Contact Finance and Corporate Services, Clackmannanshire Council, Kilncraigs, Alloa, FK10 1EB Phone: 01259 452106/452004/2008 E-mail: customerservice@clacks.gov.uk Web: www.clacksweb.org.uk

Date

Time

Kilncraigs, Greenside Street, Alloa, FK10 1EB (Tel.01259-450000)

Planning Committee

Thursday 28 May 2015

Start 9.30 am

Venue: Council Chamber, Patons Building, Kilncraigs,

Alloa, FK10 1EB

1

Scheme of Delegation: Duties and Responsibilities Delegated to Committees

Planning Committee Subject to paragraphs 3.28 and 11.4 of the Scheme of Delegation, the Planning Committee

has responsibility for taking decisions on planning applications and enforcing planning laws,

and;

Carrying out the local authority's function in relation to street naming under section 97 of the

Civic Government (Scotland) Act 1982; and

Dealing with regulatory and enforcement issues arising from matters delegated to or

delivered by Community and Regulatory Services related to Building Standards.

2

Contact Strategy and Customer Services, Clackmannanshire Council, Kilncraigs, Greenside Street, Alloa FK10 1EB Tel 01259 452106/452004 Email customerservice@clacks.gov.uk www.clacksweb.org.uk

20 May 2015 A MEETING of the PLANNING COMMITTEE will be held within the Council Chamber, Patons Building, Kilncraigs, Alloa, FK10 1EB, on THURSDAY 28 MAY 2015 at 9.30 am.

GARRY DALLAS

Executive Director

B U S I N E S S

Page No.

1. Apologies - - 2. Declaration of Interests - - Members should declare any financial or non-financial interests they have in any item on this agenda, identifying the relevant agenda item and the nature of their interest in accordance with the Councillors’ Code of Conduct. A Declaration of Interest form should be completed and passed to the Committee Officer. 3. Confirm Minutes of Meetings (copies herewith):

a. Minutes of Local Review Body meeting held on 05 21 April 2015

b. Minutes of Planning Committee Meeting held on 07 21 April 2015

4. Planning Application - Demolition of School and Erection of 11 29 No. Houses with Associated Roads, Paths, Open Space and Landscaping at Former Claremont Primary School, Carse Terrace, Alloa, Clackmannanshire FK10 2ED (Ref. 15/00062/FULL) - report by Principal Planner (Copy herewith) 5. Review of Planning Committee Decisions, Major Developments 23 and Other Areas of Service Delivery - report by the Development Quality Team Leader (Copy herewith)

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Updated 23-10-14

PLANNING COMMITTEE – MEMBERS

Councillors Wards

Councillor Alastair Campbell (Convenor) 5 Clackmannanshire East CONS

Councillor George Matchett, QPM (Vice Convenor) 1 Clackmannanshire West LAB

Councillor Tina Murphy 1 Clackmannanshire West SNP

Councillor Les Sharp 1 Clackmannanshire West SNP

Councillor Walter McAdam, MBE 2 Clackmannanshire North SNP

Councillor Bobby McGill 2 Clackmannanshire North LAB

Councillor Gary Womersley 3 Clackmannanshire Central SNP

Councillor Kenneth Earle 4 Clackmannanshire South LAB

Councillor Ellen Forson 4 Clackmannanshire South SNP

Councillor Kathleen Martin 5 Clackmannanshire East LAB

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THIS PAPER RELATES TO ITEM 03 (a)

ON THE AGENDA

MINUTES OF MEETING of the LOCAL REVIEW BODY held within the Council Chamber, Patons Building, Kilncraigs, Alloa, FK10 1EB on TUESDAY 21 APRIL 2015 at 2.30 PM. PRESENT Councillor Alastair Campbell, Convenor (In the Chair) Councillor George Matchett, QPM Councillor Les Sharp IN ATTENDANCE Stuart McQueen, Solicitor, Legal Services (Clerk to the Local Review Body) Andrew Wyse, Planning Adviser to the Local Review Body Ian Duguid, Development Quality Team Leader Gillian White, Business Support to the Local Review Body William Holley, Applicant Alun Ferguson, Interested Party Alexander Stewart, Interested Party LRB(15)01 APOLOGIES None LRB(15)02 DECLARATIONS OF INTERESTS None LRB(15)03 ORDER OF PROCEEDINGS A proposed Order of Proceedings was put before the Local Review Body (LRB) for determination. The LRB agreed the specified matters for consideration were: 1. The full basis of the applicant's Notice of Review, together with any comments on the

Report of Handing of the planning authority, the representations received from Interested Parties, the applicant's comments in response and the contents of all reports lodged with the LRB;

