strictly in accordance with appropriate mitigation measures, then the proposal will not adversely affect the integrity of the site. It should be noted however that the RSPB do not support this conclusion. Preliminary Ecological Appraisal 2018 - This report comprises a desk study, a Phase 1 habitat survey and a protected species walkover survey to inform an assessment of the nature conservation value of the site and to identify any potential constraints to the development proposals. It concludes that no evidence of protected species was recorded, although the occasional presence of badger and otter cannot be totally discounted. It is
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recommended that during construction work, all deep excavations and pipes are covered when not worked and shallow excavations should have a ramp or suitable means of escape. No potential bat roosts were identified within the site with more than negligible potential however given the potential of the site as a foraging resource or commuting corridor a suitable lighting plan should be designed for the site that should minimise light spill. Due to a typical range of common bird species it is recommended that any de-vegetation work, soil stripping or demolition of buildings should be undertaken outside of the nesting bird season where possible, or where not possible nest checks should be carried out by an ecologist immediately ahead of any the works. A number of non-native species were identified on the site and an invasive non-native species (INNS) Management Plan should be prepared in order to determine appropriate management on the site. SINC Assessment 2019 - This report comprises a Site of Importance to Nature Conservation Assessment of the Hotel Wood SINC located within the proposed development site. It concludes, due mainly to the presence of invasive species and only local species rarity that the SINC does not meet minimum thresholds for SINC status under the City of Edinburgh criteria. Scottish Ministers Direction In determining a planning application, the Council is required to provide details of any Direction made by Scottish Ministers under Regulation 30 (Directions requiring consultation), Regulation 31 (Directions requiring information), Regulation 32 (Directions restricting the grant of planning permission) and Regulation 33 (Directions requiring consideration of condition) of The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, or under Regulation 50 (that development is EIA development) of The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017. None. Planning Assessment Section 25 of the Town and Country Planning (Scotland) Act requires decisions on planning applications to be made in accordance with the Development Plan unless material considerations indicate otherwise. The Development Plan comprises the National Planning Framework 4 (2023) and the adopted Renfrewshire Local Development Plan (2021). This application seeks planning permission in principle; therefore the main considerations are whether the principle of residential development at this location is acceptable and if it has been demonstrated that the impact of the proposed development is acceptable and for this particular case the characteristics of the proposal are such that it will not have an adverse impact on nature conservation interests and the loss of trees. The fourth National Planning Framework (NPF4) provides the long-term national spatial strategy for planning in Scotland. It sets out the Scottish Government's current view on delivering sustainable, liveable, and productive places through the application of spatial principles. Policy 16 (Quality Homes) of NPF4 states that development proposals for new homes on land allocated for housing in the Local Development Plan (LDP) shall be supported. Although not specifically allocated as a housing site, the application site is designated in the Renfrewshire LDP as a Transition Area under Policy E3 which supports a range of uses, so long as they can co-exist with existing surrounding development, having no significant impact on the character or amenity of the surrounding area including avoiding any adverse effect on the integrity of any Natura 2000 site. Figure 2 within the associated New
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Development Supplementary Guidance lists the acceptable uses within each site which for this site includes residential. In light of the above, the principle of housing use on this site is supported, provided there would be no significant impact on the character or amenity of the surrounding area including any Natura 2000 site and subject to compliance with other relevant policies and considerations of the LDP. Part of the south east corner of the site is also designated as open space under Policy P6 of the LDP. This states that areas of open space, recreation provision and amenity space, as identified on the Local Development Plan Proposals Map, will be protected from development and that proposals require to be assessed in relation to criteria set out in the New Development Supplementary Guidance on Open Space. It is noted that these criteria include the requirement that the benefit of the proposed development to the public should clearly outweigh the present open space value of the site. This area of open space is also partially designated as a SINC and TPO (Old Lane SINC and TPO). It is therefore considered that the development’s impact on open space and the natural environment should be considered through assessment against Policy ENV2 'Natural Heritage'. This assessment will also consider the development’s impact on any Natura 2000 site. Policy ENV2 of the LDP states that proposals should protect and restore degraded habitats, enhance and promote access to Renfrewshire's natural environment and minimise any adverse impacts on habitats, species, network connectivity or landscape character. All proposals will be assessed in terms of the mitigation hierarchy, the cumulative impact of development based on the precautionary principle and should protect and where possible enhance; European and Ramsar