Agenda Document Pack - Planning and Regulatory Services Committee - 27/11/2024
Moray Council · 27 November 2024
Back to Planning and Regulatory Services Committee — 27 November 2024 and its agenda
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Planning and Regulatory Services Committee Wednesday, 27 November 2024 NOTICE IS HEREBY GIVEN that a Special Meeting of the Planning and Regulatory Services Committee is to be held at Council Chambers, Council Office, High Street, Elgin, IV30 1BX on Wednesday, 27 November 2024 at 09:30. BUSINESS 1 Sederunt 2 Declaration of Group Decisions and Members Interests * 3 Resolution Consider, and if so decide, adopt the following resolution: "That under Section 50A (4) and (5) of the Local Government (Scotland) Act 1973, as amended, the public and media representatives be excluded from the meeting for Item 6 and 7 of business on the grounds that it involves the likely disclosure of exempt information of the class described in the relevant Paragraphs of Part 1 of Schedule 7A of the Act.” Guidance Note 5 - 6 4 Planning Application 23-02231-APP Report by Appointed Officer Erect 174 homes, ground floor retail unit and associated works on Land East Of Barhill Road Buckie Moray for Springfield Properties PLC 7 - 40 5 Performance Report (Economic Growth and Development Services - Planning) - Period to September 2024 Report by Depute Chief Executive (Economy, Environment and Finance) 41 - 44 Page 1
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Item(s) which the Committee may wish to consider with the Press and Public excluded 6 Unauthorised Works to a Category B Listed Building, Cullen • 13. Information, which if disclosed to the public, would reveal that the Authority proposes, for the purposes of consultation, make an order or direction under any enactment which might allow an individual or organisation to defeat the purpose of the notice or order; 7 Breach of Planning at Gedloch, Longmorn, Elgin, Moray • 13. Information, which if disclosed to the public, would reveal that the Authority proposes, for the purposes of consultation, make an order or direction under any enactment which might allow an individual or organisation to defeat the purpose of the notice or order; Summary of Planning and Regulatory Services Committee functions: Town and Country Planning; Building Standards; Environmental Health; Trading Standards; Weights & Measures, Tree Preservation Orders, and Contaminated Land issues. Watching the Meeting You can watch the webcast live by going to: http://www.moray.gov.uk/moray_standard/page_43661.html Webcasts are available to view for 1 year following the meeting. You can also attend the meeting in person, if you wish to do so, please come to the High Street entrance door and a member of staff will be let into the building. Page 2
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GUIDANCE NOTES * Declaration of Group Decisions and Members Interests - The Chair of the meeting shall seek declarations from any individual or political group at the beginning of a meeting whether any prior decision has been reached on how the individual or members of the group will vote on any item(s) of business on the Agenda, and if so on which item(s). A prior decision shall be one that the individual or the group deems to be mandatory on the individual or the group members such that the individual or the group members will be subject to sanctions should they not vote in accordance with the prior decision. Any such prior decisions will be recorded in the Minute of the meeting. Page 3
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MORAY COUNCIL Planning and Regulatory Services Committee SEDERUNT Councillor David Gordon (Chair) Councillor Donald Gatt (Depute Chair) Councillor Neil Cameron (Member) Councillor Theresa Coull (Member) Councillor John Cowe (Member) Councillor John Divers (Member) Councillor Amber Dunbar (Member) Councillor Jérémie Fernandes (Member) Councillor Sandy Keith (Member) Councillor Scott Lawrence (Member) Councillor Marc Macrae (Member) Councillor Paul McBain (Member) Councillor Draeyk van der Horn (Member) Councillor Sonya Warren (Member) Clerk Name: Lissa Rowan Clerk Telephone: 07765 741754 Clerk Email: committee.services@moray.gov.uk Page 4
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GUIDANCE NOTE PRODUCED FOR PLANNING AND REGULATORY SERVICES COMMITTEE MEETING OF 27 NOVEMBER 2024 REPORT ON APPLICATION “Note for guidance of the Committee where the decision of the Planning and Regulatory Services Committee is contrary to the recommendations of the Depute Chief Executive (Economy, Environment and Finance) in respect to a Planning Application.” Any Councillor putting forward a motion to refuse an application, contrary to recommendation, shall clearly state the reasons for refusal. These reasons should be based on policies contained in the approved National Planning Framework 4 (NPF4), Local Development Plan or some other material consideration. Time should be allowed to ensure that these reasons are carefully noted for minuting purposes. Where Councillors put forward a motion to approve an application, contrary to recommendation, an indication should be given of any specific matters which should be subject of conditions along with reasons which should be based on policies in the approved Local Development Plan or some other appropriate consideration. Note for guidance where the decision of the Planning and Regulatory Services Committee is to depart from the Development Plan (NFP4 and or Local Development Plan) Where a Councillor is convinced that there is reason to depart from Development Plan policy; then the Councillor’s reasons for making the motion should be clearly stated for minuting purposes. Any matters which should be subject to conditions drafted subsequently by the Depute Chief Executive (Economy, Environment and Finance) should be indicated. If the Committee remains of a mind to approve such an application then the whole matter will be subject to statutory procedures as apply. In such cases, Councillors should be aware that the application may require to be advertised as a departure and any objections reported to the next available meeting of the Planning and Regulatory Services Committee. It also may be necessary to convene a hearing to consider the views of objectors. There are three potential consequences if Committee takes a decision where the proper procedures have not been followed in whole or in part. Firstly, the person aggrieved by a decision may apply to the Supreme Courts in Scotland for an Order either compelling the Council to act according to law, quashing the decision altogether or declaring a decision to be unlawful coupled with an order to prevent the decision being implemented. A referral to the Supreme Courts in these circumstances is known as applying for Judicial Review. Secondly, in addition to the application for Judicial Review when questions of alleged failure, negligence or misconduct by individuals or local authorities in the management of public funds arise and are raised either by or with the External Auditor of the Council and where an individual can be blamed the sanctions available are:- Censure of a Councillor or an Officer Suspension of a Councillor for up to one year Disqualification of a Councillor for up to five years In the case of the Council being to blame, recommendations may be made to the Scottish Ministers about rectification of the authority’s accounts. Ministers can make an order giving effect to these recommendations. Thirdly, whilst the Ombudsman accepts that Planning authorities have the freedom to determine planning applications as they wish procedural impropriety may be interpreted as maladministration. This can also lead to recommendations by the Ombudsman that compensation be paid. Consistent implementation of departure procedures maintains public confidence in the planning system and is consistent with the time and effort invested in preparing the NPF4 and Local Development Plan. Page 5
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WARD 03_17 23/02231/APP 4th March 2024 Erect 174 homes, ground floor retail unit and associated works on Land East Of Barhill Road Buckie Moray for Springfield Properties PLC Comments: A site visit has been carried out. Advertised for neighbour notification purposes - notification not possible because no premises situated on land to which notification can be sent. 1 representation received. Procedure: Registration of Section 75 Legal agreement relating to Developer obligations is required prior to issue of consent. Recommendation Grant Planning Permission - Subject to the following: Conditions/Reasons 1. The development to which this permission relates must be begun not later than the expiration of 3 years beginning with the date on which the permission is granted. Reason: The time limit condition is imposed in order to comply with the requirements of section 58 of the Town and Country Planning (Scotland) Act 1997 as amended. 2. All 44 residential units within the development identified as affordable shall be provided and retained as affordable housing for the lifetime of the development unless otherwise agreed in writing with the Council as Planning Authority in consultation with the Housing Strategy and Development Manager. Prior to development commencing the final floor plan layout plans of the six number AT Type 2 Bed apartments must be altered and submitted showing the necessary minimum room sizes and shape to the satisfaction of the Housing Strategy and Development Manager. The apartments must thereafter be built in accordance with the revised amended floor plans. Reason: To ensure an acceptable form of development in terms of the required provision and delivery of affordable housing. Item 4 Page 7
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3. Prior to development commencing a Construction Environmental Management Plan (CEMP) for the construction phase must be submitted to and approved by the Council as Planning Authority in consultation with the Environmental Health Manager. This must address what mitigation measures will be applied to minimise construction related noise, dust, artificial lighting, protection of the water environment and what measures are being adopted to prioritise the reduction of waste and reuse of materials during construction. This must also incorporate the construction hours sought in the below condition. There after the development must be constructed in accordance with the approved CEMP. Reason: In order to ensure that environmental emissions are considered and managed during the construction phase, in order to prevent nuisance to local residents. Also to try and minimise any impact upon the environment and reduce waste. 4. Construction works (including vehicle movements) associated with the development audible at any point on the boundary of any noise sensitive dwelling shall be permitted between 0800 - 1900 hours, Monday to Friday and 0800 - 1600 hours on Saturdays only, and at no other times out with these permitted hours (including National Holidays). The above construction hours shall apply, unless otherwise agreed in writing with the Planning Authority, and where so demonstrated exceptional operational constraints require limited periods of construction works to be undertaken out with the permitted construction hours. Reason: To protect local residents from noise nuisance in ensuring the construction phase is restricted within permitted hours. 5. The air source heat pumps must be installed and maintained in accordance with the Microgeneration Scheme guidance: - MCS 020 MCS Planning Standards for Permitted Development Installations of Wind Turbines and Air Source Heat Pumps on Domestic Premises. Reason: To protect local residents from noise nuisance due to the use of the development. 6. The mitigation recommendations as detailed on Table 2 within the supporting documents titled the Buckie R8 Phase 1 & 2 Housing development - Biodiversity Management Plan dated 25th January 2023, shall be fully implemented by the developer, unless otherwise agreed in writing by the Council, as Planning Authority. Reason: To ensure that the development does not have an adverse impact on protected species or habitat and minimise disturbance to nature conservation interests and enhance biodiversity. 7. Prior to Development commencing, a finalised Community Wealth Building Statement (based upon the submitted CWBP) shall be submitted to and approved by the implemented during the course of the development, unless otherwise agreed in writing with the Council, as Planning Authority. Page 8