2. For the above, the LRB may allow the applicant and interested parties to speak to their

hearing statement in the following order: Applicant (Mr Holley), Interested Party 1 (Mr Stewart), Interested Party 2 (Mr Ferguson); and

3. Closing submissions where appropriate.

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LRB(15)04 APPLICATION FOR REVIEW - 24 BLAIRDENON DRIVE, SAUCHIE, FK10 3JL Name of Applicant Mr William Holley Site Address: 24 Blairdenon Drive, Sauchie, FK10 3JL Description of the Proposed erection of first floor balcony Planning Application Reference Number: 14/00260/FULL Following an accompanied site visit at 1.30 pm on Tuesday 21 April 2015, the LRB considered a Notice of Review submitted by the Applicant's agent seeking a review of the decision by the Appointed Officer of the Council to refuse planning permission for the erection of a first floor balcony at 24 Blairdenon Drive, Sauchie. The LRB heard representations from the undernoted parties and had the opportunity to put questions to them. Ian Duguid, Development Quality Team Leader William Holley, Applicant Alun Ferguson, Interested Party Alexander Stewart, Interested Party The parties confirmed that they had had the opportunity to put forward their representations in full. At the request of Councillor Sharp, the meeting adjourned at 2.50 pm. The meeting resumed at 3.00 pm with all present. Decision Having determined that the Local Review Body had sufficient information before it to proceed to decide the matter and having considered the notice of review; the information before it; and the representations made, in terms of section 43A(15) of the Town and Country Planning (Scotland) Act 1997, the Local Review Body unanimously agreed to uphold the decision of the appointed officer and to refuse planning permission to erect a first floor balcony at 24 Blairdenon Drive, Sauchie, for the following reasons: 1. The proposed development does not accord with Policy RES 12 of the

Clackmannanshire Local Plan, in that the height of the balcony above ground level, combined with the difference in ground levels between the applicant's property and those at Swinburne Drive to the rear, and the proximity of the balcony to the rear boundary of the property, will result in an unacceptable adverse impact on the privacy of neighbouring households to the rear.

2. The proposal, by virtue of its siting and scale, fails to comply with the criteria of Policy

SC 8 of the Proposed Clackmannanshire Local Development Plan in that the combined height of the balcony above ground level, the differences in ground levels between properties and the proximity of the balcony to the rear of the property, will significantly and adversely affect the privacy and residential amenity of the adjoining properties to the rear.

The Clerk to the LRB will issue a formal decision notice to the Applicant's agent. Action Clerk to the Local Review Body. ENDS 3.10 pm

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THIS PAPER RELATES TO ITEM 03 (b)

ON THE AGENDA

MINUTES OF MEETING of the PLANNING COMMITTEE held within the Council Chamber, Patons Building, Kilncraigs, Alloa, FK10 1EB, on TUESDAY 21 APRIL 2015 at 9.30 am PRESENT Councillor Alastair Campbell, Convenor (In the Chair) Councillor Kenneth Earle Councillor Ellen Forson Councillor Walter McAdam Councillor Kathleen Martin Councillor Tina Murphy Councillor Derek Stewart (S) Councillor Graham Watt (S) IN ATTENDANCE Julie Hamilton, Development Services Manager Ian Duguid, Development Quality Team Leader Alastair MacKenzie, Team Leader, Building Standards and Licensing Andrew Wyse, Legal Services Team Leader (Clerk to the Committee) Gillian White, Business Support to the Committee PLA093 APOLOGIES Apologies for absence were received from Councillor George Matchett, Councillor Les Sharp and Councillor Bobby McGill. Councillor Derek Stewart attended as substitute for Councillor Matchett and Councillor Graham Watt attended as substitute for Councillor Bobby McGill. PLA094 DECLARATIONS OF INTERESTS None PLA095 MINUTES OF MEETING: LOCAL REVIEW BODY 20 OCTOBER 2014 The minutes of the meeting of the Local Review Body held on 20 October 2014 were submitted for approval. Decision The minutes of the meeting of the Local Review Body held on 20 October 2014 were agreed as a correct record of the proceedings and signed by Councillor Earle as a Member of that Local Review Body.

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PLA096 MINUTES OF MEETING: PLANNING COMMITTEE 12 MARCH 2015 The minutes of the meeting of the Planning Committee held on 12 March 2015 were submitted for approval. Decision The minutes of the meeting of the Planning Committee held on 12 March 2015 were agreed as a correct record and signed by the Convenor. PLA097 PLANNING APPLICATION Planning Application - Erection of Single Wind Turbine, Siting of Two Substation Containers and Associated Works, Land at Meadowhill, Forestmill (Reference Number 14/00267/FULL) A report which comprised the Report of Handling on the above planning application and made recommendation to the Committee was submitted by the Principal Planner. The application was reported for determination following a request by a Local Member to refer the application to the Planning Committee for decision. The Development Quality Team Leader circulated four photographs, which had been submitted by the Applicant, showing different viewpoints in relation to the wind turbine. The Committee heard representation from : (1) Mr George Russell (Applicant) Motion That the Committee refuses the application for the reasons set out in the report. Moved by Councillor Alastair Campbell. Seconded by Councillor Kenneth Earle. Voting For the motion 6 votes Against the motion 2 votes Decision On a division of 6 votes to 2, the Committee agreed to refuse the application for the following reason: 1. The proposed turbine, by virtue of;

a) Its vertical scale and appearance in relation to the surrounding landscape;

b) Its location, close proximity and degree of visibility from the A977, and to a lesser extent from the B913, Fearns Road, Forestmill, parts of the Forestmill Village Expansion Area and from nearby residences at Allaleckie Farm, Knowehead and Woodside Cottage; and

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c) The absence of any measures which could adequately mitigate the impact on visual amenity from these viewpoints, would have an unacceptable impact on the visual amenity and local character of the area. The development is therefore contrary to Policies SD1, ENV3 and ENV14 of the approved Clackmannanshire and Stirling Structure Plan and Policies EN11 and EN18 of the adopted Clackmannanshire Local Plan. Furthermore, the development is considered to be contrary to Policies EA4, SC14 and SC15 of the Proposed Clackmannanshire Local Development Plan which, given the advanced stage of the Plan towards adoption, is a significant material consideration.

Action Principal Planner PLA098 PLANNING APPLICATION Planning Application - Change of Use of Planted Open Space Adjacent to Car Park to Garden Ground, Penny Cottage, 33 High Street, Dollar, FK14 7AZ (Reference Number 15/00047/FULL) A report which comprised the Report of Handling on the above planning application and made recommendation to the Committee was submitted by the Principal Planner. The proposal is a local development, which would normally be determined by Appointed Officers. However, in accordance with the Council's approved Scheme of Delegation for such applications, this application required to be determined by the Planning Committee, as the land is owned by the Council and there were representations against the proposal. Motion That the Committee approves the application for the reasons set out in the report. Moved by Councillor Ellen Forson. Seconded by Councillor Tina Murphy. Voting For the motion 4 votes Against the motion 4 votes The Convenor used his casting vote to vote against the motion, therefore the motion was defeated and the planning application refused. Decision On the casting vote of the Convenor, the Committee agreed to refuse the application for the following reason: Public and visitor parking in Dollar and in particular in the vicinity of the application site is underprovided and the loss of the car park land, albeit not currently devoted to actual car park space could unreasonably limit the future opportunity to formalise the design and spacing of the car park to increase and maximise the number of available car spaces within the car park. Action Development Quality Team Leader

9

PLA099 STRET NAMING REPORT FOR DEVELOPMENT AT SITE OF FORMER TULLIS FACTORY TULLIBODY The purpose of the report was to decide on the name of a new street. The development consists of the erection of 13 houses and 14 flats. Ten of these dwellings are accessed from Delph Road and can be accommodated within its numbering sequence. The remaining 17 dwellings require a new single street name. In order to assist the decision process, the report set out the results of a consultation exercise seeking a suggested name for the street in Tullibody. Motion That the Committee approve "The Tannery" as the new street name in Tullibody. Moved by Councillor Alastair Campbell. Seconded by Councillor Tina Murphy. Decision The Committee agreed unanimously to approve "The Tannery" as the new street name in Tullibody. Action Head of Development and Environment Ends 1025 hrs

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CLACKMANNANSHIRE COUNCIL

Report to: Planning Committee

Date of Meeting: 28 May 2015

Subject: Planning Application ref: 15/00062/FULL - Demolition of School and Erection of 29 No. Houses with Associated Roads, Paths, Open Space and Landscaping at Former Claremont Primary School , Carse Terrace, Alloa, Clackmannanshire FK10 2ED

Report by: Grant Baxter, Principal Planner

1.0 Purpose

1.1. This is a report of handling on the above planning application. The application is being reported to the Committee for determination as it includes land owned by the Council and objections have been received to the application.

2.0 Recommendations

2.1. It is recommended that the planning application is APPROVED, subject to

2.2. Conditions and Reasons 1. Before any works commence on site, a detailed phasing plan, shall have been submitted to and approved in writing by the Council. The phasing plan shall set out, in written and plan form, the sequence of delivery of the following elements of the proposed development:

a) Demolition of the former Claremont Primary School. b) Completion of all open space and remote footpaths as shown on

the stamped approved plans. c) Completion of road/footway connections to existing/proposed

roads to the west (Scholars Road) and north, as shown on the stamped approved plans.

d) Provision of all SUDs infrastructure, including connection to the detention basin adjoining the site's northern boundary.

Thereafter, the development shall be carried out and completed in accordance with the approved Phasing Plan, unless otherwise approved in writing by the Council.

THIS PAPER RELATES TO ITEM 4

ON THE AGENDA

11

2. Before any works commence on site, a demolition and construction management plan shall have been submitted to and approved in writing by the

Council, and shall include the following information:

a) Arrangements for the routing and parking of all demolition and construction traffic. For the avoidance of doubt, no such vehicles shall take access/egress via Carse Terrace.

b) Details of proposed hours of construction.

c) Details of measures to control the impact of noise, vibration and dust on nearby sensitive residential receptors during construction.

Thereafter, the development shall be carried out and completed in accordance with the approved Demolition and Construction Management Plan, unless otherwise approved in writing by the Council. 3. Before any works commence to construct houses on the site, an Environmental and Human Health Risk Assessment shall have been submitted to and approved in writing by the Council. The Assessment shall include details of any remediation measures proposed and the arrangements for implementation and validation. Thereafter, the development must be carried out in accordance with the approved details. 4. Before any works commence on site, finalised details of the proposed SUDs scheme shall have been submitted to and approved in writing by the Council. The scheme shall be in accordance with SUDs (Sustainable Urban Drainage Systems) Manual (C697) published by CIRIA, and Sewers for Scotland 2. Details of the SUDs scheme shall include arrangements for adoption and future maintenance of all above and below ground SUDs infrastructure by a competent authority.

5. Before any works commence on site, a tree survey, carried out by a qualified arborist, of all trees on and adjoining the site, including those in Arns Brae Pleasure Grounds, adjoining the site, shall have been submitted to and approved in writing by the Council. Thereafter, all tree works and tree protection measures shall be carried out in accordance with such approved survey and BS5837 (Trees in Relation to Design, Demolition & Construction) 2012. The developer shall make arrangements for an officer of the Council to have inspected such measures prior to the commencement of construction works, and once approved all such protection shall remain in place for the duration of the demolition and construction work.

6. Before any works commence on site a detailed landscaping plan and schedule of planting, shall have been submitted to and approved in writing, by the Council, including:

a) A phasing plan of implementation in accordance with Condition 1.

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b) A schedule and specification of all communal hard and soft landscaping and arrangements for completion of all such areas and transfer to the Council for future maintenance.

c) Details of compensatory planting resulting from tree works or felling in or adjoining the site to accommodate the development.

d) Clear delineation of private gardens and communal areas.

Once approved, the development shall be carried out in accordance with such approved details.

7. Before any works commence on site, details of all external finishing materials shall have been submitted to and approved in writing by the Council.

These shall include:

a) All external wall, roof, window and door materials. b) The design and specification of all forms of boundary enclosure,

designed to ensure feature walls/railing rather than timber fencing onto street facing elevations.

c) The design and specification of all hard surfaces including paths, roads, and shared surfaces.

d) The design, construction, width, surfacing and lighting of the proposed path linking from the Secondary Square adjacent to Plot 214 to Carse Terrace such that this route is to a standard adoptable by the Council.

e) The details required under "(d)" above, shall include consideration of additional stepped sections between the bends in the path.

Once approved, the development shall be carried out in accordance with such approved details.

8. The development shall be carried out and completed in accordance with approved site and FFLs as shown on the stamped approved Site Sections drawing (ALLOA/20125/200), unless otherwise approved in writing by the Council.

Reasons

1. In the interests of residential amenity and environmental quality.

2. In the interests of residential amenity and environmental quality.

3. In the interests of residential amenity and environmental quality.

4. In the interests of residential amenity and environmental quality.

5. In the interests of residential amenity and environmental quality.

6. In the interests of residential amenity and environmental quality.

7. In the interests of residential amenity and environmental quality.

13

8. In the interests of residential amenity and environmental quality. Approved Plans

• Revised Sketch Layout - ALLOA/2014/01 I • Belfry Floor Plans & Elevation - Belfry PL 01 • Kinloch Floor Plans & Elevations - Kinloch PL 01 • Oakmont Floor Plans & Elevations - Oakmont PL 01 - Rev A • Rosedale Floor Plans & Elevations - Rosedale PL 01 • Victoria Floor Plans & Elevations - Victoria PL 01 • Site Sections - ALLOA/20125/200

2.3. Reasons for decision

1. The proposed development complies with the new Local Development Plan as it would implement a housing proposal set out in the plan and deliver new housing on a brownfield site, currently occupied by a vacant school. Once implemented the proposals will result in a high quality new residential area, well integrated into the surrounding new and established communities, and providing open space and active play provision.

3.0 Considerations

3.1. Background

3.2. The application site encompasses the former Claremont Primary School. off Carse Terrace, Alloa. The site area is approximately 1.53Ha and contains the now vacant school building, playing field, car parking and associated landscaping and paths. The site adjoins the former Alloa Academy site to the north and west, which is now a well advanced housing development including surface water detention (SUDs) basin. To the east, the site adjoins gardens of houses on Carse Terrace and Academy Street. Vehicular access is currently off Carse Terrace. This access also serves a small garage site. The southern boundary is with Arns Brae Pleasure Grounds, which contains a number of mature trees. An informal access also serves the site from Claremont, to the north, next to the SUDs area serving the adjoining new development.

3.3. The north part of the site, is grassed and relatively level, however the rest of the site slopes downwards generally from northwest to southeast, with the steepest gradients towards the south east corner. The site has been vacant since the opening of Redwell Primary School.

3.4. Proposal

3.5. The proposal involves demolition of the existing primary school buildings and erection of 29No. detached and semi-detached two storey houses with associated, roads, paths and open space. The development layout is proposed to link into the development on the adjoining Alloa Academy site by the applicants Bellway Homes, and is effectively the final phase of what will eventually be one overall development.

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3.6. There would be no other road access into the site, however a new footpath is proposed to link through a new area of passive open space to Carse Terrace. A larger area of open space of 3100m² is proposed in the northern portion of the site, forming a kick about area, with a total of approximately 5000m² proposed within the site. The kick about area will adjoin a play area to be provided on the adjoining site and a larger area of passive open space incorporating the SUDs basin from both existing and currently proposed developments. The pattern of development, including shared space street design, squares and house design will continue those already established on the adjoining site.

3.7. Development Plan Status

3.8. The adopted Local Plan identifies the site, and adjoining Academy site as "School Grounds", a designations which is now obsolete given opening of new primary and secondary schools to replace those formerly occupying the site. Associated sports and recreation provision has also been relocated.

3.9. The Council earlier this month approved the new Clackmannanshire Local Development Plan (LDP) for adoption. The LDP is currently with Scottish Ministers for final consideration during a 28 days period prior to adoption. The LDP therefore represents the Council's up to date and approved development plan position.

3.10. The LDP identifies the site as Housing Proposal H13 for approximately 40No. units. The development requirements in the LDP include access to Redwell, Arns Brae and Carse Terrace, retention of trees, provision of SUDs. A set of potential developer contributions is also set out.

3.11. Consultations

3.12. Roads: No objections, with some detailed comments on road layout, design and parking. The footpath to Carse Terrace should be designed/constructed to an adoptable standard. Construction traffic management will require to be given appropriate consideration. SUDs solution should utilise the existing infrastructure on the adjoining development site, which is due to be adopted by Scottish Water. Whilst the site is not at risk from fluvial flooding, it should be demonstrated that existing and proposed houses are not at risk from overland flows during storm events. Comment: The road design and layout has been adjusted to address Roads' detailed comments. A construction management plan will be required by a proposed condition, should consent be granted, and would require that construction traffic avoids using Carse Terrace. The applicants have confirmed that the SUDs solution involves using the basin constructed with the adjoining development. Final details of site levels and overland flow paths can be required by condition.

3.13. Environmental Health: No objections. Comments on control of hours of construction, dust management and requirement for an Environmental and Human Health Risk Assessment before works commence on site. Comment: These matters can be addressed by planning conditions

3.14. Scottish Water: No comments received, however it is anticipated that Scottish Water will adopt the SUDs basin serving the site, once it is completed to their required standard.

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3.15. SEPA: No objections. Surface water runoff from this developments is required to be treated by sustainable drainage systems (SUDS), in accordance with Scottish Planning Policy. This development will require one level of SUDS treatment. Comments from Roads on post-development run-off control should be sought. Comment: The proposals involve discharging surface water to the approved SUDs system on the adjoining development. A condition is proposed requiring details of post-development run-off control as advised by Roads.

3.16. Alloa Community Council: No comments received.

3.17. Developer Contributions Team: The Council's Developer Contributions Team agreed that the Council would effectively commute any developer contribution obligations, such as affordable housing, to other sites within its control, for example, through the provision of new affordable housing. The development of the site for housing, as set out in the LDP has been taken account of in the planning of new school provision, with associated facilities at Redwell Primary School. The enhancement of Arns Brae Pleasure Grounds, including a safe route to school has been delivered in association with completion of the new school and the adjoining housing development on the former Academy site. The proposed new link to Carse Terrace will further enhance accessibility on foot and by bicycle. The proposed kick about area within the site will also serve both existing and proposed developments, and fulfils an obligation to provide such a facility here, when the development at Alloa Academy was approved in March 2012. The Council will adopt the public open space sites for maintenance.

