Report for Tullibody Working Men's Club, Baingle Brae

CLACKMANNANSHIRE COUNCIL

Report to Regulatory Committee of 1st November 2007

Subject: Planning Application: Demolition Of Building And Residential Development Of Land At Tullibody Working Men's Club, Baingle Brae, Tullibody, Ref: 07/00297/OUT

Applicant: Benhar Developments Ltd, Per RAS Ltd, Stirling

Prepared by: Ian Duguid, Development Quality Team Leader

Ward: 1 Clackmannanshire West

1.0SUMMARY

1.1.This report outlines the planning issues associated with an outline planning application for residential development of the site of Tullibody Working Men’s Club. The assessment has addressed a number of key issues, including the characteristics of the area, the development plan allocation and related policies, representations by Tullibody, Cambus And Glenochil Community Council, letters received from a number of local residents and supporting information provided by the applicant.

1.2.This Service concludes that the principle of residential development is acceptable and recommends that the application is approved subject to conditions that will, amongst other things, seek to regulate access arrangements, building height, standards of residential amenity, impacts from noise of adjoining property and construction work.

2.0RECOMMENDATION

2.1.It is recommended that this application for outline planning permission is approved subject to the following conditions:-

1. Before any works commence on site, and as part of the first application for the approval of reserved matters described below, a design statement for the whole site shall have been submitted to and approved in writing by the Council. It shall accord with the terms of PAN68, Design Statements, and comprise the five stages of the design process, namely:

(i)Site and area appraisal;

(ii)Identifying the design principles;

(iii)Analysis;

(iv)Design concepts.

(v)The design solution.

2.(a) Before any works commence on site, the written approval of the Council as planning authority must be obtained for the details of the siting, design and external appearance of all buildings, the means of access and landscaping, including future maintenance.

(b) Particulars of the reserved matters referred to in item (a) above shall be submitted for consideration by the planning authority, and no work shall begin until written approval has been given.

(c) Application for approval of reserved matters shall be made to the Council as planning authority within 3 years of the date of this permission.

(d) The development hereby permitted shall begin within 5 years from the date of this permission or within 2 years from the date of approval by the planning authority of the last of the reserved matters to be approved.

3. The application or applications for the approval of reserved matters described in condition 2 above shall be shown on or include:-

(a) A site layout plan at a minimum scale of 1:500 showing the position of all buildings, roads, footpaths, parking areas, public and private spaces, walls, fences, landscaping and public art

(b)Plans and elevations of the houses or flats and any associated buildings, showing the dimensions and type and colour of external materials.

(c)Details of existing and finished ground levels, and finished floor levels, in relation to a fixed datum, preferably ordnance survey.

(d)Detailed drainage proposals including surface water drainage proposals prepared in accordance with "Sustainable Urban Drainage Systems, Design Manual for Scotland and Northern Ireland", including timescales for implementation.

(e)A demolition and construction method plan that contains the arrangements to minimise the environmental and road safety impact during construction activity on site and from all vehicle movements on the adjacent public road and footpath network.

4.The Proposed Site Layout (Drawing No. 03, Dated July ‘07), whilst generally acceptable, is NOT hereby approved. For the avoidance of doubt, the application or applications for the approval of reserved matters, described in Condition 2, above shall take account of the following requirements:

(a)Building height that does not exceed 2 storeys.

(b)An adoptable 3m wide adoptable shared cycle/pedestrian link from Ochil Street to Baingle Brae.

5.The first application for approval of reserved matters shall include details prepared by a suitably qualified person of the arrangements to minimise the risk of noise nuisance to the occupants of the house or flats from the air conditioning/refrigeration units on the rear of the adjacent property (22-28 Ochil Street). The approved arrangements shall be completed prior to the occupation of the first house or flat.

6.All roads and footpaths serving the housing development shall be constructed in accordance with the Council's Development Roads Guidelines and Specification.

7.Construction work on site shall only take place between the hours of 0800 to 1800 hours Monday to Friday, 0800 to 1300 hours on Saturday, and at no time on Sundays or local Bank Holidays.

For the following reasons:

1.To accord with the Town and Country Planning (Scotland) Act 1997. This permission is in outline only and the said details have not been approved.

2.To accord with the Town and Country Planning (Scotland) Act 1997. This permission is in outline only and the said details have not been approved.

3.To accord with the Town and Country Planning (Scotland) Act 1997. This permission is in outline only and the said details have not been approved.

4.To accord with the Town and Country Planning (Scotland) Act 1997. This permission is in outline only and the said details have not been approved.

5.In the interests of residential amenity.

6.In the interests of road and pedestrian safety.

7.In the interest of residential amenity.

3.0BACKGROUND

3.1.The site comprises a relatively regularly proportioned area of ground (almost 0.2 hectares), the substantial portion of which is occupied by the Tullibody Working Men’s Club building. It provides access on foot from Baingle Brae to Ochil Street and the adjoining town centre.
It is predominately surrounded by houses; one short section of the boundary adjoins the rear portion of the Co-op supermarket site (see location plan).

3.2.The existing building has been altered and extended over a period of time. The standards of amenity are mixed, influenced by building and ground conditions and surfaces, access/manoeuvring arrangements and the relationship of the club building to neighbouring properties.

3.3.This application seeks permission in principle to demolish the working men’s club building and redevelop the site for residential purposes. No detailed proposals have been submitted for approval, but the application is accompanied by an indicative site plan showing a row of two storey terraced flats and a parking area served off an extension of Ochil Street.

4.0CONSULTATIONS

4.1.Roads & Transportation have no objections to the application subject to conditions which seek to discourage on-street parking on Baingle Brae, providing an adoptable footpath from Ochil Street to Baingle Brae through the site and the provision of parking for the new development. Comment: These matters can be adequately dealt with by conditions.

4.2.Environmental Health advise that the property is known to contain asbestos and the developer will require to notify the Health And Safety Executive in advance of any development taking place. Secondly, the neighbouring supermarket at 22 – 28 Ochil Street has four air-conditioning and refrigeration units located close to the site. Any detailed proposals will require a noise survey to ensure that predicted internal noise levels meet the required standard. It finally recommends that construction work be restricted to the normal working hours. Comment: The first of these matters would properly be dealt with by the Health And Safety Executive. A noise assessment can be included as a condition of planning permission, and there is nothing to indicate that the operation of the equipment on the adjacent property could not be reasonably accommodated. Restrictions in working hours and potentially access arrangements, can be imposed.

4.3.Tullibody, Cambus & Glenochil Community Council ask that the following issues be considered as part of the application:-

1)The building currently provides a social amenity for members of the local community. The proposed development would represent a further loss of a social and recreational facility for the town. Furthermore, it would represent the loss of the potential for a commercial, retail or community facility to be developed on the site. Comment: These issues are examined later in this report.

2)The site offers pedestrian access from the Baingle area to the main shopping area in the town and health centre. If this was lost, it could prove a hardship for many local people. Comment: This Service recommends that any grant of planning permission safeguards and retains pedestrian access from Baingle Brae to Ochil Street and the Town Centre.

3)The Community Council would object strongly to any buildings over two storeys in height. Most of the surrounding buildings are only one storey high. Comment: Again, having regard to the particular characteristics and proximity of buildings in the surrounding area, a restriction of this nature would appear to be appropriate. Our recommendation has been formulated accordingly.

5.0REPRESENTATIONS

5.1.Twenty-two neighbours were notified of this application, including a total of 17 local residents. Representations have been received from the following list of neighbours, although it is emphasised that these are duplicate representations, i.e. a standard letter signed and sent in by separate householders:-

Mr F Fullerton, 10 Newmills, Tullibody

Mr & Mrs Henderson, 12 Newmills, Tullibody

Mrs L Scotland, 14 Newmills, Tullibody

Mr William Pearson, 16 Newmills, Tullibody

Mrs E Love, 18 Newmills, Tullibody

Mrs Netty Smith, 32 Ochil Street, Tullibody

5.2The duplicate letter may be summarised as follows:-

1)Although this is only an outline planning application, clarification is sought on the siting of flats and the height of the development. Any development over two storeys in height will be inappropriate within a cul-de-sac of this nature where views beyond the site boundary are already limited. Comment: The final site layout has not yet been submitted or examined. We would again confirm that a two storey limit on the height of buildings is appropriate to this particular cul-de-sac location where there are a number of houses of lower or equal height.

2)Concern is expressed about the access and egress to the cul-de-sac. The only access available to residents would be via Baingle Brae which is relatively steep or to use steps which are in a poor condition and poorly lit. Comment: Again, this is a matter largely relating to any detailed proposals for redevelopment of the site. The Service is confident that site access arrangements can be approved in due course which provide adoptable standards of access for pedestrians, which will be suitable for elderly and disabled residents alike.

6.0PLANNING CONSIDERATIONS

6.1.This outline planning application should be determined in accordance with the provisions of the Development Plan, while taking account of other material considerations. It is largely the Clackmannanshire Local Plan section of the Development Plan which is relevant to this particular proposal, and it was in that context that the current proposal was advertised as a potential departure from 2 specific policies, namely that relating to a presumption in favour of commercial uses in town centres and the policy on retention of business uses or sites within Clackmannanshire generally.

6.2.Examining these policies in more detail, Policy JOB 3 on small businesses indicates that where the existing or previous use of a site is or has been business, it’s retention for business use will be favoured. Normally, it will be necessary to provide sufficient evidence of independent marketing to demonstrate that there is no appropriate demand for business use in circumstances where a proposal involves the loss of such a business development. However, there is an exception to those arrangements, namely one where the Council determines that residential reuse would be preferable for reasons of amenity, and having concluded our assessment of the current proposal, there are indeed compelling and persuasive reasons for concluding that the residential amenity of many surrounding houses will be potentially enhanced by the proposed housing use. Accordingly, evidence of independent marketing is not deemed necessary to comply with this policy, but we have nevertheless sought the applicant’s response to this policy position. We have in turn received information confirming that the club has experienced a significant drop in turnover with equally significant financial implications. The club has a high cost base and the premises where becoming increasingly dilapidated. Although the club was sold to a company with a portfolio of licensed premises, that company believes that there is no future for a licensed business at this site. It points out that there are two other licensed premises within a short distance of this site and one another.

6.3.Clackmannanshire Local Plan delineates the town centre of Tullibody, and the application site forms part of that designation. Policy JOB7 indicates a presumption in favour of allowing a variety of commercial uses within neighbourhood shopping centres and town centres, and confirms that residential development at ground floor level will be discouraged. On balance therefore, the proposal does not accord with that policy position. However, the town centre boundary shown on the local plan includes 14 houses close to the application site, 9 of which are part of a total of 14 separate houses which bound the application site. In those circumstances, and acknowledging also the absence of a conventional public road frontage within town centre environment, it would be wholly inappropriate to adhere to this over arching policy position.
Moreover, the proposed residential development would secure a more compatible land use and offer the potential to enhance the local environment while retaining and enhancing existing access arrangements to the town centre itself.

6.4.The Service acknowledges the concerns expressed by local residents on certain detailed aspects of the proposal. However, we are persuaded that the absence of any objections to the principle of residential development, together with the opportunities to enhance the locality, should support a favourable decision on this application, subject to the conditions set out in Section 2 of the report which, in part, address the concerns expressed by local residents and the Community Council in relation to the height of buildings, pedestrian access to the town centre and public safety.

7.0SUSTAINABILITY IMPLICATIONS

7.1.

8.0FINANCIAL IMPLICATIONS

8.1. None

8.2.Declarations

(1)The recommendations contained within this report support or implement Corporate Priorities, Council Policies and/or the Community Plan:

• Corporate Priorities (Key Themes) (Please tick )

Achieving Potential
Maximising Quality of Life
Securing Prosperity
Enhancing the Environment
Maintaining an Effective Organisation

• Council Policies (Please detail)

• Community Plan (Themes) (Please tick )

Community Safety 
Economic Development
Environment and Sustainability
Health Improvement

(2)In adopting the recommendations contained in this report, 
the Council is acting within its legal powers. (Please tick )

(3)The full financial implications of the recommendations contained
in this report are set out in the report. This includes a reference
to full life cycle costs where appropriate. (Please tick )

______
Head of Development Services

Report For Tullibody Working Men's Club, Baingle BraePage 1 of 8