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Reason: To ensure that the development proceeds in accordance with the submitted Community Wealth Building statement, to ensure compliance with National Planning Framework 4 Policy 25 - Community Wealth Building. 8. The development shall be carried out in accordance with the submitted “Carbon Reduction and Climate Risk Statement – Buckie Phase 1&2 – 19th September 2024”. Thereafter, the development shall be implemented in accordance with these approved details, unless otherwise agreed in writing with the Council, as Planning Authority. Reason: To ensure that the development proceeds in accordance with the submitted updated Carbon Statement, to ensure compliance with National Planning Framework 4 Policy 2 - Climate Mitigation and Adaptation. 9. The development must be carried out in accordance with the approved Landscaping Planting Plans 1 to 4 dated October 2024 and Soft Landscape Works 5 Year Maintenance Regime dated 21 October 2024. Any trees which are damaged or die within the first 5 years following first residential occupation of the development must be replaced by the developer. As part of the 5 year maintenance regime, a review must be undertaken by a suitably qualified ecologist as to the state and possible need to re-seed any areas of species rich/windflower mix if required. Notwithstanding the landscaping hereby approved, both Buddleia and Prunus Lucitanica must be removed from planting scheme and replaced with a requisite number of native species in their place. Reason: In order to ensure the landscaping is maintained in accordance with the submitted maintenance regime. 10. No development shall commence on site until a detailed drawing at a scale 1:200 has been submitted to and approved in writing by the planning authority in consultation with the Roads Authority confirming the design and location of the following infrastructure required to serve the flexible retail space within the site: a) A ‘Rapid’ 22 Kw charging unit and two public parking spaces. b) Cycle parking for four cycles (two Sheffield stands or equivalent). Thereafter the infrastructure shall be provided prior to the associate retail use becoming operational and maintained and made available for that use unless otherwise agreed in writing by the planning authority in consultation with the Roads Authority. Reason: To provide an acceptable form of development and the provision of infrastructure to support the use of low carbon transport, through the provision of details currently lacking. 11. Notwithstanding the details shown on drawing BU02-ENG700 Rev A No development shall commence until the following details have been submitted to and approved in writing by the planning authority in consultation with the Roads Authority; a) Visibility splays 2.4m x 31m at the back of the cyclepath crossings of the northern and southern accesses. Page 9
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Thereafter the visibility splays shall be provided and maintained in perpetuity. Reason: To ensure that drivers of vehicles entering or exiting have a clear view so that they can undertake the manoeuvre safely and with the minimum interference to the safety and free flow of traffic on the public road and cyclepath. 12. Notwithstanding the details submitted for the proposed roads drainage (Drawing B-R8/C/201 Rev B and MO12-1_SL_102 Rev A) which show tree planting within road drainage swales which are not acceptable. No development shall commence on site until details have been have been submitted to and approved in writing by the planning authority in consultation with the Roads Authority for acceptable roads drainage and to confirm the arrangements for future adoption/ vesting by an in-perpetuity regulatory body, of the maintenance and management of the roads SUDs system, excluding any other parts of the SUDs system to be identified in writing by the Roads Authority, which is to be maintained by or factored on behalf of the developer or its successors. Reason: Submission of details currently lacking or unacceptable. To ensure the management and maintenance of effective roads drainage and surface water management infrastructure proposed for the site. 13. Notwithstanding the details submitted for the proposed substation at the end of the turning head to the southeast of plots 330-335 (Drawing BU02-ENG-490). No development shall commence until details have been submitted for approval in writing by the planning authority in consultation with the Roads Authority which show the substation relocated to safeguard for potential future extension of the road and future connectivity to the northeast. The substation can be relocated to within the immediate vicinity either north west or south east of its current location. Reason: In the interests of an acceptable form of development and to safeguard for future roads connectivity. 14. Notwithstanding the details submitted which show details of the boundary fencing construction, materials or dimensions. No development shall commence until details have been submitted for approval in writing by the planning authority in consultation with the Roads Authority for all plot boundary fencing including the location, material and heights and details of visibility splays from private driveways at plots 339, 346/347, 325/323. 206/209 and 241. Details for the provision of a physical boundary between the adopted path adjacent to plot 241 and the private driveway. Thereafter the development shall be completed in accordance with the approved details unless otherwise approved in writing by the planning authority in consultation with the Roads Authority. Reason: In the interests of an acceptable form of development, road safety and the provision of details either incorrectly shown or lacking from the submission. Page 10
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15. No development shall commence on site until a Stage 1/2 Road Safety Audit for the proposed internal roads and the extent of any proposed works affecting the public road, footpaths and cyclepaths outwith the site boundary including any proposed revisions and mitigation required to address road safety has been approved in writing by the planning authority in consultation with the Roads Authority. The road safety audit and revised site layout shall be submitted for approval in writing by the planning authority in consultation with the Roads Authority. Thereafter the development shall be completed in accordance with the approved details. Reason: To ensure an acceptable form of development and the submission of details currently lacking to provide for road safety. 16. No development shall commence on site until a construction traffic management plan has been submitted to and approved in writing by the planning authority in consultation with the Roads Authority. The construction traffic management plan shall include the following information: a) duration of works; b) construction programme; c) anticipated schedule for delivery of materials and plant; d) details of any temporary construction access onto the public road; e) measures to be put in place to prevent material being deposited on the public road; f) measures to be put in place to safeguard the movements of pedestrians; g) traffic management measures to be put in place during works including any specific instructions to drivers; and h) parking provision, loading and unloading areas for construction traffic. Thereafter, the development shall be implemented in accordance with the approved details. Reason: To ensure an acceptable form of development in terms of the arrangements to manage traffic during construction works at the site. 17. Unless otherwise agreed in writing by the planning authority in consultation with the Roads Authority, prior to the completion of the first residential or non- residential unit within the development the works to realign Barhill Road (including the adjacent cyclepath, pedestrian refuges, lighting and road markings) and Bus stops (including bus shelters and supporting infrastructure) shall be provided and available for use shall be completed and opened to the public in accordance with the approved details. Reason: To ensure acceptable development in the interests of road safety. 18. Unless otherwise approved in writing by the planning authority in consultation with the Roads Authority Visibility splays 2.4m x 160m to the north and 2.4m x 215m to the south at the private accesses onto Barhill Road and 2.4m x 31m at private access onto the cyclepath (as shown on BU02-ENG-701) shall be provided in accordance with the approved drawing prior to any works commencing (except for those works associated with the provision of the visibility splay). Page 11
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Thereafter, the visibility splay shall be maintained at all times free from any obstruction exceeding 0.26 metres above the level of the adjacent carriageway. Reason: To ensure that drivers of vehicles entering or exiting have a clear view so that they can undertake the manoeuvre safely and with the minimum interference to the safety and free flow of traffic on the public road and cyclepath. 19. Visibility splays 4.5 metres by 160 metres in both directions at the northern site access onto Barhill Road and 4.5 metres by 160 metres to the north and 4.5 metres by 196 metres to the south at the southern site access junction onto Barhill Road shall be provided in accordance with the approved drawing (BU02-ENG700 Rev A) prior to any works commencing (except for those works associated with the provision of the visibility splay). Thereafter, the visibility splays shall be maintained at all times free from any obstruction exceeding 0.26 metres above the level of the carriageway. Reason: To ensure that drivers of vehicles entering or exiting the site have a clear view so that they can undertake the manoeuvre safely and with the minimum interference to the safety and free flow of traffic on the public road. 20. The retail unit hereby approved shall not be brought into use until a delivery management plan has been submitted for approval in writing by the planning authority in consultation with the Roads Authority. Thereafter unless otherwise agreed in writing by the planning authority in consultation with the Roads Authority, the retail unit shall operate in accordance with the agreed delivery management plan at all times. Reason: To protect local residential amenity and ensure an acceptable development including the provision of additional information currently lacking from the submission in the interests of road safety. 21. Prior to completion of any residential or non-residential unit within the development details for a Residents Travel Plan shall be submitted for approval in writing by the planning authority. Thereafter the information provided shall be kept updated and issued to each residential or non-residential unit on first occupation. Reasons: In the interests of sustainable travel and the provision of details currently lacking from the submission. 22. Prior to completion of any house or flat within the development, parking provision in accordance with the approved site layout plan shall be provided and made available for use at all times at the following level(s) of provision: a) 1 Bedroom – 1 space; b) 2-3 bedrooms - 2 spaces; and c) 4 or more bedrooms - 3 spaces. Thereafter, unless otherwise approved in writing by the planning authority, no house or flat shall be occupied until parking has been provided and made available for use by that house or flat and the parking arrangements shall be retained and maintained in perpetuity as parking spaces for use in conjunction with that house or flat hereby approved. Page 12
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Reason: To ensure the permanent availability of the level of parking necessary for residents/visitors/others to provide an acceptable development and road safety. 23. Prior to the completion of any house or flat within the development, evidence shall be submitted in writing to the planning authority to confirm that either the statutory process required to modify the existing speed limit on Barhill Road has been completed or alternative proposals have been agreed in writing by the Roads Authority. Reason: To ensure an acceptable development in the interests of road safety. 24. No boundary fences, hedges, walls or any other obstruction whatsoever over 1.0 metre in height and fronting onto the public road shall be within 2.4 metres of the edge of the carriageway, measured from the level of the public carriageway, unless otherwise agreed in writing by the planning authority in consultation with the Roads Authority. Reason: To enable drivers of vehicles leaving driveways to have a clear view over a length of road sufficient to allow safe exit, to provide for road safety for the proposed development and other road users. 25. Despite the provisions of Article 3 and Schedule 1 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended, revoked or reenacted; with or without modification), no development shall take place in the service strips along plot frontages and no additional planting shall take place within these areas. Reason: To retain effective control over future development within the application site so that it is carefully managed and to ensure effective roads drainage infrastructure is provided and safeguarded. 26. Notwithstanding the details shown on the Adoption Plan (BU02-ENG-505 Rev B): a) No obstructions (including any planting) shall be placed in the proposed verge between the adopted road and the site boundary adjacent to Plot 349. unless otherwise approved in writing by the planning authority in consultation with the Roads Authority and the land within the verge shall be safeguarded for future roads access for the lifetime of the development. b) The area between the edge of Barhill Road and the cyclepath which is currently shown as undefined (or up to 2 metres width) shall be defined as road verge) for the full extent of the site frontage onto Barhill Road. Reason: In the interests of an acceptable form of development, future connectivity and the provision of additional information currently lacking from the submission. 27. Unless otherwise agreed in writing with the Moray Council as planning authority, the retail unit hereby approved on the ground floor of the end of an Finavon/Glamis block of flats shown beneath flats 201-205, must be confined to uses within Class 1A (Shops and financial, professional and other services )and Class 3 (Food and drink) of The Town and Country Planning (Use Classes) (Scotland) Order 1997 as amended. Page 13
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Reason: In order to ensure that the approved retail use endures for the duration of the development. 28. Unless otherwise agreed in writing, further to the proposed park benches identified in the landscaping plans hereby approved, a further bench shall be placed south west of the SuDS basin, adjacent to the Art installed subject of the separate planning condition. Reason: In order to maximise the placemaking and amenity value of the landscaping and art instillation. 29. The play equipment, surfaces and grassmat surface must be installed in accordance with the revised play area equipment details submitted on the 18 October 2024. Unless otherwise agreed in writing with the Council, if any of the play equipment becomes unusable or damaged it must be replaced with the same, or similar style of play equipment which shall first of all been approved by Moray Council. Similarly, if the safety matting beneath the play equipment become excessively damaged or a hazard as determined by Moray Council, it must be replaced with a toxin free material of similar suitable standard. The playpark must be fully installed and operational within 12months of the development commencing on site. Reason: To ensure that the play equipment is kept in good condition in perpetuity and in the interests of public health and safety. 30. Prior to development commencing, details of the specific public art referred to, and located upon approved drawing “Public Art Proposals Sketches” must be submitted to and approved in writing by Moray Council. The approved public art must thereafter be in place within one year of commencement of development upon the site. Reason: In order to give further consideration to the final design of public art. 31. Unless otherwise agreed the housing units identified as accessible on drawing number MO12-1_SL_109 revision B must be built, accessed and laid out to accord with the Moray Councils accessible housing guidance contained on page 41 of the Moray Local Development Plan 2020. Reason: To ensure the indicated accessible houses are delivered. Reason(s) for Decision The Council’s reason(s) for making this decision are: - The development is considered to be an acceptable departure the Moray Local Development Plan 2020 (MLDP) policies DP3 Long Term Land Reserves, EP4 Countryside Around Towns and EP6 Settlement Boundaries by virtue of its incursion beyond the settlement boundary into the Buckie LONG1 designation but does reflect the indictive phasing as shown in the Buckie South Masterplan. The proposal is also Page 14
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considered an acceptable departure from MLDP policies PP1 Placemaking, DP1 Development Principles and NPF Policy 14 Design, quality and place where the design has not met the majority of all the design elements sought in the Buckie South Masterplan. The proposal is considered to be complaint with all other relevant National Planning Framework 4 and MLDP policies. There were no other material planning considerations that indicate otherwise. List of Informatives: The DEVELOPMENT MANAGEMENT AND BUILDING STANDARDS MANAGER has commented that; - For the biodiversity enhancement and management of the site Use the Scottish list from NatureScot or NESBiP rather than RHS planting of pollinators : https://www.nesbiodiversity.org.uk/get-involved-in-biodiversity/wildlife- gardening/plants-for-your-wildlife-garden/ The TRANSPORTATION MANAGER has commented that; Before commencing development, the applicant is obliged to apply for Construction Consent in accordance with Section 21 of the Roads (Scotland) Act 1984 for new roads. The applicant will be required to provide technical information, including drawings and drainage calculations, and provide a Road Bond to cover the full value of the works in accordance with the Security for Private Road Works (Scotland) 1985 Regulations. Advice on this matter can be obtained from the Moray Council web site or by emailing transport.develop@moray.gov.uk Before commencing development, the applicant is obliged to apply for permission to modify the existing public road, in accordance with Section 56 of the Roads (Scotland) Act. The applicant will be required to provide technical information, including drawings and drainage calculations, a programme for the proposed works. Advice on the application process can be obtained by emailing transport.develop@moray.gov.uk Construction Consent shall include a CCTV survey of all existing roads drainage to be adopted and core samples to determine the construction depths and materials of the existing road. Requirement for a Stage 3 or 4 Road Safety Audit will be determined through the Roads Construction Consent process or subsequent to the road construction prior to any road adoption. Requirement for traffic calming, road construction materials and specifications and any SUDs related to the drainage of the public road must be submitted and approved through the formal Roads Construction Consent process. Page 15
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In curtilage Electric Vehicle (EV) charging provision requirements are covered by building warrant. EV charging provisions for off plot and communal parking areas shall be provided in accordance with Moray Council guidelines. Cabling between charging units and parking spaces must not cross or obstruct the public road including footways. Infrastructure provided to enable EV charging must be retained for this purpose for the lifetime of the development unless otherwise agreed in writing by the Planning Authority. Guidance on Electric Vehicle (EV) Charging requirements can be found in the Moray Local Development Plan Policy and Additional Guidance http://www.moray.gov.uk/downloads/file147031.pdf If required, street furniture which needs to be repositioned will be at the expense of the developer. Street lighting will be required as part of the development proposal. Private Roads - A responsible party, constituting the road manager, must be nominated for any private road and this information included within the National Gazetteer through the Scottish Road Works Register (SRWR). No building materials/scaffolding/builder's skip shall obstruct the public road (including footpaths) without permission from the Roads Authority. The applicant shall be responsible for ensuring that surface/ground water does not run from the public road into their property. The applicant shall ensure that their operations do not adversely affect any Public Utilities, which should be contacted prior to commencement of operations. The applicants shall free and relieve the Roads Authority from any claims arising out of their operations on the road or extension to the road. The Transportation Manager must always be contacted before any works commence. This includes any temporary access, which should be agreed with the Roads Authority prior to work commencing on it. No retaining structures or embankments shall be constructed along the edge of the road, whether retaining the public road or ground adjoining the public road without prior consultation and agreement of the Roads Authority. The developer must contact the Roads Authority Street Lighting Section at Ashgrove Depot, Elgin - Tel (01343) 557300, Ext 7343 to discuss the proposals. Page 16
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LIST OF PLANS AND DRAWINGS SHOWING THE DEVELOPMENT Reference No. Version No. Title/Description MP12-1_SL_118 SUDS Section 2016 CSCS_901 2018 Type Cscs - Elevations And Floor Plans 2019AA_901 2019 Type Aa- Elevations And Floor Plan 932CT(CT)901 Moray & Dunbar Cottage Flats - Elevations And Floor Plans A-1073SD(--)901 Cupar Semi- Elevations And Floor Plans A-109BW(AS)901 Cullen (As) - Elevations And Floor Plans A-1104DT(AS)901 Lauder (As)- Elevations And Floor Plans A-1202DT(AS)901 Roslin(As) - Elevations And Floor Plans A-1224DT(AS)901 Arden(As) - Elevations And Floor Plans A-1237DT(AS)901 Nairn (As) - Elevations And Floor Plans A-1287DT(AS)901 Balero(As) - Elevations And Floor Plans A-1432DT(AS)901 Crail(As) - Elevations And Floor Plans A-1517DG(AS)901 Nethy Dg (As) - Elevations And Floor Plans A-1798DT(AS)901 Kincraig (As) - Elevations And Floor Plans MO12-1_LP_101 Location Plan 1 & 2 OF 2 Tree Constraints T3-V1(C-RU)901 A Finavon & Glamis Apartments - Elevations And Floor Plans B-R8/C/202 Sections And Details 2002 FRA_901 Fraser - Elevations And Floor Plans 2022 YAT_AS_901 Yates - Elevations And Floor Plans BU02-ENG-701 Roads Layout B-R8/C/201 B Drainage Arrangements BBU02-ENG-500 Roads Layout BU(--)-ENG-106 Orchard Sections MO12-1_SL_114 Play Area MO12_AT_(3SV)_401 A At Flats - Elevations MO12_AT_(3SV)_901 At Flats - Floor Plans MO12_AT_(3SV)_902 At Flats - Floor Plans MP12-1_SL_117 Allotment And Orchard Sections SNP-MO-07- SCOTCRAIG(AS)901 Scotscraig - Elevations And Floor Plans 1066DG(--)901 Cupar (As) - Elevations And Floor Plans MO12-1SL_107 B Bin Collection SP B12 102 SL-01 C Overall Landscaping Proposals SP B12 102.24 SL-03 Planting Plan (2 Of 4) SP B12 102.24 SL-04 Planting Plan (3 Of 4) SP B12 102.24 SL-05 Planting Plan (4 Of 4) MO12-1_SL_111 A Greenspace Calculation MO12-1_SL_112 A Key Buildings MO12-1_SL_113 A Roof Tiles MO12-1_SL_116 A Public Art 2022 FRA_901 Kerr House Type - Elevations And Floor Plans Page 17
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B-R8/C/101 B Levels Layout B-R8/C/102 B Levels Layout B-R8/C/103 B Levels Layout B-R8/C/104 B Overland Flows Layout B-R8/C/301 B Vehicle Movement BU02-ENG-210 Surface Water Flows BU02-ENG-490 Proposed Services BU02-ENG-505 Adoption Layout BU02-ENG-550 Swept Path Layout BU02-ENG-650 Suds Construction Details BU02-ENG-651 Suds Construction Details BU02-ENG-700 A Visibility Layout MO12-1_CYCLE A Cycle Store MO12-1_SL_102 B Site Plan MO12-1_SL_104 B Roads Hierarchy MO12-1_SL_105 B Parking Mitigation MO12-1_SL_106 B Electric Vehicle Charging MO12-1_SL_108 B Character Areas MO12-1_SL_109 B Accessible Housing MO12-1_SL_115 A Character Area - The Gables MO12-1SL_107 A Bin Collection SP B12 102 24 SL-02 Planting Plan (1 Of 4) MO12-1_SL_103 D House Types Allocation Page 18
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Plans, drawings and other material submitted to the local authority are protected by the Copyright, Designs and Patents Act 1988 (section 47). You may only use material which is downloaded and/ or printed for consultation purposes, to compare current applications with previous schemes and to check whether developments have been completed in accordance with approved plans. Further copies must not be made without the prior permission of the copyright owner. Maps shown in the Planning Committee Report can only be used for the purposes of the Planning Committee. Any other use risks infringing Crown Copyright and may lead to prosecution or civil proceedings. Maps produced within this Planning Committee Report can only be reproduced with the express permission of the Moray Council and other Copyright holders. This permission must be granted in advance. PLANNING APPLICATION COMMITTEE SITE PLAN Site Address: Land East Of Barhill Road Buckie Planning Application Ref Number: 23/02231/APP Location Plan Applicant Name: Springfield Properties PLC Page 19
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Site Location Page 20
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Site plan 16/01664/APP Page 21
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House type allocation 16/ Page 22
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Landscape plan 16/ Page 23
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PLANNING APPLICATION: 23/02231/APP In the event that a recommendation on this planning application is overturned the Committee is reminded of the advice contained on the front page of the agenda for Reports on Applications 1. THE PROPOSAL Construct 174 houses/flats (44 affordable housing units). The housing is comprised of a mix of twenty-nine different house and flat types across the development, ranging from 3 storey blocks of flats to single storey bungalows. 1 retail unit (86 sqm) is proposed, incorporated into one of the blocks of flats. Allotment area proposed in the south east corner of the site. Infrastructure including roads, surface water drainage, landscaping and playpark. Two new bus-stops are proposed on either side of Barhill Road. Landscaping will incorporate biodiversity enhancement measures. A public art installation will be provided in an area of amenity land. The proposal is intended to be built out in two phases, starting with the area lying within designation R8. 2. THE SITE Site located within Buckie Settlement Statement designation R8 (part of) and also within a portion of LONG1 designation. The site is covered by the Buckie South Masterplan, which seeks a range of features across the current site and adjoining residential and LONG designations. The site lies partially within the Buckie Countryside Around Town designation which reaches over the LONG designations. Several transportation requirements lie close to the site, with the new accesses TSP1 and TSP2 providing access links from Barhill Road into new sites. No environmental designations exist upon the site and nor does it occupy any prime agricultural land. Site currently worked agricultural land and occupies and area of 9.9 hectares. Portions of the site are subject to some surface water flooding, and the site is generally flat, other than the south east corner where the site slopes gradually down toward the Burn of Buckie to the east. There are no trees upon the site but some existing tree specimens outwith the site. Page 25
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3. HISTORY On site: 21/01224/APP - Residential development including 1no retail unit and landscaping and associated infrastructure Phase 1 on R8 Land At Barhill Road, Buckie, Moray was approved by the Scottish Government in 2023. The application was determined following an appeal against non-determination of the planning application. The site was also subject of a Proposal of Application Notice, leading to the Pre-application consultation summarised below. 4. POLICIES National Planning Framework 4 NPF1 - Tackling the Climate NPF2 - Climate Mitigation and Adaptation NPF3 - Biodiversity NPF4 - Natural Places NPF5 - Soils NPF6 - Forestry, Woodland and Trees NPF7 - Historic Assets and Places NPF13 - Sustainable Transport NPF14 - Design, Quality and Place NPF15 - Local Living and 20 minute neighbourhood NPF16 - Quality Homes NPF18 - Infrastructure First NPF21 - Play, Recreation and Sport NPF22 - Flood Risk NPF23 - Health and Safety Moray Local Development Plan 2020 PP1 Placemaking PP2 Sustainable Economic Growth PP3 Infrastructure and Services DP1 Development Principles DP3 Long Term Land Reserves DP7 Retail/Town Centres EP1 Natural Heritage Designation EP2 Biodiversity EP4 Countryside Around Towns EP6 Settlement Boundaries EP8 Historic Environment EP12 Management and Enhancement Water EP13 Foul Drainage EP14 Pollution Contamination Hazards EP5 Open Space Page 26
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Settlement Statements Buckie - R8 Land at Barhill Road Buckie - LONG 1 Land to South West Buckie - Countryside Around Town Designation. 5. ADVERTISEMENTS 5.1 Advertised for neighbour notification purposes and as a departure from Moray Local Development Plan 2020. 6. CONSULTATIONS Transportation Manager - Approve subject to various conditions and informatives. Some of the developer obligations are intended to be help facilitate a safe travel route for the Cluny Primary School catchment. Moray Flood Risk Management - No objections having reviewed the updated Drainage assessment and associated drainage infrastructure plans. Aberdeenshire Council Archaeology - No objections. Strategic Planning and Development - The applicant has sought to address several points raised through the Quality Audit process and in the initial Strategic Planning and Development response. While most of these issues have been addressed, a couple of Policy departures remain outstanding;- Long Term Land Reserves (MLDP Policy DP3) The LONG designation currently has not been released through the HLA process and a shortfall in the 5 year effective supply or projected deliveries has not been identified. The application also does not demonstrate that any shortfall could not be met by the three means (or triggers) identified in DP3. The proposal therefore is a departure. It is noted that LONG1 is within Phase 2 of the masterplan. Notwithstanding the departure issue it is acknowledged that developing this phase will not compromise the delivery of a master planned approach for the site. However, concerns have previously been raised regarding developing LONG 1 ahead of western parts of R8 (in line with the LDP designation) will mean that the development of Summerton Square will be pushed into later phases. Placemaking, Design and Site Layout (NPF4 Policy 14 Design, quality and place; MLDP Policies PP1 Placemaking & DP1 Development Principles; Buckie South Masterplan) The proposal is considered to be a departure from PP1, Policy 14, and the Buckie South Masterplan and scored “red” in four categories in the QA that accompanies this response. Page 27