3.18. Representations

3.19. A total of 30No. neighbours were notified of the application, and a Neighbour Notification advertisement was placed in the local press on 22 April 2015. In response, 2No. representations have been received from the following parties:

Mr A Wilson, 20 Carse Terrace, Alloa

Mr H Craig, 25 Carse Terrace, Alloa

On the following grounds:

Question regarding missing documents and the design of the proposed path and vehicle turning facilities at the end of Carse Terrace. Comment: The application as submitted is complete and does not have missing documents The proposed path will link the new development to Carse Terrace and is to be designed as an adoptable route. The planning application does not propose any changes to turning facilities at the end of Carse Terrace. This area is not in the planning application site boundary.

Query regarding details of access arrangements to the site and proposals for construction/demolition access. Comment: All vehicle access will be via routes constructed on the adjoining development of the former Alloa Academy site, and onto Claremont. No vehicle access is proposed via Carse Terrace, however a new path will link to the site from here. It is also anticipated that construction/demolition traffic will use similar routing.

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Question regarding environmental and human health risk assessment. Comment: An Environmental and Human Health Risk Assessment shall be required by planning conditions, before works commence on site.

3.20. Planning Considerations

3.21. The application must be determined in accordance with the provisions of the Development Plan, unless material considerations indicate otherwise.

3.22. As noted above, the Clackmannanshire Local Plan dated 2004 has now been superseded by the LDP as the Council's adopted development plan, subject to final consideration by the Scottish Ministers.

3.23. As such, assessment of the application against development plan policies focuses on the relevant provisions of the LDP, which identifies the site as a Housing Proposal. Whilst the notional capacity shown in the LDP is for 40No. units, the application proposes only 29No. houses, however this allows provision for the required kick about area and additional passive open space around the path to Carse Terrace, where gradients are steeper. The proposals comply with the LDP designation of the site.

3.24. Policies SC2 and SC9 deal with affordable housing and developer contributions respectively. The manner in which the proposals comply with these policies is set out in Paragraph 3.17, above.

3.25. Policy RES 2 of the adopted Local Plan supports new residential development on brownfield land, including vacant and derelict land within settlement boundaries. As the application proposes demolition of the now vacant school and replacement with new housing, it can be considered to fully comply with this policy.

3.26. Policies RES 7 and RES 8 deal with the layout and form of development and amenity standards respectively. The site is well served by amenity space, both in terms of the open space proposed to be provided on site, but also access to Arns Brae Pleasure Grounds and open space at Redwell. The layout and design is of the same character as the currently under construction development on the adjoining land, and indeed will fully integrate with this development as one site, once complete. This design approach considers permeability, uses shared streets and squares to promote pedestrian movement over that of vehicles and is focussed on a green square overlooked by houses providing amenity and recreation. The proposals are therefore considered to be of a high design standard that complies with these policies.

3.27. In conclusion, the proposals are deemed to comply with the relevant provisions of the Development Plan.

3.28. The material considerations for this application comprise:

Consultations - the advice enables the Council to grant planning permission subject to conditions.

Representations - 28 of the 30 parties notified of the application have raised no objections to the proposed development. The comments and concerns raised by the two objectors have been considered and do not raise matters that would suggest that the application should be refused.

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4.0 Sustainability Implications

4.1. The proposals, once implemented would result in the successful redevelopment of a vacant school site as an attractive housing development well integrated into the surrounding new and established communities, and providing open space and active play provision.

5.0 Resource Implications

5.1. Financial Details

5.2. The full financial implications of the recommendations are set out in the report. This includes a reference to full life cycle costs where appropriate. Yes

5.3. Finance have been consulted and have agreed the financial implications as set out in the report. Yes

5.4. Staffing

6.0 Exempt Reports

6.1. Is this report exempt? Yes (please detail the reasons for exemption below) No

7.0 Declarations The recommendations contained within this report support or implement our Corporate Priorities and Council Policies.

(1) Our Priorities (Please double click on the check box )

The area has a positive image and attracts people and businesses Our communities are more cohesive and inclusive People are better skilled, trained and ready for learning and employment Our communities are safer Vulnerable people and families are supported Substance misuse and its effects are reduced Health is improving and health inequalities are reducing The environment is protected and enhanced for all The Council is effective, efficient and recognised for excellence

(2) Council Policies (Please detail)

8.0 Equalities Impact

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8.1 Have you undertaken the required equalities impact assessment to ensure that no groups are adversely affected by the recommendations? Yes No

9.0 Legality

9.1 It has been confirmed that in adopting the recommendations contained in this report, the Council is acting within its legal powers. Yes

