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Contents Page - Issue 58 - New Sites - Burnside, Clackmannan

1. Schedule 4

2. Representations

Scott Hobbs Planning Limited for Ambassador Homes & Carronvale
Homes (in receivership) (CLDP155, CLDP167)

3. Supporting Documents

CD031 Clackmannanshire Local Plan 1st Alteration - Housing Land
(October 2011)
CD069 Decision Notice 06/00313/FULL [attached]
CD072 Decision Notice 07/00307/FULL [attached]
CD077 SEPA Letter (4th July 2013) [attached]
CD078 SEPA Flood Map Extract - New Sites - Burnside,
Clackmannan [attached]
SD41 Scott Hobbs Planning Limited for Ambassador Homes &
Carronvale Homes (in receivership) (CLDP155, CLDP167) -
Report to Regulatory Committee (1st March 2007) [attached]
SD46 Scott Hobbs Planning Limited for Ambassador Homes &
Carronvale Homes (in receivership) (CLDP155, CLDP167) -
Supporting Information [attached]
SD47 Scott Hobbs Planning Limited for Ambassador Homes &
Carronvale Homes (in receivership) (CLDP155, CLDP167) -
report to Head of Administration and Legal Services,
Clackmannanshire Council (16th February 2007) [attached]
SD48 Scott Hobbs Planning Limited for Ambassador Homes &
Carronvale Homes (in receivership) (CLDP155, CLDP167) -
Timeline of Flood Risk Assessment [attached]
SD49 Scott Hobbs Planning Limited for Ambassador Homes &
Carronvale Homes (in receivership) (CLDP155, CLDP167) -
SEPA response to draft Proposed Plan (4th July 2013)
[attached]
SD50 Scott Hobbs Planning Limited for Ambassador Homes &
Carronvale Homes (in receivership) (CLDP155, CLDP167) -
CAR Authorisation (17th December 2007) [attached]
SD51 Scott Hobbs Planning Limited for Ambassador Homes &
Carronvale Homes (in receivership) (CLDP155, CLDP167) -
CAR Authorisation (5th January 2009) [attached]
SD52 Scott Hobbs Planning Limited for Ambassador Homes &
Carronvale Homes (in receivership) (CLDP155, CLDP167) -
CAR Authorisation (13th January 2009) [attached]






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Issue 58 New Sites - Burnside, Clackmannan
Development Plan
reference:
Section 2 - Vision & Objectives
Proposed new housing site
Reporter:
Body or person(s) submitting a representation raising the issue
(including reference number):

Scott Hobbs Planning Limited for Ambassador Homes & Carronvale Homes
(in receivership) (CLDP155, CLDP167)

Provision of the development
plan to which the issue relates:
Clackmannan Housing Proposals
Planning Authoritys summary of the representation(s):

SECTION 2 - VISION & OBJECTIVES

(CLDP155) The Vision Statement for the Proposed LDP is set out at
paragraph 2.6. The Vision refers to a community that has experienced a
successful transition to a vibrant low-carbon economy. Deleting the Burnside
site from an allocated housing site within the LDP is clearly in conflict with this
first sentence of the Vision Statement. The Burnside site is the closest
allocation in Clackmannan to the town centre and to the area where the
majority of services and facilities are concentrated. The allocation of the site in
the adopted Local Plan seeks to encourage short trips to these services and
facilities, minimising the need for car journeys and representing an efficient
reuse of land. Deleting the allocation introduces uncertainty for the future of
the site and encourages housing development at more peripheral locations,
such as the proposed allocation H28 at Helensfield, to the north of the town.
Development of this site for 55 houses would result in the majority of trips to
the town centre being made by a private car and essentially replacing the
current Burnside allocation with the Helensfield allocation is entirely in conflict
with the low-carbon objectives of the LDP Vision Statement.

The objective of encouraging people to live close to services and facilities is
clearly set out at paragraph 2.12 of the Proposed LDP, which states new
developments will foster pride and provide a strong sense of place, reducing
the dominance of motor vehicles and encouraging people to walk and cycle,
not just for recreation, but as part of their everyday journeys to school, work or
to reach shops and services. The established Burnside allocation is entirely
consistent with this objective and deleting it from the LDP is an entirely
regressive step.

The Burnside site is the subject of two previous planning permissions
(06/00313/FULL and 07/00307/FULL) (CD069 & CD072), granted in March
2007 and September 2007 respectively. The principal application was for the
erection of 81 houses with associated roads, footpaths and landscaping at the
Burnside site, granted on 1 March 2007. This planning permission has
expired, principally as a result of the applicants (Carronvale Homes) inability
to progress the development due to lack of finance prior to entering insolvency
and then not providing the Insolvency Practitioner with the requisite
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information to allow an application for an extension or renewal to be made
before the expiry. The report on the planning application by the Head of
Planning, dated 16 February 2007 states (SD47), in relation to the existing
use of the site, part of the site is in agricultural use, part is derelict land, while
the southern-most part of the site is used as a haulage depot served off Park
Place (paragraph 3.1). A copy of the Head of Plannings report is at
Document 1 (SD47).

Modifications sought by those submitting representations:

(CLDP167) Reinstate Burnside site in Section 8 - Schedule of Sites in the
LDP.

Summary of responses (including reasons) by Planning Authority:

The Burnside site was included as an allocated site in the Clackmannanshire
Local Plan First Alteration (Housing Land) October 2011 (CD031).

Planning permission was granted in March 2007 for the erection of 81 houses
with associated roads, footpaths and landscaping on the site (06/00313/FULL)
(CD069). Condition 3 attached to that permission stated:
"No development shall start on site until the Council, in consultation with
SEPA, has confirmed in writing that it is satisfied of the following:
a) The proposed development will be adequately protected from flood threat
based on a 1 in 200 year storm event plus allowance for climate change and
freeboard, both during and after construction.
b) That any flood storage lost as a result of the proposed development is
adequately compensated for.
c) That the proposed development does not result in, nor exacerbate a
flooding problem elsewhere.
d) An assessment of overland flow of surface water on the site, associated
with the 1 in 200 year flooding event, demonstrating that the proposed and
existing adjacent houses would be safeguarded from flooding.
Thereafter, the proposed development shall proceed in accordance with such
approved details."

A further application was approved in September 2007 for a change of house
types on some plots (07/00307/FULL) (CD072).

Both of these applications have now expired, however a Proposal of
Application Notice for residential development and associated work on the site
was submitted in February 2014 (14/00024/PAN).

In their response to the Draft Proposed LDP in July 2013 (CD077), SEPA
advised of five sites which they recommended were removed from the Plan
due to the significant level of flood risk. They further advised that they would
object to these allocations if they remained in the Proposed Plan. They
considered that developing these sites would be contrary to:
Your authoritys duties under the Flood Risk Management (Scotland) Act
2009 to work towards reducing overall flood risk and promote sustainable
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flood risk management a cornerstone of which is avoidance of flood risk.
The guidance set out in SPP which states in paragraph 197 that
Development which would have a significant probability of being affected
by flooding or would increase the probability of flooding elsewhere should
not be permitted. And paragraph 205 which states that LDPs should
safeguard the flood storage and conveyance capacity of functional flood
plains.
The statutory guidance produced by Scottish Government entitled
Delivering Sustainable Flood Management which establishes the
overarching outcomes for Scotland including Flood management actions
being undertaken that will stand the test of time and be adaptable to future
changes in the climate Development on the functional flood plain or in
areas of known flood risk would be contrary to climate change mitigation
as it will increase the numbers of people, properties and businesses in an
area at risk of flooding that would be effected by increased flooding due to
sea level rise or increased precipitation.

Specific comments on the Burnside site were:
"We understand that the previous planning permission at the site has lapsed
since we made our response to the MIR in 2011. Based on the information
currently available we recommend that this allocation is removed from the
LDP. Please note if the site is retained in the proposed plan we will object to
this allocation. The majority of the site is at risk of flooding shown on the
Indicative 1 in 200 flood outline on Indicative River and Coastal Flood Map
(Scotland).
Previous flood risk assessments (dated 1998 and 2002) were submitted and
mitigation proposed for development at this site in 2003, under previous
legislative and national policy requirements. Finished floor levels were agreed
but were dependent on a number of engineering solutions and permissions
being granted. The engineering solutions included widening of river reach,
construction of two-stage channel, lowering of bed level and landraising and
permission was required for altering the sewer pipe crossing. If a new
application was submitted it should be noted that the previously proposed
mitigation of widening and lowering of the watercourse and land raising in an
undeveloped location would not be 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. Furthermore
the previous proposals contained multiple water crossings and river
engineering which would now have to be licensed through The Water
Environment (Controlled Activities) (Scotland) Regulations 2011. The
licensing process would include an assessment of the impact of the
development on the river morphology and due to the nature of the proposed
river engineering it is unlikely it would be licensed under The Water
Environment (Controlled Activities) (Scotland) Regulations 2011.
It may be difficult to develop this site by applying the current policy of
avoidance of flood risk supported by the Flood Risk Management (Scotland)
Act 2009. There may be small pockets of high ground available for housing
but it would be difficult to link them together without significant encroachment
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into the floodplain, increasing the risk elsewhere and achieve safe access and
egress at times of flood."

SEPA's concerns were reported to the elected Members who asked officers to
remove all of the sites from the Proposed LDP which SEPA had requested be
removed and which they would object to if they were not removed. This was to
ensure that the Plan was sustainable and in accord with national guidance
and advice. No changes are therefore sought to the LDP.

Reporters conclusions:

Reporters recommendations: