I - 24_0563_PP - Maxwellton flats FINALR
Renfrewshire Council · 5 November 2024
Back to Planning and Climate Change Policy Board — 5 November 2024 and its agenda
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Report by Chief Planning Officer Planning and Climate Change Policy Board: 5 November 2024 Reference No 24/0563/PP Application Type Planning Permission (Local) Proposal Erection of residential development comprising 48 flats with associated parking, infrastructure and landscaping Location The Institute, Maxwellton Street, Paisley Ward 4 - Paisley Northwest Community Council Paisley West and Central Community Council Applicant Westpoint Homes Ltd Recommendation Grant Subject to Conditions & S69 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=SHXVIGMWJFN00 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, Cllrs Kenny MacLaren, Mags MacLaren and MacFarlane requested that the application be determined by the Board due to concerns around the number of units proposed and the impact this would have on local roads. Proposal This application seeks consent for the erection of a residential development comprising 48 flats with associated parking, infrastructure and landscaping on Maxwellton Road, Paisley. The development would consist of a single four and a half storey block that would house 48 one, two and three bedroom flats. The C shaped block would sit on the eastern site boundary and would be finished in red facing brick and white render. An L shaped area of parking that would also house a bin store, cycle store and substation would be found to the south and west of the building. An area of amenity space would be created outside the main entrances to the flats and soft landscaping would take place across the site. Vehicular access would be taken from Maxwellton Road to the north while segregated pedestrian access would be taken from Maxwellton Road as well as Maxwellton Street to the west. Consent for a similar development with 40 flats was granted on appeal in 2018 (17/0456/PP). Site Description The application site is located at the junction of Maxwellton Street and Maxwellton Road in Paisley. The vacant brownfield site measures approximately 0.4 hectares. Boundary treatments consist of a red brick wall and a mixture of evergreen and deciduous trees. The site is bound by St Mary's Primary School to the north and the Spinners Gate Resource Centre to the west. Residential properties are found to the east and south. Pre-Application Consultation with Officers
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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. Pre-application discussions have taken place, focusing on the principle of developing the site, active travel links and education provision. Negotiated Improvements No changes have been negotiated. Site History The planning history for the site is as follows; if no history is listed then planning has no record of previous applications for the site. Application No: 24/0475/EA Description: Request for screening opinion as to the requirement for an Environmental Impact Assessment relating to the erection of 48 flats, parking, access, landscaping and associated infrastructure Decision: Environmental Assessment Not Required Application No: 17/0456/PP Description: Erection of 40 flats, formation of parking and landscaping Decision: Refused (granted on appeal) Application No: 17/0454/LB Description: Demolition of former school building Decision: Refused (granted on appeal) Application No: 16/0812/PP Description: Erection of 40 flats, formation of parking and landscaping Decision: Withdrawn Application No: 16/0750/LB Description: Demolition of former school building Decision: Withdrawn Application No: 12/0090/PP Description: Variation of Condition 1 attached to planning permission 09/0700/PP to extend the time period for starting the works. Decision: Grant subject to conditions Application No: 09/0700/PP Description: Extension of planning consent 07/0282/PP for restoration and conservation of existing facade to Maxwellton Street and incorporation within new build residential development of 40 flatted dwellings and associated landscaping and parking for a further 2 yea Decision: Grant subject to conditions Application No: 07/0283/LB Description: Restoration and conservation of existing facade to Maxwellton Street and incorporation within new build residential development of 40 flatted dwellings and associated landscaping and parking. Decision: Grant subject to conditions
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Application No: 07/0282/PP Description: Restoration and conservation of existing facade to Maxwellton Street and incorporation within new build residential development of 40 flatted dwellings and associated landscaping and parking. Decision: Grant subject to conditions Consultations Chief Executive's Service (Roads Development) – supports the principle of the development but objects on the grounds that stronger active travel links have not been provided. Environment, Housing & Infrastructure (Env. Protection) - no objection subject to conditions relating to contaminated land remediation and noise mitigation. Scottish Water - no objection. Children's Services - no objection subject to a financial contribution being secured in respect of additional pupils generated for St Andrew's Academy. Representations The application has been publicised in line with the requirements of the relevant legislation. The following representations were received: Object - 2 Support - 0 Neutral - 0 The issues raised can be summarised as follows: 1. The removal of trees would cause overlooking concerns for the dwelling to the south. 2. The development would overshadow nearby properties. 3. The development would obstruct views from neighbouring properties. 4. There is too much social housing in the area. 5. The flats would be too small. 6. The communal area would be too small. 7. Parking provision would be insufficient. 8. The plot would be overdeveloped. 9. Traffic flow on Maxwellton Road would be negatively affected. 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 14 - Design, quality and place Policy 15 - Local Living and 20 minute neighbourhoods Policy 16 - Quality homes Policy 22 - Flood risk and water management Policy 9 - Brownfield, vacant and derelict land and empty buildings Policy 13 - Sustainable transport
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Full details relating to the policies of the NPF4 can be found online. Renfrewshire Local Development Plan Policy P1 - Renfrewshire's Places Policy P2 - Housing Land Supply Policy P3 - Housing Mix and Affordable Housing Full details relating to the policies of the LDP can be found online. Other relevant policies and guidance Delivering the Places Strategy - Creating Places Renfrewshire's Places Residential Design Guidance Renfrewshire Planning & Development Tree Policy 2022 Developer Contributions (Education) - Draft Planning Guidance Submitted Reports and Assessments The following reports and assessments were submitted in support of the application: Arboricultural Report - outlines the condition of the trees found within the application site, provides justification for those that need to be felled and details how those that will remain should be protected during construction. Design and Access Statement - provides rationale for the development, including justification of the design of the building and layout of the site. Ecological Appraisal - considers the likely impact of the development on ecological receptors across the development site and in neighbouring areas. Noise Impact Assessment - considers the impact nearby sources of noise would have on the development and outlines mitigation measures to be put in place to ensure the amenity afforded to those living in the flats is of an acceptable standard. Phase 1 Desk Study Report and Coal Mining Risk Assessment - examines the geo- environmental conditions and provides advice on the scope of Phase 2 investigations. Planning Statement - provides the applicant's justification for the development. Statement of Energy - outlines how the development achieves a 46% improvement on 2010 emissions standards. Transport Statement - justifies the parking provision and active travel links to be provided. Flood Risk Assessment and Drainage Strategy - provides details on flood risk and the surface water runoff attributed to the development. The Drainage Impact Assessment proposes a surface water management strategy in accordance with SUDs whilst ensuring no increase of flood risk to offsite receptors. 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)
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of The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017. None. Planning Assessment Policy 16 of NPF4 provides support for new homes on land allocated for housing in the Local Development Plan. As Policy P2 of the Renfrewshire Local Development Plan identifies the site as contributing to the 5-year supply of effective housing land it is considered that the policy complies with Policy 16 of NPF4. The site is also covered by Policy P1 of the Local Development Plan. This supports the continuance of built form, where the development would be compatible with and complementary to surrounding uses. Given residential properties are found nearby and the non-residential uses within the vicinity of the site consist of a school, hospital and residential centre it is considered that the principle of residential development on the site is acceptable. However, detailed consideration of the proposed development against the provisions of the New Development Supplementary Guidance and the Residential Design Guide is required. These documents set out a range of considerations that form the basis of good place design. Each consideration will now be assessed in turn. Context and Character The application site is located within a well established urban area that is comprised of a mixture of uses. The design and scale of residential properties found nearby is mixed, with a low density modern residential estate found to the south and three and four storey high blocks of flats found to the west beyond the Spinners Gate Resource Centre. The residential properties to the east of the site form part of the Castlehead Conservation Area but are well separated from the site by Maxwellton Street, national cycle route and a strip of mature vegetation. The school immediately to the north of the site is of a two storey construction while the resource centre to the west is a relatively modern single storey structure. Finishing materials vary, with a combination of brick and render used throughout the area. The proposal is therefore considered to respect the character of the wider area. The development would be of a similar design, scale and finish as the flats to the west but would not be an incongruous addition when viewed next to the school or resource centre. Although the resource centre is only single storey, the block itself would be to the opposite side of the plot as the resource centre with parking and landscaping found in between. This means the development would not dominate over the resource centre. Access and Connectivity The application site is located within a well established, permeable block structure that would afford residents with vehicular and active travel links to the wider area. Segregated vehicular access would be taken onto Maxwellton Road to the north, with parking provision limited to encourage residents to make use of existing well defined active travel links. Roads Development have objected on the grounds that the proposal does not enhance existing active travel links to make up for the fact that the proposal would not provide the
