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Contents Page - Issue 44 - Tillicoultry and Coalsnaughton Sites and

Proposals

1. Schedule 4

2. Representations

GL Hearn for Hallam Land Management (CLDP033)
SEPA (CLDP122)
Mr Francis Provan (CLDP003)
Mark Monaghan (CLDP023)
Winifred Lees (CLDP014)
Amanda Arnott (CLDP072)

3. Supporting Documents

CD001 Scottish Planning Policy (February 2010)
CD068 Decision Notice 03/00174/OUT [attached]
CD073 Decision Notice 10/00036/MSC [attached]
CD075 SEPA Flood Map Extract - H42 - Lower Mill Street, Tillicoultry
[attached]
CD103 Flood Risk Management (Scotland) Act 2009




























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Issue 44 Tillicoultry and Coalsnaughton Sites and Proposals
Development Plan
reference:
H42 - Lower Mill Street, Tillicoultry
(Page 150)
H43 - Middleton Mill, Tillicoultry
(Page 151)
T24 - Coalsnaughton Bypass (Page
153)
Reporter:
Body or person(s) submitting a representation raising the issue
(including reference number):

GL Hearn for Hallam Land Management (CLDP033)
SEPA (CLDP122)
Mr Francis Provan (CLDP003)
Mark Monaghan (CLDP023)
Winifred Lees (CLDP014)
Amanda Arnott (CLDP072)

Provision of the development
plan to which the issue relates:
H42 Lower Mill Street, Tillicoultry
H43 Middleton Mill, Tillicoultry
T24 Coalsnaughton Bypass
Planning Authoritys summary of the representation(s):

GL Hearn for Hallam Land Management (CLDP033) support the allocation
of site H42, but request changes to the wording accompanying it. Indicate
their reasoning is based upon the need not to hamper delivery of the
development already approved i.e. with planning permission since the plan
could adversely affect its commercial viability.

Also additional developer requirements are listed in the Schedule of Sites to
that already included in the extant planning permission 03/00174/OUT
(CD068).

SEPA (CLDP122) Recommend removal of site H42 or reduction in numbers
and text revision.

Mr Francis Provan (CLDP003) Asks for the site at Middleton Mill (H43) to be
tidied up and that the neighbouring footpaths have surface improvements.
Asks when the Tillicoultry Glen will again be open to the public.

Mr Mark Monaghan (CLDP023) Objects to the site allocation H43 - former
Middleton Mill, Tillicoultry. It should not be allocated for any form of
development as he feels the natural regeneration that has taken place there
should be the preferred condition for the site.

Ms Winifred Lees (CLDP014) Firstly, asserts that reference to site H44 ought
to read "H45". Secondly, that the site area wrongly covers the pathway
adjacent to her home and includes the woods to the north of her property as
part of the development. Believes that the path is a Right of Way and the
woodland is a protected area.
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Amanda Arnott (CLDP072) Objects to an unnecessary bypass road. If a road
is to be built it will be a significant obstacle to the established active travel
network. Particularly that the safety, convenience and attractiveness of
established paths and travel routes to local places of interest and activity will
be adversely affected.

Modifications sought by those submitting representations:

GL Hearn for Hallam Land Management (CLDP033) consider that the
'Development Requirements' section relating to site H42 should be amended
to remove those matters that have already been addressed through planning
permission 03/00174/OUT (CD068) and that the most straightforward way of
addressing the issue is for the LDP to simply advise that site H42 requires to
be developed in accordance with planning permission 03/00174/OUT
(CD068).

SEPA (CLDP122) The majority of the site has been show to be within the 1 in
200 functional floodplain from specific flood risk assessments. The site is at
risk both from the River Devon and from the Tillicoultry Burn. The Tillicoultry
Burn has been shown to come out of bank upstream of the site location and
flow through the existing housing estate and then through the site. Site layout
and mitigation have been agreed at this location (planning application
10/00036/MSC) (CD073) which has been approved (December 2010). SEPA
only became involved with the application once the outline permission had
been granted. Mitigation in the form of land raising and overland flow diversion
channels around the development platform were agreed to maximise an area
of land available for housing. The main vehicular access to the site has been
shown to be within the functional floodplain but an alternative emergency
access was agreed to the east of the site. If planning permission lapses the
same mitigation is unlikely to be supported as land raising in an undeveloped
location in the functional floodplain is not preferred in terms of the aims of
sustainable flood risk management. Avoidance of development in areas at risk
of flooding is the cornerstone of sustainable flood management. In order that
the functional flood plain is safeguarded in perpetuity and development on the
flood plain avoided in accordance with Scottish Planning Policy (February
2010) (CD001) and the Flood Risk Management (Scotland) Act 2009 (CD103)
only a very small area of the site would be available for housing development.
We therefore recommend that your authority considers if it is appropriate that
this site should remain as outlined in the LDP if the current planning approval
lapses. SEPA recommend that the size of the allocation is considerably
reduced to highlight to developers that only land outwith the functional flood
plain is available for development as per current practise. Furthermore the
number of units in the development should be reduced to indicate the limited
nature of the development opportunity. In order to limit the alteration of natural
flow paths it is recommended that consideration is given to removing the new
access road from Lower Mill Street from any proposal included within the
LDP. As a final point we recommend removal of the text "SEPA identified
potential flooding issues" from the developer requirements text.

