* DINBVR.GH* n.,e: CITY OF eCINBUAGH COUNCIL

Item no 3 Report no

Planning Permission 11/01708/FUL at 80 Albion Road Edinburgh EH75QZ

Development Management of the Planning Committee

1 Purpose of report

Sub-Committee

To consider application 11/01708/FUL, submitted by Places For People. The application is for: Residential development of 126 flats and ancillary office accommodation.

It is recommended that this application be GRANTED subject to the conditions below.

2 The Site and the Proposal

Site description

The development site extends to 0.68 ha and is currently split between land within the 'Lochend Butterfly' housing site and a former bowling club to the west. A seven storey block forming part of the Lochend Butterfly is currently under construction by Barratt Homes on land to the south. To the east lies an internal access road serving the wider housing development. A stone boundary wall separates the access road from Lochend Park, which provides an attractive outlook to the east. A separate seven storey residential development constructed by West Point Homes overlooks the site to the north. The Albion Business Centre lies to the south of the former bowling. Uses of the centre include a music studio, furniture makers and a joinery business. The Easter Road Football Stadium to the west has recently been redeveloped with new stands constructed. The significant height and massing of the stands dominate views from the site to the west.

The two parts of the site are split by a boundary wall, separating the bowling club from the lower site which has been excavated as part of a previous housing proposal. Part of the site forms part of a Local Biodiversity Site. There are no listed buildings within the site.

Site History

12 May 2004 - Consent was granted for 356 flats on the northern 'wing' of the Lochend 'Butterfly' site (Ref 03/02270/FUL). The supporting master plan prepared for both the north and south development sites showed flatted blocks of 6-8 storeys with underground parking fronting onto an internal access road. The building on this site was identified as block 2 and comprised a 6 storey block split into 3 sections totalling 84 units. A legal agreement for Lochend Butterfly was concluded in May 2004. Non-material amendments to the design were agreed in December 2006, March 2007 and October 2007.

29 September 2006 - Consent was granted for a minor change to the size of individual dwelling units across the northern site (Ref 06/02761/FUL). Block 2 was amended and extended to the south to form a single building containing 72 units. A revised legal agreement covering affordable housing, education and transport matters was concluded in October 2006. The agreement requires 100 affordable residential units to be provided on the south site, triggered by development on the north site.

11 October 2006 - Consent was granted in outline for residential development on the former bowling green (Ref 06/00184/0UT). A legal agreement relating to transport matters was concluded in October 2008.

11 February 2009 - Members resolved to grant reserved and full planning permission for an L-shaped 6 storey building with 7 and 8 storey corners on the current application sites (Refs 08/01136/REM and 08/01116/FUL), subject to amending the existing legal agreements. The total number of units to be created across both sites was 163, including 42 affordable units.

Pre-Application Process

Pre-application discussions took place on the proposals and advice was given on the design and layout of the development in context with previous minded to grant and consented schemes and in terms of updated guidance. The applicant's intention to deliver the development as affordable housing under the National Housing Trust was also discussed.

2

In accordance with The Planning etc (Scotland) Act 2006, a Proposal of Application Notice was submitted and registered on 4 March 2011. Copies of the Notice were also issued to:

Leith Central Community Council

Leith Neighbourhood Partnership

Craigentinny and Meadowbank Community Council

- Craigentinny/Duddingston Neighbourhood Partnership

- All ward councillors

A single community consultation event was held on 13 April 2011. Full details can be found in the Pre-Application Consultation report, which sets out the findings from the community consultation. This report is available to view on the Planning and Building Standards Portal.

Description of the Proposal

The proposals are for an L-shaped 6 storey building, fronting onto the access road containing a total of 126 units. The units are intended to be delivered for affordable housing by the developer in partnership with the Council and the Scottish Government under the National Housing Trust, with completion due by 2013.

The number of residential units has been reduced by 23% from the previous minded to grant scheme and now include 30 single bed flats (24%), 672 bed flats (53%) and 29 3 bed flats (23%). The largest 3 bed apartments are approximately 81 square metres. All of the flats are dual aspect. A factor's office is proposed at ground floor level on the north east corner of the building extending to approximately 72 square metres.

The underground parking shown in the. previous application has been removed and a total of 106 surface parking spaces are now proposed. A parking court would contain 96 spaces with a further 10 spaces including 2 city car club spaces to be located parallel to the access road. The introduction of the parking court has necessitated the building footprint to be repositioned further from the boundary with the residential development to the north. A total of 175 cycle parking spaces are proposed within secure stores along with 13 external visitor cycle parking racks.

The ground floor units have main door access and would feature short gardens to the front and 3m depth private gardens to the rear. The living rooms for the upper floor properties would include large windows overlooking the park, with access onto private balconies. Access to the upper floor properties would be via a deck access system to the rear. The access decks have been designed to accommodate defensible private areas to be

3

delineated by changes in surface material, raised planters incorporating seating and short timber clad partitions. The majority of the units would be accessed from decks only serving 3 properties. A lesser number of properties would be accessed from decks serving 5 properties.

The proposed external materials include: dark blue reconstituted stone blockwork (ground floor only); smooth white render; zinc projections; dark grey fibre cement rainscreen cladding; standing seam metal roofing; double glazed UPVC windows (dark grey); timber or steel doors coloured dark grey and galvanised steel metal railings. The zinc projections would be used to define the larger balcony areas overlooking the park. The cladding panels would be used at 5th floor level below the standing seam metal roof.

A detailed landscaping scheme is proposed incorporating street trees, boundary tree planting, hard and soft paving, hedging, railings and shrub planting. The design is intended to soften the development in views from the access road and from adjacent sites and to define key areas of private and semi-private garden spaces. SUDS features proposed as part of the development include permeable paving to parking areas and a connection to an off- site reed bed system.

Two pedestrian connections proposed as part of the development would connect the development with Lochend Park. Refuse stores would be located at the entrance to the parking court and adjacent to an internal turning head and would be screened by planting and a 1.8m close boarded fence.

The following information has been submitted in support of the application:

Design Statement;

Noise Report;

Transport Statement Addendum Report; and

Daylight impact analysis.

These documents are available to view on the Planning and Building Standards Portal.

3. Officer's Assessment and Recommendation

Determining Issues

Do the proposals comply with the development plan?

If the proposals do comply with the development plan, are there any compelling reasons for not approving them?

4

If the proposals do not comply with the development plan, are there any compelling reasons for approving them?

ASSESSMENT

To address these determining issues, the Committee needs to consider whether:

(a) the proposals comply in principle with the Development Plan and with the site wide master plan approved for the Lochend Butterfly development;

(b) the traffic and air quality impacts of the development including parking, access and servicing requirements are acceptable;

(c) the proposals are of an appropriate scale and design would provide an acceptable level of amenity for the existing and future residents including in terms of landscape and SUDS provision;

(d) the proposals are acceptable in terms of noise and contamination issues and there is appropriate provision for waste collection;

(e) the proposals are acceptable in terms of education provision and affordable housing;

(f) the proposals comply with the Edinburgh Standards for Sustainable Building (ESSB).

(a) The differences between the new scheme and the previous minded to grant applications, such as the removal of basement parking and reduced building heights, are a direct consequence of site viability issues which the applicant has sought to resolve by delivering the site through the National Housing Trust (NHT). The developer had to state at an early stage in the NHT process the proposed number and mix of the housing units and the proposed building materials to be delivered as part of the development. Although this has been accepted for that submission, the changes from the previous scheme remain to be agreed from a planning perspective in line with up to date policy and guidance.

The principle of development at a significant scale on this site is established through the housing allocation in the Edinburgh City Local Plan and through previous detailed planning applications which were informed by an overall master plan. Whilst wider transport concerns regarding access remain a concern and are a source of objection by Transport, the scale of development in this application is less than previously agreed by Committee and remains acceptable in principle subject to the range of mitigation measures considered in section (b). The range of mitigation measures would also address any air quality concerns arising from the development.

5

The reduction in storey heights from the previous design would result in a marginal improvement to the setting of the adjacent park. The overall massing in context with adjacent blocks and with Easter Road Stadium and the relationship of the site with Lochend Park is acceptable. Due to the reduction in housing numbers and an accompanying reduction in parking numbers, it is possible to accommodate surface rather than underground parking on the site subject to the further consideration of the impact of the parking in section (b) and landscaping and open space matters in section (c). The design of the proposals in terms of the Edinburgh Standards for Housing and in terms of daylight and amenity issues is considered in section (c). The compatibility of the proposals with the Edinburgh Standards for Sustainability is considered in section (t).

Whilst the early delivery of the development for affordable units through NHT would bring clear economic and social benefits and may assist with the completion of the wider housing scheme, it must be ensured there would be no significant amenity impacts. The NHT model contains various safeguards which would ensure that the development can be acceptably managed over time. The units would be factored and would be rented at mid market rent for 5-10 years prior to future sale to either existing tenants, housing organisations or as private housing. In the short term, this would meet a wider housing need with the significant likelihood that some or all the units will eventually become private properties. This approach would address the concerns of the objector and is acceptable. The implications for affordable housing on the wider Lochend Butterfly site are considered in section ( e).

Overall subject to the further consideration of matters of detail under the headings below, the development complies in principle with the development plan and with the approved Lochend Butterfly master plan.

(b) Policies Des 3 and Des 4 in the ECLP require that safe and convenient access and servicing is achieved in a manner that encourages walking and cycling and minimises potential conflict between pedestrians, cyclists and motorised traffic. Policies Tra 4, Tra 5 and Tra 6 in the ECLP require that appropriate provision is made for car and cycle parking in accordance with the Council's approved Parking Standards. Policy Env 18 requires that air quality issues are assessed and any impacts appropriately mitigated.

A package of mitigation measures was previously agreed for the wider Lochend Butterfly housing site and forms part of a concluded legal agreement for that consent which has been agreed with the site wide developer. This includes a £227,000 contribution which may be used towards either bridge upgrading at Easter Road or a new pedestrian bridge linking the Lochend Butterfly site with Moray Park Terrace to the south. At the current time the use of the money towards a pedestrian bridge linking the wider site towards the existing shopping centre and London Road to the south is the preferred option. It is noted in the Transport response that should the money not be used for this purpose it could be used for wider transport improvements but it is not intended to revise the site wide legal agreement as part of this current application.

6

The financial contribution for the bridge works is likely to be triggered shortly by completions on the wider site but to ensure the contribution is triggered in context with development on this site, an appropriate legal agreement would be required linking the current application with the previous legal agreement. The payment of the contribution would remain as previously agreed with the site wide developer and is not a new contribution specified directly to the developer of this plot.

Previous applications for this site sought contributions of £45,000 towards public transport and pedestrian improvements, and £2500 for a Traffic Regulation Order. These contributions remain applicable and there is the potential for the £45,000 to be used towards securing the delivery of the footbridge on the south development site should this be required. A further contribution of £18,000 would ensure the provision of 2 city car club spaces on the site. A sustainable travel pack would also be provided.

The parking numbers have been assessed on the basis that the units may become private units over time and not solely as affordable units. In this instance the provision of the city car club spaces, the sustainable travel pack, and the provision of a total of 175 secure cycle spaces and 13 visitor racks justify the minor deviation from the Parking Standards for this development and parking numbers are acceptable. The design of the cycle store entrances has been revised to a single door and fixed panel in line with the comments from the Police Architectural Liaison Officer.

In terms of air quality matters, it is recognised in the response from Environmental Assessment that the reduction in unit numbers and car parking numbers from the previous minded to grant applications would be an improvement in terms of reducing the overall impact of the development. The range of proposed mitigation measures would also assist in ensuring that there would be no significant impacts.

Overall, the development is acceptable in terms of transport and air quality subject to the recommended conditions and an appropriate legal agreement.

(c) Policies Des 1 - Des 5 in the ECLP require a high quality of design to be achieved which is appropriate in terms of scale, layout, form and materials. It must also be ensured that there are no significant amenity impacts.

The design and layout of the building in terms of position and orientation is largely as shown in the previous minded to grant applications and is in line with the site wide master plan. The resulting separation distances from block 6 to the south and from the residential blocks to the north would be greater than 18 metres and there would be no privacy issues associated with the proposals. The submitted daylight calculations also demonstrate that relevant standards would be achieved in line with the Council's guidance and best practice. The position and orientation of the building within the development is acceptable.

7

Whilst not meeting the full scope of the Edinburgh Standards for Housing, for example in terms of the provision of larger sized family units above 91 square metres the overall housing mix is in line with the previous proposals and is acceptable. The access deck private amenity provision in particular is an innovative design approach that assists in reducing the perception of overlooking for individual properties from the access deck. The development also has a strong interaction at street level resulting from the main door access units and the upper floor balconies. The design of the units is acceptable subject to the provision of sample materials by condition and further consideration of the window materials from a sustainability perspective in section (t).

The proposed street trees and boundary planting would soften the development in terms of key views, effectively screening the proposed car parking and providing a sense of enclosure for the private and shared amenity areas which meet relevant space standards. In line with the comments from the police, the street trees would have a clear canopy. A condition would ensure satisfactory implementation of the landscaping on the site. Associated access improvements to Lochend Park, the balcony provision and the landscape design would ensure that appropriate levels of amenity for residents are achieved. Due to the access improvements proposed that are of wider public benefit, a public realm contribution would not be sought from the development.

In terms of SUDS, the proposed porous paving and the connection to an off -site reed bed serving the wider Lochend Butterfly development is acceptable subject to a condition requiring further details to be provided.

Overall the design and layout of the development and the proposed landscape design are acceptable subject to the recommended conditions.

(d) Best practice for noise is contained in Planning Advice Note 1/2011 Planning and Noise. Key concerns for noise are the proximity of the housing units to noise producing uses within the adjoining business centre and to a lesser extent the use of the office. The submitted noise report demonstrates that noise from the business centre can be suitably mitigated via the glazing specifications and construction details recommended in the report. This is acceptable from a planning perspective and would be a condition of consent. Similarly noise from the proposed offices including noise from plant, can be controlled via the use of an appropriate condition controlling noise and hours of operation. Subject to these conditions noise impacts are acceptable.

Waste Services has no objection to the refuse proposals which provide dedicated storage facilities in line with current requirements. The comments from the Police regarding the entrance details for the bin store closest to the development are noted and the full consultation response from the Police is highlighted in an applicant informative. This is acceptable.

8

There may be limited contamination issues associated with the previous use of the site as a railway corridor. A condition is added requiring a site investigation report to be prepared.

Noise, waste collection and site contamination issues are acceptable subject to the recommended conditions.

(e) Education contributions have previously been paid in relation to the north development site and Children and Families have confirmed that there is existing school capacity in the catchment area to serve this development. Overall the site is acceptable in terms of education requirements.

In terms of affordable housing and although agreements are now in place with the developer in terms of delivery through NHT, the type and location of affordable housing must still be formally agreed through the planning process in context with current policy. The proposals to incorporate 100% affordable housing on this site through NHT, rather than the 26% previously shown in the previous minded to grant applications has implications for affordable housing requirements on the wider Lochend Butterfly site.

The existing legal agreement for the Lochend Butterfly site requires a total of 100 affordable units to be provided on the south development site. This was deemed to be an acceptable level of provision in previous applications for the site. The agreed provision has yet to be triggered by development on the north site and this application provides an opportunity to relocate the provision to a more central position within the site and to bring it forward as part of earlier phases of development. The provision of 26 units above the 100 required for the Lochend Butterfly would also meet any associated requirements for the bowling club site as defined by the 25% affordable housing set by the ECLP.

In this context and subject to the conclusion of an appropriate legal agreement it seems reasonable to allow the previous requirement for provision on the south site to be deleted from the previous site wide permission. The deletion of the previous affordable housing requirements from the south site would require an amendment to the site wide legal agreement to be progressed as a separate process, but would not affect the ability of the current development to proceed following conclusion of an appropriate agreement covering the provision of affordable housing for that site.

Overall the proposals are acceptable in terms of education provision and affordable housing.

(f) The applicant has submitted a sustainability statement in support of the application. The proposal complies with the requirements of Part A of the Edinburgh Standards for Sustainable Buildings in that there is an existing building warrant approved for the development and submitted prior to the adoption of the new standards which exempts the development from meeting new requirements under section 6 of the 2010 Building Standards.

9

Essential Criteria Available Achieved

Section 1: Energy Needs 20 10 Section 2: Water conservation 10 10 Section 3: Surface water run off 10 10 Section 4: Recycling 10 10 Section 5: Materials 30 20

80 60 Total

In terms of section B of the Standards, the use of UPVC windows was previously accepted for the site and on adjacent housing blocks. The use of UPVC has also formed part of the developer's valuation submission for NHT and the developer has raised concerns that the imposition of non-UPVC for the development would add a further £190,000 to the cost of the development which would in terms affect site viability. In this instance it is accepted that the imposition of additional costs associated with the revised standards at this late stage in the design may affect viability and the prospects of delivery under NHT and an exemption from this requirement may be accepted on this basis.

Desirable Elements In addition the applicants have provided a commitment to further sustainability measures as set out in the desirable elements. Additional measures include:

- provision of city car club spaces; and

- timber from specified FSC scheme.

Overall sustainability matters are acceptable.

In conclusion, the development of the site for housing at this density and in terms of design and layout is acceptable in terms of the development plan and in terms of the previously agreed Lochend Butterfly Master Plan. Matters relating to affordable housing, transport, noise and site investigation matters have been appropriately considered in terms of non-statutory guidance and are acceptable subject to the various proposed conditions and to the conclusion of an appropriate legal agreement. A departure from certain aspects of the Edinburgh Standards for Sustainable Building is justified in this instance.

10

REASON FOR DECISION

The development of the site for housing at this density and in terms of design and layout is acceptable in terms of the development plan and in terms of the previously agreed Lochend Butterfly Master Plan. Matters relating to affordable housing, transport, noise and site investigation matters have been appropriately considered in terms of non-statutory guidance and are acceptable subject to the various proposed conditions and to the conclusion of an appropriate legal agreement. A departure from certain aspects of the Edinburgh Standards for Sustainable Building is justified in this instance.

John Bury Head of Planning

-------.----.- -::--:,---------r-----::----------- ---------------------

Contact/tel Hamish Bell on 0131 5293143 i

Ward affected A12 - Leith Walk --------- .. --------1 -------.-------.-----~

Local Plan I Edinburgh City Local Plan Statutory i Housing & Local Biodiversity Site Development Plan i

i Provision ! Date -regisi--e-re-d---I--2-7-M-a-y-2-0-1-1 ---

i···----:-----:----:-----t--,--:------::--cc--:---:---::--c:----:--::---c------------------------i ! Drawing numbersl : 01,02-03A, 04-13, 14A ! Scheme I Scheme 2

Advice to Committee Members and Ward Councillors

The full details of the application are available for viewing on the Planning and Building Control Portal: www.edinburgh.gov.uk/planning.

If you require further information about this application you should contact the following Principal Planner, Linda Hamilton on 0131 529 3594. Email: linda.h.hamilton@edinburgh.gov.uk.

If this application is not identified on the agenda for presentation, and you wish to request a presentation of this application at the Committee meeting, you must contact Committee Services by 9.00a.m. on the Tuesday preceding the meeting on extension 529 4229 or 529 4273. Alternatively, you may e-mail gillianJerrier@edinburgh.gov.uk or jack.dunn@edinburgh.gov.uk

11

I Appendix A

Application Type Application Address:

Proposal:

Reference No:

·EDINBVRGH· THE CITY Of EDINBURGH COUNCil

CITY DEVELOPMENT

Planning Permission 80 Albion Road Edinburgh EH75QZ

Residential development of 126 flats and ancillary office accommodation. 11/01708/FUL

Consultations, Representations and Planning Policy

Consultations

Affordable Housing comment 23/06/2011

Services for Communities has worked with Planning to develop a methodology for assessing housing requirements by tenure, which supports an Affordable Housing Policy (AHP) for the city.

• The AHP makes the provision of affordable housing a planning condition for sites over a certain size • The proportion of affordable housing required is set at a city-wide level of 25% for all proposals of 12 units or more. • This is consistent with Policy HOU 7 Affordable Housing in the Finalised Edinburgh City Local Plan.

DELIVERY DETAILS

• Services for Communities would anticipate that the location, the mix and the range of sizes of the affordable housing contribution (if onsite) would be reflective of the overall development as a whole. • Affordable units ought to be "tenure blind': impossible to tell apart externally from the market units. • This is all in the interests of achieving mixed sustainable communities. • The department would expect that the majority of the affordable housing contribution would be for social rented housing where possible, with the remainder being for Low Cost Home Ownership, and: • That the applicant can evidence that they have engaged in discussions concerning the delivery of affordable housing at the earliest possible stage with a Registered Social Landlord.

12

ATTRACTING PUBLIC SUBSIDY

• Affordable housing provision, where it attracts public subsidy in the form of Housing Association Grant, should be compliant with New-build Standards for Lifetime Homes, and : • 10% of the affordable housing contribution should be wheelchair-accessible. • The department also aims to see the affordable housing contribution delivered at the earliest possible opportunity within any given development.

This application is for 126 residential units, so the AHP wt1l apply, and 31 AHP units would be required.

Services for Communities is very supportive of this application. The application will provide 100% approved affordable housing tenures. It will be on-site within this financial year and must be delivered by 2013. This is because the applicant has been successful in applying for funding through the National Housing Trust.

City of Edinburgh Council agreed to participate in the National Housing Trust, the decision being agreed at Full Council Committee on 19 August 2010.

These 126 units wt1l help to meet an identified affordable housing need, with approved affordable housing tenures, and will also provide a number of Economic Resilience benefits to the city, in terms of retaining skills, preventing unemployment and helping the local construction sector to survive the current economic difficulties.

Given the restrictions and conditions of funding under the NHT Procurement Framework, this project will require to be on site this year and will need to complete in 2013. The Council will retain an interest in these units through membership of a Legal Limited Partnership involving CEC, Scottish Futures Trust and the developer. The homes will be let, managed and maintained by a Registered Social Landlord.

There were initially 12 Pre-Qualification Questionnaires submitted by developers expressing interest in developing under the NHT in Edinburgh. 3 failed to provide all of the information required, 3 others were failed on grounds of deliverability. Eventually, through the rigorous assessment process, 5 sites passed and were accepted onto the NHT Framework in Edinburgh. This site is one of the successful sites.

The Department is therefore very confident of the fact that this site will make a direct and immediate impact on the City's economic health, as well as helping to address an identified affordable housing need at the earliest opportunity. The Department is very supportive of this application.

Children + Families comment 09/06/2011

13

Our comments are based on a residential development of 126 flats. This site is located within the catchment areas of:

• Leith Walk Primary School; • St Ninian's RC Primary School; • Drummond High School; and • Holy Rood RC High School.

There is capacity at the existing catchment schools for the proposed development and we have no objections to the proposals.

Environmental Assessment comment 01/07/2011

Places for People propose to construct flats on the northern part of what is known as the Lochend Butterfly, off Albion Road. To the south of the proposed flats is the Albion Business Centre. Environmental Assessment had raised concerns that noise emanating from the businesses in the centre may disturb any future residents of this proposed development. The applicant instructed a noise consultant to assess any possible impact and suggest any mitigation measures if required. The noise assessment concluded that noise from the business centre will not likely disturb the new residents. Environmental Assessment can concur with the conclusion

Environmental Assessment does have concerns regarding local air quality in this area. However we understand that Planning has to take a practical approach for this application recognising that the site has a live consent for a similar type of development comprising a significantly larger number of units (163). This development could be implemented at any time.

Furthermore a range of mitigation measures including pedestrian linkages, enhanced cycle provision and a green travel pack for householders has already been agreed with the applicant and would form part of a legal agreement. A reduced level of parking provision compared to the standard level of one space per unit is also proposed. The main elements agreed are contained in the transport response and also relate to the wider development site.

Therefore on balance Environmental Assessment will offer no objections to this application with regards to air quality however would recommend the following conditions:

Residential

1) The residential development shall be completed in accordance with the requirements specified in the noise report 0668?23?R dated 9 June 2011. The requirements are detailed in sections 4 and 7.

Office

14

2) The sound insulation properties or sound transmission characteristics of the structures and finishes shall be such that no impact or airborne noise from the normal operations within the application premises is audible in any neighbouring living apartment.

3) All music and vocals, amplified or otherwise shall be so controlled as to be inaudible within any neighbouring premises.

4) The design and installation of any plant machinery or equipment shall be such that any associated noise complies with NR25 when measured within any nearby living apartment, and no structure borne vibration is perceptible within any nearby living apartment.

5) The hours of operation shall be restricted to 07.00 to 19.00, Monday to Sunday

General

6) Prior to the commencement of construction works on site:

(a) A site survey (including intrusive investigation where necessary) must be carried out to establish to the satisfaction of the Head of Planning, either that the level of risk posed to human health and the wider environment by contaminants in, on or under the land is acceptable, or that remedial and/or protective measures could be undertaken to bring the risks to an acceptable level in relation to the development; and

(b) Where necessary, a detailed schedule of any remedial and/or protective measures, including their programming, must be submitted to and approved in writing by the Head of Planning.

Any required remedial and/or protective measures shall be implemented in accordance with the approved schedule and documentary evidence to certify those works shall be provided to the satisfaction of the Head of Planning.

Lothian + Borders Police comment 24/06/2011

We would recommend that this property should consider Secured by Design standards for the development. If this is development is for social housing, no police consultation has been sought and the application would currently fail to get SBD status. Details of what this entails can be found at: -http://www.securedbydesign.com/pdfS/SBD_New_Homes_2010.pdf

The Cycle storage should be in small areas (possibly within or linked to each common stair - many insurance policies do not cover cycles in 'communal facilities), the current proposals has vast numbers of cycles stored, with double doors linked accessed from open areas. Double doors are often not well secured as bolts are often not used. doors, locks and cycle stands, experience has shown after the first few thefts of or from cycles, become

15

unused areas, people then park cycles in common stairs or elsewhere and other problems arise.