10.0 Appendices

10.1 Please list any appendices attached to this report. If there are no appendices, please state "none".

None

11.0 Background Papers

11.1 Have you used other documents to compile your report? (All documents must be kept available by the author for public inspection for four years from the date of meeting at which the report is considered)

Yes (please list the documents below) No

Author(s)

NAME DESIGNATION TEL NO / EXTENSION

Grant Baxter Principal Planner

X2615

Approved by

NAME DESIGNATION SIGNATURE

Julie Hamilton

Development Services Manager

Gordon McNeil Head of Development and Environment Services

19

20

9.4m

44.8m

41.5m

10.4m

11.3m

36.9m

5

2

8

7

1

3

6

9

4

39

49

34

32

20

2428

16

13

58

9694

53

10

57

37

35

43

50

41

67

63

7375

15

59

48

29

18

47

38

40

79

21

19

17

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11

61

36

92

45

12

14

4442

55

31

51

46

74

98

25

52

99

6578

80

26

60

6866

62

64

70

97

30

84

69

School

Claremont

140

101

118

128

116

114

106

129

107

112

100

108

102

30a

Meadow Bank

Gean

Arnsside

Orchard Lodge

1

5

59

41

28

37

3

24

29

36

62

2

15

2

1

10

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14

39

66

2

13

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63

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3

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63

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LBTCB

Sports Facility

Playing Fields

Arns Brae Pleasure Grounds

El Sub Sta

Playing Field

El Sub Sta

The Red Well

PLACE

CARSE

ARNSBRAE

INC

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1:2,500Scale:

Development & EnvironmentKilncraigs

Greenside StreetAlloa

FK10 1EB

Tel: 01259 450 000planning@clacks.gov.uk

Date:11-May-2015

15/00062/FULL - Claremont Primary School, Carse Terrace, AlloaDemolition of School and Erection of 29 No. Houses with Associated

Roads, Paths, Open Space and Landscaping

Reproduced by permission of Ordnance Survey on behalf of HMSO. © Crown copyright and database right 2015.All rights reserved. Ordnance Survey Licence number 100020783.

Ward: Clackmannanshire South OS Grid Ref: NS 87 930 25 50 75 100

Meters

21

22

CLACKMANNANSHIRE COUNCIL

Report to: Planning Committee

Date of Meeting: 28th May 2015

Subject: Review of Planning Committee Decisions, Major Developments and Other Areas of Service Delivery

Report by: Ian Duguid, Development Quality Team Leader

1.0 Purpose

1.1. The purpose of this report is to provide the Committee with an up to date position statement on previous Committee decisions on planning applications, other significant decisions approved under our Scheme of Delegation, and other key areas of Development Quality Service delivery between October -April 2015. The report is the latest of a series of regular reports prepared on a 6 month cycle.

2.0 Recommendations

2.1. It is recommended that the Committee notes the progress on planned developments in Clackmannanshire, and other areas of work activity contributing to the Development and Environment Business Plan and the Clackmannanshire Local Development Plan.

3.0 Considerations

3.1. The Development Quality Operational Plan for 2014/2015 included the planned introduction of Committee reporting arrangements on the progress of the more significant planning applications and developments in Clackmannanshire during the period, plus other areas of work within Development Services. This report is the third in the series of such papers, following the initial report to Planning Committee in May of last year.

3.2. The format and content of the report remains largely unchanged but expands on the previous version, including information on High Hedge applications, consultations from neighbouring authorities and feedback on our latest Planning Performance Framework.

3.3. Progress On Previous Planning Committee Decisions

13/00016/FULL - Erection of 28 Houses at The Glen, Coalsnaughton. This was an amendment to a planning permission for development of a larger

THIS PAPER RELATES TO ITEM 5

ON THE AGENDA

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housing site that involved land to the north. The amendment was approved, and the site is now substantially complete.

11/00299/FULL - Extension to Burnfoot Hill Wind Farm (Six Additional Turbines and Access Road), Rhodders Farm, Tillicoultry. Last year, a Reporter from the Department of Planning and Environmental Appeals granted planning permission for this development, subject to conditions. Suspensive conditions have largely been discharged, and work has started on implementing the planning permission. The turbines are likely to become operational in 2015. Two other turbines which were approved by Perth and Kinross Council as a separate extension to the original 13 turbine windfarm have been installed. When complete, the windfarm will therefore comprise a total of 21 turbines, generating approximately 42MW of electricity. We calculate this to be the equivalent of the entire electricity demand of households in Clackmannanshire.

13/00150/FULL - 32 Houses and 16 Flats, Former Alva Academy Site, Queen Street, Alva. This application was approved in 2013. Some planning conditions are yet to be discharged, and work has yet to start on site.

