/ Steve Rogers – Head of Planning & Building Standards Services
Kirkbank, English Street, Dumfries, DG1 2HS
Telephone (01387) 260199 - Direct Dial Fax (01387) 260188

Planning Applications Committee Report

ERECTION OF RESIDENTIAL CHILD CARE UNIT (CLASS 8) WITH ATTACHED GARAGE AND WORKSHOP, INSTALLATION OF SOAKAWAY, FORMATION OF ACCESS AND ASSOCIATED LANDSCAPING

AT LAND TO EAST OF HARDTHORN ROAD AND SOUTH OF A75, DUMFRIES

Application Type: Full Planning Permission

Applicant: Dumfries & Galloway Council, / Ref. No.: 11/P/3/0430

Recommendation - Approve subject to conditions

Ward - North West Dumfries

Hierarchy Type (if applicable) - Local

Case Officer - Lindsey Brown

1 BACKGROUND

1.1 Under the Scheme of Delegation, this application requires to be considered by the Planning Applications Committee as the application has been made by the planning authority and relates to land under the ownership of the planning authority.

1.2 The application relates to an area of land which lies directly adjacent to Hardthorn Road and south-east of the A75 - Dumfries Bypass. To the south-west of Hardthorn Road is the Blackley Park housing development and Lochduhar Nursing Home. The site lies within the Dumfries settlement boundary and is identified as Opportunity Site 8 (OPP 8) in the Nithsdale Local Plan. The site is not covered by any landscape or other designations but is identified as being potentially contaminated due to the previous deposit of a large mound of unknown material which had been imported from elsewhere.

1.3 The site itself, which extends to 4431m², is currently part of a grassed field. The site is generally level with ground levels beginning to rise in the eastern corner of the site and continuing to rise beyond the boundary of the application site. The south-west boundary to Hardthorn Road is marked by a hedge with some small trees and bushes between the boundary and Hardthorn Road; the northern boundary with the bypass is a 2 metre high chain link fence and the south and east boundaries are undefined.

1.4 A similar application (10/P/3/0523) was submitted in October 2010 but was withdrawn to allow time to resolve a number of outstanding matters in relation to design, access, parking, contaminated land and foul drainage. No pre-application discussions had been undertaken prior to the submission of the original application.

1.5 The current application is for the erection of a residential child care unit (Class 8) with attached garage and workshop and the formation of a new vehicular access onto Hardthorn Road. The building has a footprint of 279m² and is predominantly 1½ storey with a single storey attached garage, workshop and games room to the rear. The overall height of the building is 8 metres. The proposed finishes include natural slate to the roof; white render and vertical timber cladding to the external walls, black facing brick to basecourse and corners and white uPVC windows and doors.

2 CONSULTATIONS

2.1 Council Roads Officer: No objections subject to conditions.

2.2 Council Contaminated Land Officer: No objections subject to conditions.

An approach has been agreed between the Contaminated Land Officer and the applicant regarding the contaminated area found on this site. The made ground in the north of the site in the area of borehole BH2 is to be chased out, removed and replaced with clean material. The removal should be inspected and approved by one of the Contaminated Land team, and one week's notice should be given in writing to the Contaminated Land team of the date that the works will take place. This agreement should be applied as a condition to the application.

2.3 Council Environmental Standards: No response received.

2.4 Scottish Water: No objections.

2.5 SEPA: No objections.

Standing advice for small scale local development.

3 REPRESENTATIONS

3.1 None received.

4 REPORT

Relevant development plan policies:-

Dumfries & Galloway Structure Plan

C5 - Location of Health & Social Welfare Facilities

Nithsdale Local Plan

General Policy 1 - Development Principle

General Policy 2 - Development Considerations

General Policy 7 - Siting & Design

General Policy 60 - Water Sewerage & Drainage Provision

General Policy 80 - Residential Institutions

4.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires planning authorities, when making a determination under the Planning Acts, to have regard to the Development Plan and to make the determination in accordance with the Plan unless other material considerations indicate otherwise.

4.2 When determining applications, the Council is required to consider the overall aims and objectives of the development plan as well as the above subject policies. The guiding principle of the Dumfries & Galloway Structure Plan is to encourage the growth and development of sustainable communities in Dumfries & Galloway. To achieve this, the following aims have been set out for the Structure Plan:-

·  To support development of the local economy

·  To support urban and rural communities

·  To support and protect the natural and built environment

·  To make best use of services and facilities

4.3 The key considerations in respect of this planning application are:-

·  Principle of the development

·  Siting and design

·  Access and servicing

·  Contaminated land

Principle of the development

4.4 The site lies in the western corner of the site identified as Opportunity Site 8 in the Nithsdale Local Plan as, at the time the Local Plan was produced, the site was considered potentially suitable for the development of a Road / Rail Interchange / Lorry Park on the basis that it lies adjacent to the former ICI railway line and is well located in relation to the Dumfries Bypass. However, as a result of the former railway line being formed into a footpath / cycle path, it is now unlikely that such a development would be pursued.

4.5 In addition, it is not considered that the proposed development would prejudice the development of the remainder of Opportunity Site 8. The opinion of colleagues in Development Planning, in terms of the future development of the remainder of Opportunity Site 8, is that it would be best suited to small business units which it is envisaged would take access from the Dumfries Bypass Glasgow Road roundabout through Maxwelltown Industrial Estate. Due to the predominantly residential areas off Hardthorn Road, it would not be appropriate for business and industrial traffic to access the site from Hardthorn Road. As a result, it is deemed that the development of the site would have no significant effect on the future development of the remainder of Opportunity Site 8. In light of the above, there are no objections in principle to the development of this site.

4.6 Consideration turns, therefore, to the principle of the development of the site for the proposed purpose. The development of new residential care facilities are supported by Structure Plan Policy C5 and Nithsdale Local Plan General Policy 80 providing:

·  the proposal, in conjunction with existing, proposed or committed Class 8 uses would not result in an over-concentration of such uses in one particular area;

·  it would meet the needs of local client groups;

·  it would be sited within or adjacent to an established settlement;

·  would be easily accessed by a range of transport modes;

·  it can be adequately accessed and serviced; and

·  it would not have an unacceptable impact on the local road network

4.7 Lochduhar Nursing Home lies to the south-west of Hardthorn Road, approximately 50 metres south of the application site. While the current proposal would result in 2 residential care homes in the immediate locality it is not considered that this would constitute an over-concentration. In addition, the nature, scale and client groups which the two care homes would serve are different.

4.8 The proposed residential care home is to be provided to meet an identified need within a specific client group in that it would be a small home (5 bedrooms) designed to cater for young people. The site also lies within the Dumfries settlement boundary and can be accessed by both public and private transport. Hardthorn Road is on an established bus route which is served by a regular bus service into the town centre.

4.9 In terms of traffic generation, the Council Roads Officer is content given the scale and nature of the proposed care home that there would not be a significant impact on the local road network. As a result of the low level of vehicular usage expected, the development is intended to be served by a simple drop kerb access arrangement. The Council Roads Officer considers that such an arrangement is acceptable. It has also been advised that satisfactory visibility is achievable in both directions and that sufficient parking and turning can be provided within the curtilage of the site. As a result, the Council Roads Officer is content with the proposals subject to conditions.

4.10 The proposal would be served by the public water and sewerage systems and surface water would be drained to a soakaway within the application site. Scottish Water has indicated there is sufficient capacity at both the water and waste water treatment works. Both Scottish Water and SEPA have confirmed that they are content with the proposals. On this basis, the development can be adequately serviced.

4.11 The proposals meet all of the criteria set out in Structure Plan Policy C5 and Nithsdale Local Plan General Policy 80. In addition, the proposed development would not give rise to any material degree of land use conflict and would not detract from or be incompatible with the character or amenity of the locality. The proposals, therefore also comply with General Policy 1 of the Nithsdale Local Plan. Overall, the principle of the development is acceptable.

Siting and design

4.12 The proposed care home would lie to the north-east of Hardthorn Road, where it would be located at slightly lower level than the public road and be partially screened by the existing landscaped area. As there is no existing development in the immediate locality, there is no existing reference in terms of either siting or design.

4.13 The development is to be set within a good sized plot which would enable a high level of residential amenity to be provided for the residents and also allow sufficient space for accessing and servicing purposes. As a result of the separation distance from existing residential development in Blackley Park to the south-west and existing landscaping, there are no issues regarding residential amenity. It is also considered, due to the distance from the Dumfries Bypass (48m approx) and the enclosure of the bypass by the existing embankments, that the proposed care home would not be subject to excessive noise levels.

4.14 The 1930s / 1950s dwellings to the south-east of the site on Hardthorn Road have formed the design inspiration for the proposal, although it is of greater scale, bulk and massing. It is considered that the proportions of the proposed care home have been skewed in the scaling up with the 1½ storey element having a very high roof to wall ratio and a significant bulk and massing. Concerns over the design of the building were raised during consideration of the previous application and during pre-application discussions in relation to the current proposal in an attempt to seek design improvements. These recommendations have not been incorporated in the submitted proposals and it is considered that an opportunity to improve the design quality of the development and the locality in general has been missed. As a result of the existing quality of design in the locality and the lack of any special protection within the area (e.g. it is not a Conservation Area), the design, however, is not deemed to be of a standard that would alone warrant a recommendation of refusal.

4.15 The chosen materials reflect those of existing development in the locality, but the colour palette does not; instead of the red tones commonly found in the local red sandstone and facing brick it is proposed to use a black facing brick together with the white render and timber cladding. As a result of the lack of any direct relationship with existing development and a softening of the development by the existing landscaping, it is considered that the materials proposed are generally acceptable. A condition is recommended which will require precise details of all finishes to be submitted for approval.

4.16 The drawings indicate very little proposed landscaping within the site itself, however, there is an existing bank of trees and bushes along the western boundary of the site which will provide some screening from the road as these are established trees and bushes. The use of landscaping is essential in helping to create a setting and to integrate buildings into the landscape and it is particularly important in this instance given the open nature of the site and the proposed scale and design. It is, therefore, considered necessary to attach conditions to ensure the existing landscaping is retained and that additional soft landscaping is provided within the site in order to soften the impact of the development, including the ranch style timber fencing which is the proposed boundary treatment.