We would encourage smaller cycle storage areas, possibly accommodating fewer cycles but with a higher standard of security, it would reduce the number of residents with access to the facilities, but I doubt that these are ever fully used. Consideration should be given to individual cages and anchor points.

Bin stores are not integrated into the common stairs, but are simply walled gated areas, persons could climb into these areas and since recycling separates flammable materials there is the potential for fire raising. The gates may have to be of a more robust construction than close boarded brace and ledged timber gates for the one facility that is adjacent to the property line, other refuse points are located away from the fabric of the building.

The current proposed boundary lines for all adjacent properties would have to be assessed to ensure that it is suitable and meets the developments needs.

There is a proposal to have bin storage allied to seating and planters, the planters would create privacy screens but in doing so would limit natural surveillance. Plants located in planters should be below one metre so that there is always a 'window' of natural surveillance.

If the development only had one vehicle and pedestrian access point, this improves both vehicle and other security considerations for the development. Vehicle parking areas need to be well lit during the hours of darkness and with natural surveillance from the properties, those areas that do not have this will become unused or parking that is well lit and seen by residents is the area that they prefer to park and will park inappropriately in these areas as they are viewed as 'safer'.

Water storage areas are critical part of the developments 'critical infrastructure', these rooms should be windowless with doors to LPS1175 SR 3 or higher.

Other service 'hubs' may require additional security measures to prevent them being misused/damaged or stolen.

Mail should be delivered either via a mail box, accessed externally by postal worker and within the common lobby by resident, the style and design has to be carefully considered to limit theft from mail-boxes. If this cannot be facilitated, then an airlock has to be created, so that there is no requirement for a 'service button' on any intercom leading directly to the development.

Mail delivery should occur at the premises entrance, so that there is no requirement for a 'service button' and residents only permit entry to visitors to their address. The style and design has to be carefully considered to limit theft from mail-boxes.

16

The entrance to common stair should be inline with the building line, if a canopy is required this should be clear so that entrances to common stairs maximise natural surveillance.

Meters should be external/ read remotely, to prevent requirement for meter readers to enter common stairs.

Each common stair has a large number of properties, consideration should be given to having access control to each 'landing' area to limit free movement throughout the block.

Access balconies are open and could lead to access to individual premises by a determined climber, planters/seats may aid climbing to first floor areas and above. Due to the design a number of entrance doors to premises have no natural surveillance and can immediately be accessed from the balcony, either an access controlled has to be placed between those entry doors not immediately visible or entrance doors to these homes have to be upgraded to LPS SR3 from PAS24 with PAS 23 fittings.

All ground floor and accessible windows, along the access balconies or the properties that have private balconies will have to have PAS 24 doors with 23 fittings and windows to 8S7950 with laminate glass 6.8 mm.

Public spaces should be well maintained to ensure that any planting is kept below a metre and trees are crowned about 2.2 metres. Areas should be well lit. People using the area should have clear sightlines.

Transport comment 13/06/2011

We would recommend that this application is refused. This development is a full application in respect of the outline application number 06/00184/0UT approved by committee in October 2006. When consulted on this outline application Transport recommended refusal due to pressures on the local road network. It was advised that major improvements to the local road network should be undertaken, including the provision of additional access roads before further development is permitted.

Notwithstanding the above the principal of development on this site has been agreed and should this application be approved, I would ask that the following be included as conditions or informatives as appropriate:

1. Swept Path Analysis to be carried out for all movements and turning manoeuvres;

2. Stage 2 and Stage 3 Road Safety Audits will be required;

3. Details and maintenance schedule for SUDs;

17

4. The internal layout of the development to be designed in accordance with Designing Streets and Quality Audits will be required at appropriate stages;

5. All accesses must be open for use by the public in terms of the statutory definition of 'road' and will require to be the subject of separate applications for road construction consent (RCC). The Council would seek clarification of the extent of proposed adoptable roads at an early stage;

6. Discussions on suitable road materials will be required at an early stage;

7. The provision, layout, location and number of cycle parking should be to the Councils standards in accordance with Cycle Friendly Design Guide;

8. Undercover and secure cycle parking space must be provided for each dwelling;

9. The Disabled Persons Parking Places (Scotland) Act 2009 places a duty on the local authority to promote the proper use of parking places that are designated or provided for use only by disabled persons' vehicles. The applicant should therefore advise the Head of Transport if he/she wishes the disabled persons' parking places to be enforced under this legislation;

10. In order for the disabled persons parking places to be enforced, by the local authority, the signs and markings must comply with Traffic Signs Regulations and General Directions 2002 regulations. It will be the applicant's responsibility to provide ongoing maintenance of the signs and markings to ensure disabled persons parking places can be enforced by the local authority.