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This relates to the design of proposed frontage in the “Gables” character area. This sought to provide a strong and attractive frontage to the settlement that reflects elements of Buckie’s townscape. The proposed design does not meet the design principles set out in the masterplan and is therefore a departure from the masterplan and PP1. Environmental Health - Approve subject to conditions regarding noise of air source heat units, construction times and the need for a construction environmental management plan. A further condition was recommended controlling the use of the retail unit has been incorporated into a condition fulfilling other planning requirements. Buckie Community Council - The Community Council have raised the following concerns the amount of traffic already using Barhill Road, and the impact the housing and retail unit will have on future traffic levels. This necessitates improvements to the junction with the A98 also. There is a lack of provision for a bus to turn past the roundabout if a service was to be extended to the new development. There remains concerns over surface water flooding in the vicinity, and whether this development would make the situation worse. Officer Note: - these matters are addressed below in the observations section and addressed in conditions. Contaminated Land - No objections. Scottish Water- No objection, but the applicant will have to go through a separate application process with the applicant to confirm the supply and sewer connection required. Developer Obligations - Contributions sought for primary and secondary education, and a possible contribution acknowledged toward an active travel route toward schools. This element has yet to be confirmed, but the applicant is aware that it may be required. Scottish Environmental Protection Agency (SEPA) - No objections following revisions and clarifications given in relation to surface water flooding. Moray Access Manager - No objections. Housing Strategy and Development Manager - Approve subject to a condition altering the floors plans of one of the proposed affordable flats. 7. OBJECTIONS-REPRESENTATIONS NOTE: Following the determination of this application, name and address details will be/have been removed (i.e. redacted) in accordance with the General Data Protection Regulations (paragraph 3 of Minute, Planning & Regulatory Services Committee 16 September 2014). Page 28
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Issue: Traffic, Parking or Access problems. Insufficient parking for Lorry Deliveries to retail Unit. Insufficient parking for Shoppers/Staff/Residents of flats above retail unit. There is generally inadequate levels of parking for properties and visitors will block bus routes. Comment (PO): The proposals have been assessed by the Transportation Manager and the level of parking and access considered to be acceptable. This is a relatively small retail unit, so it is not anticipated that deliveries would be very frequent or substantive. The application beyond the necessary domestic parking standards does show additional visitor parking across the site. Issue: Has thought been given to the provision and Installation of solar powered flashing speed signs as found in Cullen. Comment (PO): These are not a planning requirement and would be a matter to consider separately by the Council as Roads Authority if considered necessary. Issue: Do the proposals sufficiently cope with the flood water on the site and will the Burn of Buckie be able to deal with the excess run off from non- permeable surfaces. Comment (PO): A detailed drainage and flood risk assessment have been accepted by both SEPA and Moray Councils own Flood Risk Management team. The surface water drainage for the site includes a substantive drainage basin which is designed to control and regulate the discharge from the site drainage into the Burn of Buckie. Issue: Has thought been given to where residents can seek refuge in times of emergencies including National ones? Comment (PO): The council has a separate emergency planning function which would consider such matters separate from the planning consideration of this development. Issue: In relation to the Retail Unit, has the possibility of a cellar stock storage area been considered. In the current Geopolitical situation might it be an idea to have cellars in all properties? Comment (PO): There is no requirement for this at present for the current planning application. 8. OBSERVATIONS 8.1 Section 25 of the 1997 Act as amended requires applications to be determined in accordance with the Development Plan i.e., the adopted National Planning Framework 4 (NPF4) and adopted Moray Local Development Plan 2020 (MLDP) unless material considerations indicate otherwise. 8.2 The main issues are considered below. 8.3 Environmental Impact Assessment The proposed development has been screened in relation to the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 as it is a Schedule 2 development in terms of the regulations. Having considered the characteristics of the development, the location of the development and characteristics of the proposed development it has been concluded that the proposal is not an EIA development. Page 29
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8.4 Background As this is a major planning application, under the terms of the Scottish Government’s Hierarchy of Developments there is a requirement for statutory pre application consultation with the community which has been undertaken with a Pre-Application Consultation Report submitted. 8.5 Pre-application public consultation was undertaken, with two public events undertaken in the Buckie area. Two events were held in August and September 2023 at the Fishermans Hall, Buckie and were attended by 14 individuals. The application is supported by a Pre-application Consultation Report, and comments were received about traffic capacity concerns, active travel and access to proposed allotments which were welcomed. 8.6 In order to consider the application against the various Policy requirements, the applicant has submitted a suite of documents in support of the planning application. Several of these were updates over the course of the application to ensure either Policy compliance or address specific points raised by consultees. The list of supporting documents included a drainage and flood risk assessment, Transport Assessment, Carbon statement and lifecycle assessment, Biodiversity Management Plan. 8.7 (NPF4 Policy 14, 15 and 16; MLDP 2020 Barhill Road R8 and LONG 1 Designation, PP1, DP1, DP2, DP3) Barhill Road designation R8 encompasses land on both sides of Barhill road and has an indicative capacity of 250 housing units. Only the portion of the site east of Barhill Road and south of the now developed R6 Barhill Road (S) designation is being developed in conjunction with designation LONG 1 on the east side of Barhill Road also. The site therefore proposes expansion into the LONG1 designation prior to exhausting all designation housing land within the Buckie Settlement Plan of the Moray Local Development Plan 2020. 8.8 NPF4 Policy 14 Design Quality and Place seeks to ensure that development is well designed and makes successful places by adopting a design led approach and applying the place principle. Policy 15 Local Living and 20-minute neighbourhoods seeks to create connected development where residents can meet the majority of their daily needs within a reasonable distance of their home. Policy 16 Quality Homes supports development proposals new homes on land allocated for housing in Local Development Plans. 8.9 MLDP Primary Policy PP1 Placemaking contains design criteria which all residential development must meet, with significant emphasis on placemaking, biodiversity and promoting health and well-being through good urban design. Policy DP1 Development Principles sets out the need for the scale, density and character of development to be appropriate to the surrounding area. Where proposals involve the development of part of a larger designation Policy DP2 b) requires that a comprehensive layout of the whole site be provided to the satisfaction of the planning authority and that the proposals comply with Policy DP1, other relevant Policies regarding access, housing, landscaping and open space, and that key design principles and site designation requirements are met. 8.10 In terms of Policy DP2 b) requirements, the submitted Design and Access Statement provides a rationale for the layout and design of the development. Page 30
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This will have been informed by the Buckie South Masterplan which was prepared in collaboration with the current applicants. 8.11 Barhill Road designation R8 encompasses land on both sides of Barhill Road and has an indicative capacity of 250 housing units. Only the portion of the site east of Barhill Road and south of the now developed R6 Barhill Road (S) designation is being developed in conjunction with designation LONG 1 on the east side of Barhill Road also. This has led to the development being advertised as a departure from MLDP Policy DP3 Long Term Land Reserves, where a portion of R8 on the west side of Barhill Road will remain undeveloped while development encroaches beyond the designation settlement boundary into the LONG designation. Generally, development should not, within the lifetime of a local development plan, advance into the LONG designation where other adjacent housing designations are yet to be developed. 8.12 The Buckie South Masterplan however recognises that development may logically spread from R8 on one side of Barhill Road south into the adjoining LONG designation adjacent to it before spreading into the opposite portion on R8 on the west side of Barhill Road. This progression, albeit moving into the LONG designation is reflected in the indicative phasing as shown in Figure 33 of the Buckie South masterplan. This does carry material weight as a planning consideration and justifies the departure from Policy DP3 in terms of the phasing order at Barhill Road. The applicants have also stated that the approach was taken so that a comprehensive and more cost-effective provision of traffic, drainage and other infrastructure such EV charging could be achieved where R8 is sub-divided by Barhill Road. This rationale is accepted and this in combination with the indicative phasing of the Buckie South Masterplan substantiates the consideration of the development as an acceptable departure from DP3 Long Term Land Reserves, EP4 Countryside Around Towns and EP6 Settlement Boundaries. 8.13 The phasing proposed entering into the LONG1 designation on the east side of Barhill Road, would not dimmish the need to focus any further phases of development toward the remaining portion of R8, where would naturally form the next area of expansion southward from the west wide of Barhill Road. 8.14 Place-making, Design and Site Layout (NPF4 Policy 14, 15, 16 and 21; MLDP Policy PP1, DP1, EP5 and Buckie South Masterplan) NPF Policy 14 (Design Quality and Place) requires proposals to be consistent with the six qualities of successful places which are healthy, pleasant, connected, distinctive, sustainable and adaptable. Proposals which are poorly designed, detrimental to the amenity of the surrounding area or inconsistent with these qualities will not be supported. Similarly, MLDP Policy PP1 (Placemaking) contains design criteria which all residential development must meet in relation to placemaking, character and identify, healthier safer environments, housing mix, open spaces/landscaping, biodiversity, parking, and/street layout and detail. MLDP Policy DP1 (Development Principles) sets out the need for the scale, density and character of development to be appropriate to the surrounding area. Page 31
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QA & NPF4 Policy 14 Category Final Score Buckie South Masterplan Compliance The development utilising the LONG designation takes it into conflict with Policy DP3 Long Term Land Reserves. The Buckie South Masterplan however does in its phasing shown in Volume 1 Figure 13 and Volume 2 Figure 33 show phasing similar to that currently proposed where development of tow phases on the east side of Barhill Road. The proposal presents an active, landscaped frontage onto Barhill Road, and meets the provides substantive landscaping throughout the site sought by the masterplan. The issue of the Gables character area is discussed below and it considered to be adequately reflected in the site layout and house designs give the other requirements of the layout design. Healthy: Supporting the prioritisation of women’s safety and improving physical and mental health. The proposed footpath along the southern boundary of the site, being bought inside the landscaping adjacent to lower front gardens and houses to improve passive surveillance. The rear parking and a play area all have benefit from passive surveillance. Pleasant: Supporting attractive natural and built spaces ensuring civic spaces, streets, public realm are lively and inclusive to promote social interactions. Connected: Supporting well connected networks that make moving around easy and reduce car dependency. Amendments have been made introducing an additional path along the southern edge of the site, which mitigates the lack of west-east permeability. Distinctive: Supporting attention to detail of local architectural styles and natural landscapes to be interpreted into designs to reinforce identity. Changes to house-types, design details make the southern facades sufficiently distinct, and overall layout with local art, enhanced landscaping etc will be distinctive. Sustainable: Supporting the efficient use of resources that will allow people to live, play, work and stay in their area, ensuring climate resilience and integrating nature positive biodiversity solutions. Adaptable: Supporting commitment to investing in the long-term value of buildings, streets and spaces by allowing for flexibility so that they can meet the changing needs and accommodate different uses over time. 8.15 In the consultation section the Moray Council Strategic Planning and Development Team consider the development as currently submitted to be a departure from NPF Policy 14 Design, quality and Place and MDLP Policy PP1 Placemaking, DP1 Development Principles and DP3 Long Term Land Reserves (discussed above). Their concerns stem from the placemaking goals of the Buckie South Masterplan more fully realised with a bespoke and distinct frontage on the character areas facing south reflecting the seafront gables of the Yardie seatown, and the distinct gables of the nearby older distillery bonded warehouses. 8.16 It is acknowledged that the southern side of the development does not provide the “strong and striking frontage” sought by the masterplan and as such does departs from the Policies PP1, DP1 and NPF Policy 14. The proposal can however be considered as an acceptable departure from these policies where, overall the layout and designs achieve the other design, amenity and quality requirements of the MLDP and the Buckie South Masterplan for the following reasons. Page 32
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8.17 Character and Identity The applicant has amended house designs, added additional windows, a variety of materials to the gables of the southern facing houses to strengthen the prevalence and identity of the gable features. These houses also sought to maintain a strong façade onto the proposed streets within which they are set, which the submitted designs achieve. While the distinct ‘gable’ theme could have been stronger the subsequent NPF4 and other design requirements of the local development plan required street front with adequate parking, garden space and landscaping to achieve a desirable streetscape. The layout and designs achieve this, and in time, when the landscaping along the southern boundary of the site becomes established, the form of the southern elevation of the development will become obscured. Notably also, where the detail of the southern facades will be view predominantly from traffic on the A98, the strength and function of the designs would be best to serve the internal viewers of the development. Given the site layout as proposed achieves the other requirements of the Quality Audit process, it is considered the development sufficiently meets the aspirations of the Buckie South Masterplan. 8.18 The amended character areas and house designs do provide and varied a distinct mix of property designs, mix of finishes, colours and surfaces that ensure the development will have a sufficiently distinct character. The amount of street planting, hedge provision (around various parts of the site such as the allotments) and wider landscaping will provide an overall distinct and quality development when compared to even the more recent housing development in Barhill Road. The retail unit, associated parking and open space at the north west corner of the development will also provide a bespoke gateway into the site, where no other retail units exist on Barhill Road. 8.19 Parking NPF4 Policy 13: Sustainable Transport supports new development where it is line with the sustainable transport and investment hierarchies and where appropriate provides safe links to local facilities via walking, wheeling and cycling networks, provides secure cycling parking, is designed to incorporate safe crossing for walking and wheeling and reducing the speed of vehicles, and takes account of the transport needs of diverse group, adequately mitigates any impact on local public access routes/MLDP Policies PP3 (Infrastructure and Services) and DP1 (Development Principles) require the provision of a safe entry/exit from new development, with appropriate infrastructure, parking, cycle parking and Electric Vehicle (EV) charging facilities. It should be noted that EV charging is now covered under the building regulations which negates the need to condition this requirement as part of the planning approval, but submissions do show the proposals still according with the requirements of MLDP Policy DP1. 8.20 The proposal meets parking requirements set out within MLDP Policy PP1 as a minimum of 50% of parking is to the side or rear of the building lines on both streets. Hedging is provided to mitigate the impact of parked cars on the street scene, with additional tree planting. Adequate secure cycle stores are also proposed for flatted properties within the development. 8.21 Connections Following the submission of revised plans, a path has been provided along the southern edge of the site, which will improve permeability throughout the site. This path, albeit informal and bound by trees will benefit from passive Page 33
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surveillance gained as the path passes the road end, and low hedged front curtilages of the properties adjacent to it. Other permeability and connections which are more likely to from within the site to lead the north following Barhill Road where it leads into Buckie and toward current school, health care and the coast are acceptable. 8.22 Open Space NPF Policy 21 Play, recreation and sport supports development likely to be occupied by children and young people where they incorporate well designed good quality provision for play, recreation and relaxation which is proportionate to the scale and nature of the development and existing provision in the area. Policy 21 also highlights that development proposals which include new streets should be inclusive and enable children and young people to move around safety and independently maximising opportunities for informal and incidental play in the neighbourhood, outlining the various requirements for new play provision. MLDP Policy EP5 (Open Space) contains open space standards for new development to meet in order to provide accessible multifunctional open space with supporting planning Policy guidance providing more detail on requirements. The development shows the inclusion upon landscaping plans of the open space consented under designation R6 (Barhill Road South). The applicant has however confirmed that this area does not form part of the 20% open space requirement and has been included to allow for amendment/enhancement of the landscaping area, and better connectivity between the existing and proposed housing developments. This calculation has been checked and the 20% open space is achieved excluding the area within designation R6 to the north of R8. 8.23 Plans were amended to ensure an adequate number and accessible type of play equipment was to be provided in the middle of the development. A condition is recommended addressing its ongoing maintenance and the timing of its provision. The playpark area beyond each individual play equipment mat will be surrounded by permeable grassmat safe surface which will ensure there is a firm accessible surface for users with accessibility issues. 8.24 While the proposed substantive Suds basin has been included in the overall open space calculation this has been accepted where it will be enhanced by a variety of biodiversity and landscape enhancement planting, park benches, footpaths and a focal point for the public art installation. This ensures it fulfils a variety of functions so as to comply with MLDP Policy EP5 Open Space b) iii) which quantifies what type of open space may be counted as open space. The SuDS basin is therefore legitimately included in the open space calculation. 8.25 Landscaping The Landscaping scheme has been the subject of notable modification and enhancement during the consideration of the application, in part to ensure compliance with the need to achieve a biodiversity gain across the site, as a result of the development. The landscaping submission between the landscaped areas and street trees see over comprises a range of semi-mature, heavy-standard and feathered trees, mixed species native woodland (including rowan, hazel, hawthorn, oak and Scots pine) and shrub planting, beech/hawthorn hedges, shrub beds/borders, wildflower species rich long grass areas and mown grass areas. Page 34