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required number of parking spaces. As per the National Roads Development Guidance, the number of parking spaces required for a development of this size is 112. This matter has been discussed extensively with the applicant. Reducing the number of units would impact on the financial viability of the proposal while large amounts of carparking would raise design concerns to the point that the development could be deemed contrary to Policy 14 of NPF4 on the grounds that it would not create an attractive built environment. It is also noted that the previous consent for the site (17/0456/PP) provided 40 parking spaces for 40 units. It is therefore accepted that limited parking provision is required to allow the brownfield site that has been vacant for a number of years to be brought back into use. 38 spaces would therefore be provided, as would a cycle store with space for 48 bikes. The parking provision at the site would be similar to the level provided for the existing blocks of flats to the west. Pedestrian access would be taken onto Maxwellton Road to the north as well as Maxwellton Street to the east. These access points would provide connections to existing bus routes as well as National Cycle Route 75 that leads directly towards Paisley Canal Railway Station and Paisley Town Centre beyond. The site's location means services such as schools, the Royal Alexandra Hospital and retail and leisure facilities would all be within easy walking distance. The proposed density of the development would help support these services as well as the existing public transport options that serve the site. The development therefore helps contribute to local living in line with the requirements of Policy 15 of NPF4. The proposal is therefore considered to comply with Policy 13 of NPF4 in that the transport requirements generated by the development have been considered in line with sustainable travel hierarchies. While space for vehicles is provided, residents would be encouraged to make use of existing active travel links where possible. The proposal also complies with Policy 14 of NPF4 in this regard in that the site has been designed to make moving around easy and reduce car dependency. Layout and Built Form The block would be located to the east of the site, with the main elevation running along the eastern site boundary. The presence of pedestrian access into the development and two doors into the flats on the eastern elevation would help activate this section of Maxwellton Street. The block would sit off the northern site boundary by approximately 5 metres due to the presence of mature trees but would still be visible from the street and would help better define the corner. The development would introduce passive overlooking of both Maxwellton Street and Maxwellton Road, helping those walking through the area to feel safer. It is considered that the proposal complies with Policy 14 of NPF4 in this regard. An area of amenity space would sit centrally within the site and would complement the design of the block itself. This would provide residents with an area of outdoor space in addition to the nearby Maxwellton Park which is found beyond the primary school to the north. Parking as well as bin and cycle storage would be provided to the south and west of the block itself. Their position in relation to the block would mean they are largely screened from
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the streetscape. Bin lorries and other large vehicles would be able to service the development safely. Roads Development have not objected on road safety grounds. The development would result in a vacant brownfield site being brought back into active use, in line with Policy 9 of NPF4. Bringing the site back into use would in itself improve the general amenity of the surrounding area. Overall, it is considered that the form of the proposed development would be compatible with the surrounding built environment. Environment and Community Pockets of formal landscaping would be found across the site. This would help tie the development into its surroundings and break up areas of hardstanding. As the landscaping helps create an attractive built environment in line with the requirements of Policy 14 of NPF4, a condition can be added to ensure it is implemented. Where possible, existing trees that are found within the site would be retained - with the applicant proposing to carry out remedial work such as removing dead branches and clearing ivy in line with the recommendations of the Arboricultural Report. However, the Arboricultural Report details that the felling of a number of trees in the southwest corner of the site would be required. Some would be removed as they are in poor condition and are beginning to damage an existing boundary wall while others would be removed as construction works would severely sever their roots. Given the wider landscaping that will take place across the site - including the planting of replacement broadleaf deciduous specimens - it is considered that the felling is acceptable in line with Policy ENV3 of the LDP and the Council's Planning & Development Tree Policy. A Drainage Strategy has been provided to ensure surface water is dealt with in an appropriate manner. A condition can be added to ensure the approved strategy is implemented on site. The proposal is therefore considered to comply with Policy 22(c) in this regard. Similarly, reports in respect of potential ground contamination have been provided by the applicant. A condition can be added to ensure the recommendations of the approved report are implemented onsite. In terms of impact on education, Children's Services have sought a financial contribution in line with the Developer Contributions Draft Planning Guidance on the basis that the development would generate 0.9 additional pupils for St Andrew's Academy. The developer has agreed to make the contribution totalling £50,400 via a section 69 agreement. The Noise Impact Assessment submitted by the applicant outlines that enhanced glazing and acoustic trickle ventilation would be required on the northern, eastern and southern elevations due to the noise produced by traffic on Maxwellton Street. Environment, Housing & Infrastructure (Env. Protection) have requested that a condition be added in this respect. Buildings and Design The proposal would provide a mixture of one, two and three bedroom flats that are of a standard size. This would add to the housing mix within the local area, helping to meet local housing demand and support a sustainable mixed community in line with Policy P3 of the LDP. The C shaped block would be finished in white render and red facing brick. Such a finish would reflect the finish of other buildings within the area and would also link the building to