Sites, protected species, SSSI’s, wild land, LNR’S, SINCs and wildlife corridors, biodiversity, landscape character and setting, Clyde Muirsheil Regional Park and trees, including those covered by a Tree Preservation Order. Delivering the Environment Strategy of the New Development Supplementary Guidance provides further guidance on assessing developments that affect the environment providing criteria for development to be assessed against. Natural heritage states that all developments require to follow the principles of the mitigation hierarchy to prevent or avoid impacts on the natural environment. If this is not possible then measures should be made to minimise and reduce any unavoidable impacts. The last resort would be the consideration of compensatory planting or habitat provision. It also considers that trees, woodlands, and forestry should be maintained and where possible enhanced throughout Renfrewshire by, amongst others, protecting ancient semi-natural woodland, along with other woodlands, hedgerows and individual trees from adverse impact resulting from development. Development will also be required to protect and where possible enhance SINCs to ensure that their nature conservation interest is maintained. Policy 3 of NPF4 'Biodiversity' seeks to protect biodiversity, deliver positive effects from development, and strengthen nature networks and considers that development proposals should contribute to the enhancement of biodiversity and also integrate nature-based solutions. Policy 4 of NPF4 'Natural Places' seeks to protect, restore and enhance natural assets making best use of nature-based solutions. It considers that development proposals that affect a site designated as a local nature conservation site or landscape area in the LDP will only be supported where development will not have a significant adverse effect on the integrity of the area or the qualities for which it has been identified which are not outweighed by social, environmental, or economic benefits.
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Policy 6 of NPF4 'Forestry, Woodland and Trees' seeks to protect and expand forests, woodlands, and trees. It states that development proposals involving woodland removal will only be supported where they achieve significant and clearly defined public benefits. Large pockets of the site are heavily wooded, and the Erskine Hotel Wood SINC is included within the application site and is located towards the north western boundary of the site. In addition to this SINC, Erskine Old Lane SINC bounds the south east corner of the site. Adjoining the site to the east is the Inner Clyde Special Protection Area (SPA), Ramsar Site and Site of Special Scientific Interest (SSSI). In addition to these natural heritage considerations the impact of the development on protected trees must also be considered. Renfrewshire Planning & Development Tree Policy, 2022, seeks to restate the importance of trees and woodlands and the vital role they play in the setting, appearance and quality of Renfrewshire’s environment, as they make a significant contribution to the economy, communities and the environment. It states that in considering proposals for new development appropriate provision must be made for the planting and preservation of trees, especially trees subject to special protection. A Tree Preservation Order (TPO) was designated in 2022 to protect the trees within the Erskine Hotel Wood, located within the application site which broadly equates to the area also covered by the Erskine Hotel Wood SINC. In addition to this, a further TPO was made in 2022, Erskine Old Lane SINC TPO located to the east of the application site. Although this TPO largely covers the SINC of that name, the TPO extends further to the west than the SINC and covers woodland within the application site, in its south eastern corner. Given that the indicative layout extends into both of these protected areas, it is considered that the development of the site could potentially result in significant tree removal and removal of trees protected by a Tree Preservation Order. While the application is for planning permission in principle and the full details of design and layout would be considered under future applications that would come forward for additional matters specified in conditions (AMSIC), the ecological information submitted in support of the application is based on the indicative layout. The indicative layout submitted in support of the application illustrates a fairly dense development with pockets of landscaping, a linear park and landscaped edges. This layout would see the loss of the Erskine Hotel Wood SINC, wholescale tree removal within the area covered by the Erskine Hotel Wood TPO and development in proximity to the Hotel without clearly defined public benefits. In addition, it is considered that the impact of the proposal in relation to the Old Lane SINC TPO whilst not as significant could potentially have an adverse effect on the westerly arm and northern boundary of these protected trees. The applicant has submitted a SINC Assessment Report, a Habitat Regulations Appraisal Screening Report, and a Preliminary Ecological Appraisal in support of the application in an attempt to justify the development of the site as illustrated in the indicative layout. The SINC Assessment seeks to justify removal of the Erskine Hotel Wood SINC for inclusion within the developable land within the site and concludes that the SINC does not meet the minimum threshold for SINC status under the City of Edinburgh criteria. This, in part, was stated to be due to invasive species, identifying that snowberry covered around 50% of the shrub layer of the woodland areas of the SINC as well as in the older portion of the woodland, and is likely having a significant detrimental effect on the biodiversity of the woodland and continues to devalue the site. It is further stated that plants and species identified within the SINC, which although common and widespread in the UK generally, may have local significance in Renfrewshire due to their rarity here and could be transplanted to another location.
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The report concluded that the retention of the Erskine Old Lane SINC combined with other woodland to the north combined with the provision of a managed grassland and native planting scheme could ensure that there are a range of managed habitats for potentially displaced breeding birds and that green links could also ensure there is a green link between the retained SINC and the mudflats and Boden Boo to the north. In this regard, the Erskine Old Wood SINC was surveyed by Renfrewshire Council in 2016, given the potential for development of the site, and while it was recognised that at present there is little or no management undertaken, and the presence of invasive species, it was recommended that the designation be retained as the site remains locally important for biodiversity. The Erskine Old Wood SINC and TPO would be removed as part of the development of the site and Old Lane SINC is also likely to be impacted. NatureScot have expressed concerns regarding the proposal’s impact on local ecological interests and on tree felling and the Royal Society for the Protection of Birds have also raised similar concerns around the loss of mature broad-leaved woodland and impact on local biodiversity value. The concerns raised by the consultees are valid material considerations that are supported within the development plan that require to be taken into account. It is clear that the community also places value on this resource in this location and that it links to other locations along the Clyde in terms of contributing to local greenspace and biodiversity. There is no evidence that this loss could be fully and comparably addressed locally particularly given the value placed on the existing mature woodland and replacement would take a significant period of time to establish elsewhere. Therefore, the approach proposed through indicative layouts and plans would not resolve compliance with local development plan requirements nor the requirements of NPF4 policies and as such it is considered that these natural heritage designations should be preserved, enhanced, and managed as part of any proposal. This view is reiterated by the reporter within the Decision letter issued in relation to the planning appeal against the refusal of planning permission for the full planning application (19/0184/PP). The application has been supported by the report 'Erskine Bridge Hotel Preliminary Ecological Appraisal (IKM Consulting, October 2018)' and a Habitat Regulation Screening Report 2019. The preliminary Assessment (Phase 1 habitat survey) was undertaken to inform an assessment of the nature conservation value of the site and to identify any potential constraints to development. The report considered the presence of the Inner Clyde SPA/Ramsar/SSSI located adjacent to the site and concluded that many of the species associated with the designation are unlikely to utilise the habitats present on the site nor likely to provide core habitats for either foraging or nesting and concluded that the proposed development would not directly affect the Inner Clyde designated sites. It discounted the presence of any protected species on the site. The Report accepts that any development within the site is likely to lead to the loss of semi- mature habitats and with the exception of the woodland areas it considered these habitats to be of local value and therefore impact on local conservation is not considered significant. NatureScot offered no objection in relation to impacts on either the SPA or SSSI provided appropriate separation distances are set and appropriate mitigation measures are employed during construction.
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Notwithstanding this, given the time that has passed since the preparation of these reports, and the conclusions drawn by the DPEA reporter on the previous application, updates would now be required to inform whether this view was still held by NatureScot. These have not been provided by the applicant. It is also noted that the RSPB objected on grounds of impact. The Habitat Regulations Appraisal Screening Report 2019 submitted in support of the application concludes that the proposal would not adversely affect the integrity of the Inner Clyde Special Protection Area (SPA). NatureScot similarly concluded that given the absence of evidence of specific redshank roosting sites or of other notable bird species, there would be no adverse impacts on the internationally important population of redshank which the Inner Clyde SPA has been classified to protect. However, RSPB Scotland have objected to the proposal primarily on the basis that it is likely to result in significant effect on the Inner Clyde Special Protection Area (SPA). RSPB state that the information submitted does not enable the Council to conclude beyond reasonable scientific doubt that there will not be an adverse effect on the integrity of the SPA. Given the age of the survey material currently lodged and comments received from the RSPB it is considered that it has not been adequately demonstrated that there would be no adverse impacts on the qualifying interests of the Inner Clyde Special Protection Area. The application site is subject to a TPO which covers an area commensurate with the Hotel Wood SINC and part of Old Lane SINC TPO also falls within the south eastern corner of the site. A proper assessment of the impact of development of the site in relation to the protected trees and to tree loss generally cannot be undertaken because the applicant, despite numerous requests, has failed to submit a tree survey as part of the supporting information. These trees contribute to the established character of the site and surrounding area. Given that most of the trees are located on the western boundary of the site where access would be taken, without a detailed tree survey the impact of the proposal on the trees cannot be properly assessed. As a result, it is considered that the proposal does not satisfy the policy requirements referred to above. For the above reasons it is therefore considered that it has not been appropriately demonstrated that development of the site for residential development would not significantly impact nature conservation interests nor lead to an unacceptable loss of trees and amenity space contrary to the requirements of Policies 3, 4 and 6 of NPF4 and Policies ENV2 and P6 of the LDP. As a result, neither does the use of the site for residential development comply with the requirements of Policy E3 of the LDP. Policy I1’Connecting Places’ of the LDP and Policy 13 of NPF4 recognise that increased access to and connectivity to walking, cycling and public transport networks is a key consideration for investing in Renfrewshire and that all developments require to ensure appropriate provision and accessibility. A Traffic Statement was submitted in support of the application making particular reference to the indicative layout. Roads Development have no objection subject to conditions regarding the connections and off-site works required to ensure the site is appropriately enhanced with good connections and linkages to the surrounding areas as well as ensuring that enhancement to the A726 is put in place to provide an attractive and safe environment for existing and new residents.
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These aspects of the proposal are detailed matters which would be considered through an AMSC application. Policy I3 of the LDP 'Flooding and Drainage' 22 of NPF4 states that development must not have an adverse impact on existing drainage infrastructure, increase the risk of flooding or result in the loss of land that has the potential to contribute to the management of flood risk. A Flood Risk Assessment and Drainage Strategy Report were submitted in support of this application and both reports were based on the indicative layout. At the time, the Council's flooding/drainage officer offered no objection in relation to flooding and was satisfied that the assessments provided by the applicant adequately demonstrated that the proposals would not have an impact on drainage or flooding in and around the site. However, it should be noted that these comments were provided before NPF4 was adopted and the applicant has not adequately demonstrated that the development of the site would meet the requirements of NPF4 and that of Policy 22 as these documents have not been updated. Policy P3 of the LDP states that development proposals that provide a mix of housing type and tenures to meet current and future housing needs and support sustainable mixed communities will be supported. While the design and access statement submitted in support of the application outlines an intention to provide a mix of housing types and tenures these aspects of the proposal are detailed matters which would be considered through an AMSC application. Policy I8 of the LDP 'Developer Contributions’ and NPF4 Policy 18 'Infrastructure First' states that contributions will be sought for infrastructure deficits. These include education provision, healthcare, traffic management and active travel, public transport infrastructure, open space, and blue/green infrastructure. However, it has to be demonstrated that these deficits and/or shortfalls in infrastructure capacity arise as a direct result of new developments. Children’s Services has advised that they have no objection to the proposed development subject to a S75 agreement to secure a financial contribution in respect of education provision. Policy 1 of NPF4 states that when considering all development proposals significant weight will be given to the global climate and nature crises. Policy 2 of NPF4 aims to encourage, promote, and facilitate development that minimises emissions and adapts to the current and future impacts of climate change and Policy I7 of the LDP seeks to ensure that all new buildings shall in meeting building regulation energy requirements demonstrate a reduction in carbon dioxide emissions by at least 15% below 2007 building standards. While the design and access statement submitted in support of the application outlines an intention to integrate low energy and sustainable design measures in the development, such matters would require to be fully explored through any AMSC application. Three letters of representation were received where concerns were raised regarding a lack of appropriate amenities and infrastructure to support more housing within Erskine, a lack of supporting information and impact on protected sites, trees and flora and fauna. These concerns are reiterated through the objections from Inchinnan Community Council and the matters raised through objection have been addressed in the above assessment. In summary, it is considered that it has not been adequately demonstrated, based on the indicative layout and ecological information provided, that the application site could accommodate a residential development of the scale proposed without significantly adversely impacting natural heritage, contrary to Policies 3, 4 and 6 of NPF4 and Policies ENV2, P6 and E3 of the LDP. Neither has it been demonstrated that extensive tree removal from the site is either justified or could be adequately compensated contrary to Policies 3, 4 and 6 of NPF 4 and Policy ENV 2 of the LDP. It is also considered that the development
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cannot be supported as the applicant has been unable to demonstrate from the information submitted that amplified noise from the Erskine Bridge Hotel and road noise from the A726 can be effectively mitigated or that flooding has been properly taken into account. It is therefore recommended that the application be refused. Section 75 Obligations The Council is required to provide a summary of the terms of any planning obligation which is required to be entered into under Section 75 of the Town and Country Planning (Scotland) Act in relation to the grant of permission for the proposed development: Should planning permission be granted Children’s Services has requested that a S75 agreement be agreed to secure a financial contribution in respect of education provision. Conclusion In view of the above, it is considered that the proposal would not accord with the relevant provisions of the Development Plan. There are no other material considerations. Planning permission should therefore be refused. Recommendation Refuse Reason(s) for Refusal 1. It has not been adequately demonstrated, based on the indicative layout provided and ecological information submitted, that the application site could accommodate a residential development of the scale proposed without significantly adversely impacting open space, the Inner Clyde SPA/Ramsar site and SSSI, Erskine Hotel Wood SINC and its TPO and Erskine Old Lane SINC TPO, contrary to Policies 3, 4 and 6 of NPF4 and Policies P6, ENV2 and E3 of the Renfrewshire Local Development Plan. 2. It has not been demonstrated that extensive tree removal from the site is either justified or could be adequately compensated contrary to Policies 3, 4 and 6 of NPF 4 and Policy ENV2 of the Renfrewshire Local Development Plan. 3. It has not been adequately demonstrated within the Noise Impact Assessment by REC dated 12 July 2019 that the impact of amplified noise from the Erskine Bridge Hotel and road noise from the A726 can be effectively mitigated and the residential amenity of any occupiers of the proposed housing can be effectively protected. 4. It has not been adequately demonstrated within the Flood Risk Assessment (FRA) prepared by Aecom dated March 2019 that the proposed development would be able to meet the requirements of Policy 22 of NPF4 and Policy I3 of the Renfrewshire Local Development Plan as the FRA does not consider the policy requirements of NPF4 or the River Clyde Model Update Technical Report by Fairhurst dated December 2021 required by SEPA. Schedule of Plans Determined Drawing Number Revision Drawing/Document Title PL-001 Planning Layout VIA-001 Rev H Viability Layout
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Map 01 Route 1 Map Map 02 Route 2 Map LP-001 Location Plan CP01 Core Paths Masterplan Indicative Masterplan Noise Impact Assessment by REC dated 12 July 2019 Flood Risk Assessment by Aecom dated March 2019 Erskine Bridge Hotel Preliminary Ecological Appraisal by ikm dated October 2018 Energy Statement by Persimmon Homes dated March 2019 Design Statement by Persimmon Homes dated March 2019 SINC Assessment by ikm dated September 2019 Drainage Strategy Report by Aecom dated February 2018 Habitats Regulations Appraisal Screening Report by ikm dated March 2019 Pre-Application Consultation Report by Persimmon Homes dated March 2019 Transportation Assessment by DBA dated November 2018 For further information please contact Clare Murray, Development Standards Team, Email: clare.murray@renfrewshire.gov.uk.