Prior to full planning consent being issued a suitable legal agreement is required to cover the following:

1. A financial contribution of £227,000 towards design and/or construction of new pedestrian/cycle bridge over the railway line connecting to Moray Park Terrace;

2. A financial contribution of £45,000 towards improvements to Public Transport and footways in the vicinity of the development;

3. A financial contribution of £18,000 towards provision of car club vehicles and spaces;

4. In addition, the developer is to provide a sum of £2,500 for the promotion of a Traffic Regulation Order to restrict waiting and loading on the streetls bounding the development and to progress a suitable traffic regulation order for the control of disabled persons parking places;

18

5. A draft travel plan prior to first occupation and a final travel plan within 12 months of that date to be submitted for approval of the Director of City Development. The travel plan should consider a) financial contribution to transport promotion measures, including contributions to, or provision of, public transport season tickets; and b) the provision of a public and sustainable transport information pack for each property in order to help embed public transport habits and encourage modal shift;

6. Provision of new pedestrian connections to Lochend Park prior to first occupation.

Notes:

A. The City of Edinburgh Council will assist if required in negotiation with the proprietors in relation to land acquisition for the link bridge, but the developer will be expected to take the lead role;

B. In the event that the railway line is not reinstated as far as Moray Park Terrace, the contribution may be used for alternative improvements to transport and footway infrastructure in the vicinity of the development;

C. Parking for the previous outline was assessed using the councils previous standards and the application does not meet the Council's current parking standards (minimum of 1 or 1.5 space per property depending on number of rooms) leaving a shortfall of approximately 26 spaces. For this reason the additional car club contribution (item 3 above) is requested. It is noted that the site is will placed for access to public transport.

D. It is noted that in respect of· the contributions above that item 1 is included in the existing agreement in respect of 061027611FUL and items 2 & 4 in the existing agreement in respect of 0610018410UT.

Waste Services comment 12/06/2011

No objections.

Representations

A single objection has been received from a local resident regarding the development. The material objection! concern are:

The proposals for 100% affordable housing on this site is unacceptable due to current crime and anti-social behaviour issues in the neighbourhood and in terms of creating a balanced community. Previous affordable housing responses indicated there was no requirement for affordable housing in this ward area. These issues are addressed in sections (a) and (e).

Full copies of the representations made in respect of this application are available in Group Rooms or can be requested for viewing at the Main Reception, City Chambers, High Street.

19

Planning Policy

Edinburgh City Local Plan, adopted in 2010

The site is identified as part of a wider housing allocation HSG4 known as the Lochend Butterfly.

Relevant Policies:

Relevant policies of the Edinburgh City Local Plan. Policy Des 1 (Design Quality and Context) sets general criteria for assessing design quality and requires an overall design concept to be demonstrated. Policy Des 2 (Co-ordinated Development) establishes a presumption against proposals which might compromise the effective development of adjacent land or the wider area. Policy Des 3 (Development Design) sets criteria for assessing development design. Policy Des 4 (Layout Design) sets criteria for assessing layout design. Policy Des 5 (External Spaces) sets criteria for assessing landscape design and external space elements of development. Policy Des 6 (Sustainable Design & Construction) sets criteria for assessing the sustainable design and construction elements of development. Policy Env 15 (Sites of Local Importance) identifies the circumstances in which development likely to affect Sites of Local Importance will be permitted. Policy Env 18 (Air, Water and Soil Quality) sets criteria for assessing the impact of development on air, water and soil quality. Policy Os 3 (Open Space in New Development) sets out requirements for the provision of open space in new development. Policy Hou 1 (Housing Development) supports housing on appropriate sites in the urban area, and on specific sites identified in the Plan. Policy Hou 2 (Housing Mix) requires the provision of a mix of house types and sizes in new housing developments. Policy Hou 3 (Private Open Space) sets out the requirements for the provision of private open space in housing development. Policy Hou 4 (Density) sets out the factors to be taken into account in assessing density levels in new development. Policy Hou 7 (Affordable Housing) requires 25% affordable housing provision in residential development of twelve or more units. Policy Tra 1 (Major Travel Generating Development) supports major travel generating development in the Central Area, and sets criteria for assessing major travel generating development elsewhere. Policy Tra 2 (Planning Conditions and Agreements) requires, where appropriate, transport related conditions and/or planning agreements for major development likely to give rise to additional journeys. Policy Tra 4 (Private Car Parking) requires private car parking provision to comply with the parking levels set out in supplementary planning guidance, and sets criteria for assessing lower provision.

20

Policy Tra 5 (Private Cycle Parking) requires cycle parking provision in accordance with levels set out in supplementary guidance. Policy Tra 6 (Design of Off-Street Car and Cycle Parking) sets criteria for assessing design of off-street car and cycle parking. Relevant Non-Statutory Guidelines Non-statutory guidelines 'The Edinburgh Standards for Sustainable Building' sets principles to assess the sustainability of major planning applications in Edinburgh. Non-statutory guidelines on 'AFFORDABLE HOUSING' sets out the requirements for the provision of affordable housing within housing developments. Non-statutory guidelines on 'MOVEMENT AND DEVELOPMENT' establish design criteria for road and parking layouts. Non-statutory guidelines on 'PARKING STANDARDS' set the requirements for parking provision in developments. Non-statutory guidelines 'The Edinburgh Standards for Housing' sets out principles and guidance whose aim is to achieve high quality, successful and sustainable residential developments.

21

Appendix B

Application Type Application Address:

Proposal:

Reference No:

·EDINBVRGH· THE CITY OF EDINBURGH COUNCIL

CITY DEVELOPMENT

Planning Permission 80 Albion Road Edinburgh EH75QZ

Residential development of 126 flats and ancillary office accommodation. 11/01708/FUL

Conditions/Reasons associated with the Recommendation

Recommendation

It is recommended that this application be GRANTED

Conditions

1. Prior to occupation the residential development shall be completed in line with requirements specified in sections 4 and 7 of the noise report prepared by Charlie Fleming Associates dated 9 June 2011.

2. The following matters require to be addressed as part of the detailed construction and the subsequent use of the office part of the development as shown on the approved drawings:

a) The sound insulation properties or sound transmission characteristics of the structures and finishes shall be such that no impact or airborne noise from the normal operations is audible in any neighbouring living apartment;

b) All music and vocals, amplified or otherwise shall be so controlled as to be inaudible within any neighbouring premises;

c) The design and installation of any plant machinery or equipment shall be such that any associated noise complies with NR25 when measured within any nearby living apartment, and no structure borne vibration is perceptible within any nearby living apartment;

d) The hours of operation shall be restricted to 07.00 to 19.00, Monday to Sunday.

3. i) Prior to the commencement of construction works on site: a) A site survey (including intrusive investigation where necessary) must be carried out to establish to the satisfaction of the Head of Planning and

22

Strategy, either that the level of risk posed to human health and the wider environment by contaminants in, on or under the land is acceptable, or that remedial and/or protective measures could be undertaken to bring the risks to an acceptable level in relation to the development; and b) Where necessary, a detailed schedule of any required remedial and for protective measures, including their programming, must be submitted to and approved in writing by the Head of Planning and Strategy. ii) Any required remedial and/or protective measures shall be implemented in accordance with the approved schedule and documentary evidence to certify those works shall be provided to the satisfaction of the Head of Planning and Strategy.

4. Notwithstanding the details shown on the approved landscape drawing reference 7686 100e which is otherwise approved, exact details of the porous paving including product and manufacturer's details, and details of the connection to the reed bed system, shall be submitted for the prior approval of the Head of Planning.

5. The approved landscaping scheme shall be fully implemented within six months of the completion of the development, and thereafter shall be maintained by the applicants and/or their successors to the entire satisfaction of the planning authority; maintenance shall include the replacement of plant stock which fails to survive, for whatever reason, as often as is required to ensure the establishment of the approved landscaping scheme.

6. A detailed specification, including trade names where appropriate, of all the proposed external materials shall be submitted to and approved in writing by the Head of Planning before work is commenced on site; Note: samples of the materials may be required.

7. The detail of visitor cycle parking shall be provided prior to the commencement of the development. Thereafter the cycle stores and cycle spaces shown on the approved drawing 07029 (2011) PL002D shall be completed in line with the numbers and specifications shown on that drawing along with the approved visitor parking details.

8. Details of the pedestrian connections to be formed to the north and south of the development from the existing access road into Lochend Park including alterations to the existing boundary wall shall be submitted to and approved by the Head of Planning and Strategy before work is commenced on site. Thereafter the works shall be completed prior to the occupation of the development.

23

Reasons

1. In order to protect the amenity of the occupiers of the development.

2. In order to protect the amenity of the occupiers of the development.

3. In order to ensure that the site is suitable for redevelopment, given the nature of previous uses/processes on the site.

4. In order to ensure that a high standard of landscaping is achieved, appropriate to the location of the site.

5. In order to ensure that the approved landscaping works are properly established on site.

6. In order to enable the Head of Planning & Strategy to consider this/these matter/s in detail.

7. In order to ensure that the level of off-street parking is adequate.

8. In order to enable the Head of Planning & Strategy to consider this/these matter/s in detail.

24

INFORMATIVES

It should be noted that:

1. The development hereby permitted shall be commenced no later than the expiration of three years from the date of this consent.

2. The development shall be carried out in accordance with the measures identified in the approved Sustainability Statement Form. The applicant should submit a Self Declaration Form to the Head of Planning and Strategy on completion and prior to occupation unless otherwise agreed.

3. No development shall take place on the site until a 'Notice of Initiation of Development' has been submitted to the Council stating the intended date on which the development is to commence. Failure to do so constitutes a breach of planning control, under Section 123(1) of the Town and Country Planning (Scotland) Act 1997.

4. As soon as practicable upon the completion of the development of the site, as authorised in the associated grant of permission, a 'Notice of Completion of Development' must be given, in writing to the Council.

5. In terms of the detailed design of the development and any associated application for Secure by Design status, the applicant should note the comments from the Police Architectural Liaison Officer dated 15 June 2011.

6. A suitable legal agreement is required in terms of transport and affordable housing. The basis for the transport contributions is the response from Transport dated 13 June.

End

25

Appendix C

Application Type Proposal:

Reference No:

Location Plan

·EDINBVRGH· THE CITY OF E01NBURGH COUNCIL

CITY DEVELOPMENT

Planning Permission Residential development of 126 flats and ancillary office accommodation. 11/01708/FUL

Reproduction from the Ordnance Survey mapping with permission of the Controller of Her Majesty's Stationery Office © Crown Copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Licence Number 100023420 The City of Edinburgh Council 2005.

26