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Mr Francis Provan (CLDP003) requests that the Council initiates some form
of enhancement to the appearance and condition of site H43 to make it more
pleasing and tidy until it is developed. Requests that improved path surfaces
are provided and generally local amenity is tidied by removing waste tipped
there.

Mr Mark Monaghan (CLDP023) seeks that site allocation H43 is removed
and the site is not developed at all. Implicitly he indicates that the site's natural
qualities (natural regeneration) ought to be conserved.

Ms Winifred Lees (CLDP014) seeks clarification only.

Amanda Arnott (CLDP072) Bypass is not required and so ought not to be
included in the plan. Also any new road will adversely impact on the safety
and convenience of the established active travel network in the area.

Summary of responses (including reasons) by Planning Authority:

GL Hearn for Hallam Land Management (CLDP033) Development of this
land has not commenced. The Proposed LDP does not prejudice the
commercial prospects for development i.e. any reserved matters that have
been discharged through the formal planning process form an integral part of
the entire development of the land. The Proposed LDP must ensure that it
remains fit for purpose especially if it transpires that any planning permission
is not implemented. It is important that only development that meets the
required planning criteria for a sustainable development solution of the land is
secured. This includes that the viability of its development is not unacceptably
affected. No changes are therefore sought to the LDP.

Any additional planning requirements contained in the Proposed LDP that are
not within the planning permission will not be an obligation placed on that
proposal. Only if that extant permission is not implemented would they be
considered as requirements for the site through any future planning
applications. No changes are therefore sought to the LDP.

SEPA (CLDP122) The development requirements reflect the planning
consent on site and the FRA undertaken to determine the functional flood
plain and the developable land on site. The road access from Lower Mill
Street has been designed to accommodate the flow paths through the site.
Due to the nature of the surrounding road network it is not considered
possible for a suitable alternative access to be provided to the development
site. The designated site includes land which is related to the wider
development in terms of infrastructure and amenity space and does not define
the land available for built development. It is noted that the site is within a
locality identified as at a likely risk from flooding on the SEPA flood maps
(CD075) and a statement to this effect could be used to replace text "SEPA
identified potential flooding issues", if the Reporter is so minded.

Mr Francis Provan (CLDP003) While this is not primarily a Development
Plan matter, the relevant Services within the Council have been informed
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about the concerns for general amenity in the vicinity. No changes are
therefore sought to the LDP.

Mr Mark Monaghan (CLDP023) There is no evidence that the site is of
nature conservation or high amenity value. It is a former industrial, brownfield
site. The proposal makes reference to re-naturalising the burn, which may
help to improve biodiversity in the area. The amenity of existing residents will
be considered should any proposals come forward under Policies 5 'Layout
and Design Principles' and SC8 'Domestic Developments', which seek to
secure quality development outcomes including protection of amenity for
established residences. No changes are therefore sought to the LDP.

Ms Winifred Lees (CLDP014) Proposal H44 seeks to secure that the
footpath routes at Crankie Brae and through the woodland edge of the site are
retained and enhanced. Further, there is a requirement for the provision of
community woodlands, structural planting and landscaping to the site
perimeters and significant improvements to the landscape edge on the west
side of Coalsnaughton. The proposed LDP identifies specifically the
opportunity for significant woodland planting with cycle/footpath running north-
south between Wardlaw Street/Core Path 127 and cycle route (Blackfaulds
Street) to north. (Core Path 75 upgrade). It is considered that this addresses
concerns about the woodland and footpaths within the proposed development
site. No changes are therefore sought to the LDP.

Amanda Arnott (CLDP072) The Proposed Local Development Plan seeks to
safeguard land from any development that might prejudice the ability for a
new bypass road to be delivered as an integral part of any future urban
expansion to the south of Coalsnaughton. There is no known commitment nor
any budget for a new road to be created there and it will largely depend on
private finance to be committed for it to happen. The submission is correct
that there has been no full assessment of the line any road should take. The
Proposed Local Development Plan indicates this will require to be fully
assessed when it is agreed that a bypass road is needed. Meantime the
Proposed Local Development Plan seeks to safeguard the ability to do that
effectively by ensuring that the impact of any development which may impact
on any potential future route is fully considered and would not prejudice any
future infrastructure development. No changes are therefore sought to the
LDP.

Reporters conclusions:

Reporters recommendations: