24_0589_PP - Cala Path FINAL
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 24/0589/PP Application Type Planning Permission (Local) Proposal Formation of footpath Location Site Between No 20 Sandielands Avenue and No 12, Wrightlands Crescent, Erskine Ward 12 - Erskine and Inchinnan Community Council Erskine Community Council Applicant Mr Murray McLean Cala Homes West Scotland Recommendation Grant Subject to Conditions 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=SIO9HFMWJR500 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, officers have declined to exercise delegated authority given the complex planning history of the site. Proposal This application seeks planning permission for the formation of a footpath linking Templar Crescent with Sandielands Avenue in Erskine. Consent for a section of path was granted in 2017 as part of the approval for a residential development consisting of 195 dwellings (16/0726/PP). This application seeks to link this section of path into the existing footpath network, allowing traffic free pedestrian and cycle access from the new residential development onto Sandielands Avenue. The illuminated asphalt path would measure approximately 100 metres long. Site Description The application site is located within an established residential area. The path would be formed in an existing area of open space, with residential properties found on all sides. The path would be located to the northwest of the residential development it would serve. 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. Pre-application discussions have taken place, focusing on the route the path would take. 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.
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Consultations Chief Executive's Service (Roads Development) - no objection subject to conditions. Environment, Housing & Infrastructure (Env. Protection) - no objection. Representations The application has been publicised in line with the requirements of the relevant legislation. The following representations were received: Object - 8 Support - 73 Neutral - 1 The points raised in support of the application can be summarised as follows: 1. Would provide a safe active travel route for residents 2. Would help reduce car dependency The points raised in objection to the application can be summarised as follows: 1. Would increase noise and footfall next to existing residential properties 2. The footpath does not comply with disabled access standards 3. The footpath would become dangerous with leaves in autumn 4. Is it unclear as to whether the path would be adopted by the Council 5. Would impact on the privacy of existing residential properties 6. The open space would become unusable due to the path Abbeyfield Residents Association have also raised the following points: 1. Cala should upgrade a section of unadopted footpath nearby that is in need of repair 2. The plans do not show how the path would interact with an existing fence 3. It is unclear if the path avoids a football pitch and basketball hoop 4. It is unclear how many trees would be removed 5. Construction could damage the greenspace 6. Who will monitor the construction of the path 7. Who will be responsible for maintenance of the path 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 13 - Sustainable transport Full details relating to the policies of the NPF4 can be found online. Renfrewshire Local Development Plan Policy P6 - Open Space Policy I1 - Connecting Places Full details relating to the policies of the LDP can be found online.
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Other relevant policies and guidance Delivering the Places Strategy - Open Space Renfrewshire's Planning & Development Tree Policy Submitted Reports and Assessments No reports or assessments were submitted in support of the application. 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 Policy I1 of the Local Development Plan provides support for proposals that create new high- quality, safe, attractive and integrated walking and cycling routes. Similarly, Policy 13 of NPF4 supports the provision of active travel infrastructure. The proposal would provide a vehicle free route for pedestrians and cyclists to travel between the new residential development and the existing footpath network. This would provide a more direct route to those wishing to travel west towards local schools and the Town Centre. The path would be finished in asphalt to provide a smooth surface for users and would be illuminated to improve safety. As no details have been provided on the proposed lighting a condition can be added to ensure these details are provided prior to construction. Roads Development have reviewed the proposal and offered no objection, subject to a condition that handrails and high friction surfacing is installed where the footpath gradient exceeds 5%. It is not considered that the number of individuals using the path at any one time would be so great that the amenity of nearby residential properties would be negatively affected. Existing boundary screening would maintain the privacy of these properties. Overall, it is considered that the proposal complies with both Policy I1 and Policy 13. Policy P6 of the Local Development Plan and its associated Supplementary Guidance state that development in open spaces will only be supported if it does not lead to a significant net loss of open space. The route of the path has been designed to avoid the football pitch and basketball hoop as well as the flatter areas of the greenspace that are most usable. It is therefore not considered that the proposal would prevent use of the existing sports facilities or fragment the open space to the point that the wider area becomes unusable. Indeed, a formalised path would improve access into the area of greenspace.
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The route has also been designed to avoid trees where possible. In line with the Council's Planning & Development Tree Policy details of any works to trees that are necessary to implement the consent can be requested via condition to ensure the proposal does not have a significant negative impact on tree cover within the area. The proposal is therefore considered to comply with Policy P6 and its associated supplementary guidance. Representations As per the Scottish Government’s guidance on planning obligations, contributions can only be sought where they are necessary to make the development acceptable in planning terms. Given the proposal has been assessed above and found to be consistent with the relevant provisions of the Development Plan it is not considered that asking Cala to upgrade an additional section of path is necessary. Maintenance and whether the path would be adopted by Renfrewshire Council would be a matter for the applicant and Environment, Housing and Infrastructure within the Council to determine. How the path would interact with an existing fence would be a civil matter for the parties involved to resolve themselves. The potential for construction to damage the greenspace is not a material planning consideration. On the matter of who would supervise the implementation of the consent, planning would be responsible for ensuring the consent, if enacted, is implemented in accordance with the approved plans. All other issues have been addressed in the above report. 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. None. 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. Recommendation Grant Subject to Conditions 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. Prior to the commencement of development, details of which, if any, trees are to be removed and details of how those that will remain would be protected during construction shall be submitted to, and approved by, the Planning Authority.
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Thereafter no additional tree felling shall take place, unless otherwise agreed in writing with the Planning Authority. Reason: In the interests of tree cover in the area. 2. Prior to the commencement of development, details of the lighting to be installed shall be submitted to, and approved by, the Planning Authority. The lighting shall be of an adoptable standard. Reason: In the interests of safety. 3. Prior to the commencement of development, details of the handrails and high friction surfacing that shall be installed in all locations where the gradient of the footpath exceeds 5% shall be submitted to, and approved by, the Planning Authority. Thereafter, the footpath shall be constructed in accordance with the approved details to the satisfaction of the Planning Authority. Reason: In the interests of safety. Advisory Note(s) 1. Roads Construction Consent would be required. Schedule of Plans Determined Drawing Number Revision Drawing/Document Title 10816/005 B Road Layout 009-PL-200 A Offsite Path Link For further information please contact James McCafferty, Development Standards Team, Email: james.mccafferty@renfrewshire.gov.uk.