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the existing boundary wall to the north of the site. The two tone finish would also add visual interest to the development. The bin and cycle store would be finished in red facing brick to reflect the design of the wider development and would not appear out of place within the curtilage of the development. The substation would be of a standard size and design. The block would have a pitched roof finished in grey concrete roof tiles that would complement the finish of the rest of the building. The roof would incorporate multiple dormers in order to allow residential units to be formed in the attic space. The visual impact of these, both individually and cumulatively, is considered acceptable, as is the grey metal cladding finish. The building would be approximately 31 metres from the nearest residential property to the south and would be screened by existing mature vegetation. It is therefore not considered that the proposal would negatively impact the privacy afforded to those living in the residential properties to the south. The position of the block in relation to the movement of the sun means it would not raise any overshadowing issues for the residential properties to the south. The amenity and operation of the school and resource centre would not be impacted by the development. Representations The impact the development would have on views from nearby properties is not a material planning consideration. The development would be for private sale, not social housing. All other issues raised have been addressed in the above assessment. Planning 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: None, however a S69 Legal Agreement would be sought to secure a developer contribution totalling £50,400 in respect education provision. Conclusion In view of the above, it is considered that the proposal would accord with the relevant provisions of the Development Plan. There are no other material considerations. Planning permission should therefore be granted subject to conditions and a section 69 agreement. Recommendation Grant Subject to Conditions & S69 Reason(s) for Recommendation 1. The proposal accords with the provisions of the Development Plan and there were no material considerations which outweighed the presumption in favour of development according with the Development Plan. Condition(s) 1. No development shall commence on site until written approval of:
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a) A site investigation report (characterising the nature and extent of any soil, water and gas contamination within the site); and, if remediation works are recommended therein. b) A remediation Strategy and Implementation Plan setting out the proposed methods for implementing all remediation recommendations contained within the site investigation report and including (where relevant) management plan and a phasing plan showing how the site is to be subdivided for the purposes of remediation implementation and/or verification reporting prepared in accordance with current authoritative technical guidance, has been provided by the Planning Authority. Reason: To ensure that the site will be made suitable for its proposed use. 2. Prior to occupation of any unit: a) A Verification Report confirming completion of the works specified within the approved Remediation Strategy and Implementation Plan; and/or b) Where remediation works are not required bur soils are to be imported to site, a Verification Report confirming imported materials are suitable for use shall be submitted to the Planning Authority and approved in writing. Reason: To demonstrate that works required to make the site suitable for use have been completed. 3. Prior to the commencement of the development hereby approved, a Drainage Impact Assessment shall be approved by Renfrewshire Council as Planning Authority. Thereafter, the Assessment and any associated remediation as approved shall be implemented prior to the completion of the development and maintained thereafter to the satisfaction of Renfrewshire Council as Planning Authority. Reason: To ensure adequate provision for drainage associated with the development. 4. The mitigation measures outlined in section 7 (Discussion/Mitigation Measures) of the Bureau Veritas Noise Impact Assessment (dated 20 June 2024) shall be implemented in full prior to the occupation of any unit within the development. Reason: In the interests of residential amenity. 5. The landscaping scheme detailed in drawing WH MR 104.24 SL-01 (Rev B) shall be implemented in full in the first planting season and following the completion of the development. Any trees or plants which, within a period of five years from the completion of the development, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless Renfrewshire Council as Planning Authority gives written consent to any variation. Reason: In the interest of the visual amenity of the area.
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6. No treeworks, apart from those outlined in the Arboricultural Report, shall take place within the site unless otherwise agreed in writing with the Planning Authority. Reason: To preserve the existing trees on site. 7. For the avoidance of doubt, the parking spaces hereby approved shall not be allocated to individual flats. Reason: To ensure the efficient use of parking spaces within the development. Advisory Note(s) 1. None required. Schedule of Plans Determined Drawing Number Revision Drawing/Document Title 101 0425-L(90)001 B Location Plan 101 0425-L(90)002 B Site Plan as Existing 101 0425-L(90)003 C Site Plan as Proposed 101 0425-L(90)003 G Site Plan as Proposed (roads finishes) 101 0425-L(20)001 C Ground Floor Plan 101 0425-L(20)002 C First, Second and Third Floor Plans 101 0425-L(20)003 C Fourth Floor Plan 101 0425-L(20)004 B Roof Plan 101 0425-L(04)001 B Elevations and Sections 101 0425-L(04)002 C Contextual Elevations and Sections 101 0425-L(20)005 A Proposed Bike and Bin Store J5620-032 Levels Layout - Topographical Survey WH MR 104.24 SL-01 B Landscape Proposals - Bureau Veritas Noise Impact Assessment (20 June 2024) - ECS Transport Statement (July 2024) - Ayrshire Tree Surgeons Arboricultrual Report (1 July 2024) For further information please contact James McCafferty, Development Standards Team, Email: james.mccafferty@renfrewshire.gov.uk.