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8.26 They updated landscaping proposals also propose wetland planting within and around the SuDS basin to improve and soften its appearance. A condition is recommended to ensure that the species rich/wildflower areas a reviewed by an ecologist after 5 years, and re-established if necessary. 8.27 Local Retail In the northwest corner of the site, within the ground floor of the building type identified as the Finavon & Glamish apartments, a retail unit has been provided, although it is noted that the proposed unit’s layout includes provision of bathroom kitchen and a public counter/till area within the layout. The unit may therefore be appropriate for a range of uses that would contribute to the placemaking requirement. Being located at the northwest corner of the development an opposition adjacent to the main access, fronting onto Barhill Road will also add to the character and distinctiveness of the site entrance. The retail unit has a floor area of 86 sqm. A condition is recommended to ensure the unit is retained for retail purposes or for use as a food and drink in the event that it is chosen to be used as a cafe or other similar beneficial community use. The condition will allow for flexibility between these uses. 8.28 In terms of Buckie South Masterplan there is the intent to have a focal point, or village square on the opposite side of Barhill Road from the proposed retail unit. The distinct appearance of the block containing the unit, and its frontage onto Barhil Road may assist any future phase of Barhil Road where a focal point for the community may be developed. The proposed retail unit is therefore in accordance with the aims of MLDP Policy DP7 Retail/town centres in terms of the need for neighbourhood shops, and NPF15 Local Living and 20 minute neighbourhoods. 8.29 Climate and Nature Crisis, Mitigation and Adaptation (NPF4 Policy 1 and 2) NPF4 Policy 1 Tackling the climate and nature crisis and Policy 2 Climate mitigation and adaptation support development which addresses the global climate emergency and nature crises and minimises greenhouse gas emissions as far as possible. 8.30 The proposal sets out several measures which will be implemented as part of the Applicant’s wider commitment to minimising emissions. Positive measures taken for Speyview include installation of air source heat pumps, using local, sustainable materials in the construction of energy efficient timber-framed homes and the adoption of a fabric first approach, incorporating high levels of insulation and air tightness to ensure homes retain more of the heat put in. Homes will also provide the infrastructure required to install electric vehicle chargers. 8.31 A Carbon Reduction and Climate Risk Statement has been provided which sets out details of the methodology, embodied and operational carbon impacts, carbon management and reporting. The document has been submitted to the Climate Change Officer and is considered in principle to comply with NPF4 Policy 2 and associated Moray Planning Policy Guidance. It has been assessed by the Councils Climate change staff to be acceptable and compliant with NPF Policies 1 and 2. A condition is recommended to ensure that the development is developed in accordance with the approved Carbon Reduction and Climate Risk Statement. Page 35
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8.32 Natural Heritage and Biodiversity (NPF4 Policy 3 and 4; MLDP 2020 Policy EP1, EP2 and Barhill Road R8 and LONG1) NPF4 Policy 3 and MLDP Policy EP2 require new development to enhance biodiversity with measures that are proportionate to the scale and nature of the development. NPF4 Policy 4 Natural Places and MLDP Policy EP1 seeks to ensure that development does not adversely impact the integrity of protected designations (European, national and local) or protected species in terms of protecting designation integrity/interests and species. 8.33 The site itself is not subject to any environmental designations, but of note the Burn of Buckie runs along the eastern edge of the site, and the burn does form a green corridor where it flows northward through Buckie to the north. 8.34 In terms of local wildlife on and near the site, the submitted Preliminary Ecological Appraisal report (EA) has identified differing habitat types on the site (semi-improved grassland and tall ruderal species). A condition is recommended to ensure the environmental mitigation and biodiversity gains are realised. These have also been incorporated into some of the landscape management regime too, where the success of species rich/wildflower areas must be reviewed and replanted if required after 5 years. 8.35 A detailed landscaping plan has been submitted in support of the application which details tree, hedge, and woodland planting across the site, along with wildflower seed mixes and shrubs which will contribute to and enhance the overall habitat value and biodiversity of the site. The submitted Ecological Appraisal and Design and Access Statement propose a range of measures to conserve, restore and enhance biodiversity across the site. Given the site was previously agricultural land, and had limited biodiversity, the proposals which will see the planting of approximately 7000 trees, and thousands of shrubs and hedge plants will enhance the biodiversity of the site. Other measures such as bat boxes and habitat enriching planting are proposed too. 8.36 Drawing from the above, a substantive biodiversity gain will be achieved and subject to the conditions identified the proposal complies with NPF4 Policies 3 and 4, and MLDP Policies EP1 and EP2. 8.37 Affordable and Accessible Housing (NPF4 Policy 16; MLDP Policy DP2) NPF Policy 16 Quality Homes seeks to encourage, promote and facilitate delivery of high quality affordable and sustainable homes providing choice across tenures that meet diverse housing needs. MLDP Policy DP2 (d) requires that 25% of units are provided for affordable housing. 8.38 The proposed development will see 129 private houses, and 44 affordable units, ensuring that 25% of the properties will be affordable housing units, and the mix has been the subject of discussion with the Housing Strategy and Development Manager. Within this private housing there are also 11 accessible bungalow and 4 ground floor flats. This ensures compliance with both Policy 16, an also local development plan Policy DP2 (f) Accessible Housing. A condition is recommended however to revisit the layout of one specific apartment design covering 6 of the units, which needs revised to meet certain standards identified by the Housing Strategy and Development Manager. Page 36
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8.39 Of note the application includes 13 accessible housing across the site within the private housing, ensuring the 10% requirement is met under MLDP Policy DP2 f) of the Housing Policy. 8.40 Access, Parking and Sustainable Transport (NPF4 Policy 13; MLDP Policy DP1 and PP3) NPF4 Policy 13 Sustainable Transport seeks to encourage, promote and facilitate development that prioritises sustainable travel. MLDP Policies PP3 Infrastructure and Services and DP1 Development Principles require the provision of a safe entry/exit from new development, with appropriate infrastructure, parking, cycle parking and Electric Vehicle (EV) charging facilities. 8.41 It is proposed to provide 2 new bus stops on Barhill Road which will be accessible within 400m or 5 minutes walk from all parts of the proposed development. These stops could be served by the existing hourly 38 Buckie Town Service (38). The assessment of the local road network supports the site access proposals and concludes that the road network will continue to operate within operational capacity with the introduction of the additional traffic associated with the development proposals. It is considered that the network with the introduction of the development traffic will operate satisfactorily with no requirement for any further physical mitigation. 8.42 The street layout has also ensured that at least 50% of residential parking is located within, to the side or rear of buildings on each street so as to minimise the vehicle dominance of on-street parking. The provision of street trees, hedges and other landscaping within carpark areas further reduces the visual dominance of cars upon the streetscape. 8.43 Following review of the submitted plans, the Transportation Section has raised no objection subject to conditions. It is noted that consultation with the community council, and comments at the pre-application stage raised concerns over the capacity of Barhill Road and its junction with the A98. The Transport Assessment alongside other submissions does not however suggest to the Transportation Manager that such a capacity has yet been to be reached. 8.44 Subject to compliance with these conditions, the proposals would accord with the NPF4 Policy 13 and MLDP Policy DP1 and PP3. 8.45 Pollution - Construction and Operation (NPF4 Policy 23; MLDP 2020 Policy DP1 and EP14) NPF4 Policy 23 Health and Safety presumes against development that is likely to raise unacceptable noise issues. MLDP Policy DP1 Development Principles and EP14 Pollution, Contamination and Hazards seek to ensure that new developments do not create pollution which may adversely affect the environment or local amenity. 8.46 A Construction Environmental Management Plan (CEMP) will be required to minimise construction related noise, dust, and artificial lighting and to protect the water environment. The Environmental Health Section have requested a condition requiring of submission and approval CEMP, including the control of hours of construction works including vehicle movements. These would ensure that environmental emissions are considered and managed during the construction phase, in order to prevent nuisance to local residents. Page 37
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8.47 Subject to compliance with these conditions the proposal would accord with NPF4 Policy 23 and MLDP Policies DP1 and EP14. 8.48 Drainage, Flood Risk and Water Supply (NPF4 Policy 22; MLDP 2020 Policy DP1, EP12 and EP13) NPF4 22 Flood Risk & Water Management seeks to strengthen resilience of development to flood risk through avoidance as a first principle and reducing the vulnerability of existing/future development to flooding. It also advocates use of SuDS to ensure surface water does not increase flood risk to itself and others, and supports connection to public water mains unless this is not feasible. 8.49 MLDP Policy DP1 Development Principles, EP12 Management and Enhancement of the Water Environment and EP13 Foul Drainage requires development proposals to provide acceptable water and drainage infrastructure (including SuDS) and assessment of flood risk, with impacts satisfactorily mitigated and not to materially increase the possibility of flooding elsewhere. 8.50 The development would connect to the public water supply and foul network. Scottish Water, following consultation, has raised no objection to the grant of permission and has provided advisory notes, which shall be attached to the decision notice as recommended. 8.51 As required by the designation the applicant has submitted both a drainage and flood risk assessment. Moray Flood Risk Management and SEPA, following review of this supporting information, are content with the proposed drainage arrangements and have raised no objection. 8.52 Drawing from the above, the proposal is considered to comply with NPF4 Policy 22 and MLDP Policies DP1, EP12 and EP13. 8.53 Zero Waste (NPF4 Policy 12 Zero Waste) NPF4 Policy 12 Zero waste seeks to prioritise the reduction and reuse of materials in construction. The condition recommended requiring a Construction Environmental Management Plan will also be required to set out how construction waste will be managed by the site contractor and waste management during construction operations and recycled appropriately. Post construction, the proposals include bin store areas for the homes, which will be used to manage general household waste through the provision of separate waste and recycling bins which will encourage segregation and minimise cross contamination. On this basis, the requirements of Policy 12 are met. 8.54 Infrastructure and Services (NPF4 Policy 24; MLDP 2020 Policy PP3) To ensure that developments are adequately served by infrastructure to support the development applicants are required to confirm broadband connection to the site and to submit a utilities plan demonstrating how existing and proposed utilities have been incorporated into the development. The applicant has confirmed that each property will be provided with fibre optic cabling to each property and has provided the requisite utilities plan. Page 38
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8.55 Community Wealth Building (NPF4 Policy 25) NPF Policy 25 (Community wealth building) supports proposals that contribute to local or regional community wealth building strategies and those that are consistent with local economic proprieties. Guidance has also been prepared locally setting out where Community Wealth Building will be sought for a project, and this applies to the current proposal. 8.56 In compliance with NPF4 Policy 25 and associated Moray PPG, a Community Wealth Building Plan (CWBP) has been submitted which provides an overview of how the proposal maximises local employment and skills opportunities and stimulates local supply chain opportunities through construction and operational stages of the development. The Council’s Community Wealth Building Officer has assessed the submitted CWBP which is deemed to be acceptable, however a condition is recommended allowing or it to be updated post approval (if approved) to allow for it to be updated/refined. 8.57 Developer Obligations (NPF4 Policy 18; MLDP PP3) A Developer Obligations assessment has been carried out in accordance with NPF4 Policy 18 Infrastructure First and MLDP Policy PP3 Infrastructure and Services and associated supplementary planning guidance and has identified the need for contributions towards Primary and Secondary education alongside a possible sum toward a future Burn of Buckie active travel route bridge (yet to be determined). This future obligation has been accepted in principle by the applicant. Conclusion and Recommendation The proposals represent an acceptable housing development which will make a substantial contribution towards the provision of private and affordable housing in the Buckie area. The layout has been well designed, utilises high quality materials and creates a development with character, identity and incorporates substantial areas of open space. Subject to conditions securing landscaping, maintenance and biodiversity, the proposal complies with relevant Development Plan Policies or on balance constitutes an acceptable departure from Policy. The demand for housing, and affordable housing was made clear in the previous Reporters decision on the R8 site under the previous planning application appeal decision, and weight it attached to this need. Where, in the round, much if not all of the design elements of the Buckie South Masterplan can be achieved noting the on site obligations that must be achieved in the development layout, the proposal on balance is recommended for approval. Page 39
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REASON(S) FOR DECISION The Council’s reason(s) for making this decision are: - The development is considered to be an acceptable departure the Moray Local Development Plan 2020 (MLDP) Policies DP3 Long Term Land Reserves, EP4 Countryside Around Towns and EP6 Settlement Boundaries by virtue of its incursion beyond the settlement boundary into the Buckie LONG1 designation but does reflect the indictive phasing as shown in the Buckie South Masterplan. The proposal is also considered an acceptable departure from MLDP Policies PP1 Placemaking, DP1 Development Principles and NPF Policy 14 Design, quality and place where the design has not met the majority of all the design elements sought in the Buckie South Masterplan. The proposal is considered to be complaint with all other relevant National Planning Framework 4 and MLDP Policies. There were no other material planning considerations that indicate otherwise. Author/Contact Officer: Neal MacPherson Acting Development Management and Building Standards Manager Ext: 01343 563266 Neal MacPherson Acting Development Management & Building Standards Manager Page 40
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REPORT TO: PLANNING AND REGULATORY SERVICES COMMITTEE ON 27 NOVEMBER 2024 SUBJECT: PERFORMANCE REPORT (ECONOMIC GROWTH AND DEVELOPMENT SERVICES - PLANNING) – PERIOD TO SEPTEMBER 2024 BY: DEPUTE CHIEF EXECUTIVE (ECONOMY, ENVIRONMENT AND FINANCE) 1. REASON FOR REPORT 1.1 To inform the Committee of the performance of the service for the period to 30 September 2024. 1.2 This report is submitted to Committee in terms of Section III (A) (4) of the Council's Scheme of Administration to monitor performance in accordance with the Council’s Performance Management Framework. 2. RECOMMENDATION 2.1 It is recommended that Committee: (i) scrutinises performance in the areas of Service Planning, Service Performance and other related data to the end of September 2024 and; (ii) notes the actions being taken to improve performance where required. 3. BACKGROUND 3.1 On 7 August 2019, the Moray Council approved a revised Performance Management Framework for services (para 5 of the minute refers). 4. SERVICE PLANNING 4.1 Each service plan sets out the strategic and service level priorities and outcomes it intends to deliver in the coming year aligning closely with financial planning, corporate and community planning partnership strategic priorities. This report provides an interim update on progress on the service plan, key outcomes and performance indicators. Committee is invited to review Item 5 Page 41
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progress to secure assurance that is satisfactory and to provide scrutiny and further direction where performance requires attention. 4.2 Following approval of the Service Plan by Committee, a review of performance indicators has been undertaken and amendments made to align indicators with service outcomes 4.3 The narrative included is by exception. Links to Service Plan Actions can be accessed within the Background Papers section of this report. RAG Legislative/Regulatory 50% Workforce Planning 50% 50%OVERALL PROGRESS COMMENT: At the end of September, preparation and submission of Local Development Plan evidence report to Gatecheck is complete with good progress made with the Developer Obligations Guidance review. Work with the Improvement Service for the National Planning Improvement Framework (NPIF), originally expected to commence in August, is now planned for November. SERVICE PLAN OUTCOMES SERVICE LEVEL Service Level Outcomes – successes 4.4 Following approval at the special meeting of Moray Council on 24th April (item 8 of the minute refers), the Local Development Plan Evidence Report was submitted to Scottish Ministers, achieving the agreed deadline of June 2024. Work on the proposed plan is now underway. (Action EGD24-25 5.2.1) 4.5 Good progress has been made with the review of Developer Obligations Supplementary Guidance with the 6-week public consultation period closing mid-October. Work is now ongoing to finalise this document, in line with representations made, for reporting to a future meeting of the Planning and Regulatory Services committee. (Action EGD24-25 5.2.4) Service Level Outcomes – challenges and actions to support 4.6 Originally planned to commence in August, Moray Council’s work with the Improvement Service on the National Improvement Framework (NPIF) Cohort 3, will now begin during November with submission to the National Performance Team expected by March 2025. (Action EGD24-25 5.2.3) 5 SERVICE PERFORMANCE 5.1 In line with Performance Management Framework, operational performance is monitored quarterly by departmental management. Areas performing well and/or areas subject to a decreasing trend or where benchmarking results show performance below comparators will be reported to this Committee for member scrutiny. Page 42
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5.2 The narrative included is by exception, links to Service Performance Indicators can be accessed within the Background Papers section of this report. Operational Indicators – successes 5.3 The percentage of building warrants and first reports issued within 20 working days and those issued within 10 days of receipt of satisfactory information, have improved during quarter 2 with both reported well above target. (PIs ENVDVBS-KP01b and KP01c) 5.4 Despite the number of amended plans responded to increasing to 299, the average number of days taken for a response has fallen to 4.29, well below the target of 15 days. (ENVDV046a and 046b) Operational Indicators – challenges and actions to support 5.5 Nothing to report. 5 OTHER PERFORMANCE RELATED DATA Complaints & MP/MSP Enquiries 6.1 In line with the Performance Management Framework, complaints are reviewed quarterly by departmental management in terms of time taken to respond, outcome and learning points. Overall complaint analysis for Economic Growth and Development is incorporated in half yearly performance reports to the Economic Development and Infrastructure Committee. Detailed complaint tables can be accessed within the Background Papers section of those reports. 7 SUMMARY OF IMPLICATIONS (a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Page 43
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Performance measurement is used to ensure the efficient and sustainable delivery of services to meet the Council’s priorities in both the Corporate Plan and the LOIP. (b) Policy and Legal The Council has a statutory requirement to publish a range of information that will demonstrate that it is securing best value and assist in comparing performance both over time and between authorities where appropriate. (c) Financial implications None. (d) Risk Implications None. (e) Staffing Implications None. (f) Property None. (g) Equalities/Socio Economic Impact An Integrated Impact Assessment is not needed because the report is to inform the Committee on performance. (h) Climate Change and Biodiversity Impacts None (i) Consultations Depute Chief Executive (Economy, Environment and Finance), The Head of Economic Growth and Development Services, Service Managers and the Committee Services Officer have been consulted, with any comments received incorporated into this report. 8. CONCLUSIONS 8.1 At the end of September 2024, actions relating to Planning within the Economic Growth and Development Services Service Plan are 50% complete. Work will continue during the second half of 2024/25. Author of Report: Suzanne Wilson, Research and Information Officer Background Papers: Service Plan Actions Service Performance Indicators Ref: Page 44