14/00160/FULL - Erection of 27 Houses, With Access Roads etc, at Former Tullis Factory Site, Tullibody. These proposals, which represent the initial phase of the larger Tullis factory site, were approved by Committee in September last year. Conditions have been discharged and development has started on site.

14/00181/FULL - Erection of 12 Flats and 7 Houses at Former Fairfield School, Pompee Road, Sauchie. This planning application was approved by Committee on 11 September last year, subject to conditions. The school building has been demolished, and work has recently commenced on the implementation of the permission.

14/00163/FULL - Erection of Supermarket and Land East of Hilton Road, Clackmannan Road, Alloa. This application was approved. Since the decision in October last year, the applicant, Lidl UK, has developed a new store concept, and discussions are progressing towards the approval of amended proposals.

14/00187/FULL - Change of Use of Car Park to Garden Ground at Penny Cottage/Hillfoot Road, Dollar. This application was refused in October 2014. A subsequent application for a reduced area of land between the car park and the applicant's house was refused on 21st April this year. There are no further developments to report at this time.

14/00191/FULL - Residential Development at The Shore, Alloa. This detailed application was approved. A Section 75 Agreement for an agreed education contribution has been signed, and the planning permission granted. The developer is now on site undertaking site clearance and preparation work, with a view to the commencement of construction and engineering work.

14/00248/FULL - Erection of 71 Houses at Burnside, Riccarton, Clackmannan. Following approval of this development in March this year, there has been no advice from the developer on the implementation of this permission. *

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3.4 Pre-2014 Major Applications Update.

06/00283/OUT - New Village Development, Forestmill. The Council granted Planning Permission in Principle for the Forestmill Village project in 2011. Permission was granted subject to conditions and there is a separate Section 75 Agreement. An application has been submitted for the first two phases of development together with information for the entire masterplan area. Discussions with the applicant are ongoing, and we hope to bring a report to Planning Committee in the next 2-3 months.

11/00219/PPP - Residential Development of Land at the Former Forth Valley Collage, Branshill Road, Sauchie. Planning Permission in Principle was granted in January 2012. The permission expired in January 2015, but was renewed that same month. No detailed proposals have been prepared. *

11/00337/FULL - Erection of 97 Houses, etc at Former Alloa Academy, Claremont, Alloa. Planning permission for this development was granted in March 2012. All conditions have been discharged and the development is well advanced. Proposals for the development of the adjacent site, the former Claremont Primary School, access to which would be obtained via the existing development site, have been submitted and are due to be decided.

13/00068/FULL - Extension to Outlet Shopping Centre, Sterling Mills, Devonvale, Tillicoultry. This planning permission was granted in June 2013. While other changes to the shopping centre have been implemented, this extension on the east side of the complex has not started.

10/00036/MSC - Erection of 74 Houses at Land to the East of Lower Mill Street, Tillicoultry. Following an earlier grant of outline planning permission, these details were approved in December 2010. We have subsequently extended the period for implementation of this development, and preliminary site servicing work has taken place, primarily intended to ensure the permission remains live. *

13/00206/FULL - Erection of 39 Flats and 4 Shops With Car Parking, Primrose Street, Alloa. Planning permission for the re-development of this former Coop site was approved in January this year. Since then there has been no material progress towards the discharge of conditions and commencement on site. However, the Council has now secured ownership of the entire site, and will proceed to facilitate re-development of the site.

09/00188/FULL - Erection of 45 Houses, Helipad and Hanger, Café and Museum etc at Former Solsgirth Mine, by Dollar. This planning permission was granted in May 2011, and amended an earlier proposal for a reduced number of houses. As no work has started on site, and the period for commencement has expired, there is no longer an extant planning permission for this site. We would however continue to support the principle of re-development of this brownfield site (it is allocated in part for housing and in part for business in the Local Development Plan), and informal enquiries have been received from a prospective developer.

10/00153/PPP - Development of Land for Housing, School and Associated Open Space and Other Infrastructure at Land at Branshill, Sauchie. In November 2013, the Committee indicated that it was minded to

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grant Planning Permission in Principle, subject to conditions and subject to a Section 75 Agreement. A draft agreement has been finalised. However, related proposals for opencast coal extraction have been withdrawn following recent announcements on the future of Longannet Power Station. We have therefore re-commenced discussions on the terms of the Section 75 Agreement. This will be reported back to committee in due course.

* Contact will be made with the developer/landowner to ascertain proposed intentions/timescales for development as part of a wider proactive approach to securing residential implementation

3.5 Key Applications Decided Under the Scheme of Delegation

12/00217/MSC - Erection of 22 Houses and Access Road, Land Adjoining Kelly Burn, Lovers Loan, Dollar. This application followed an earlier grant of outline planning permission and was approved in December 2012. Work on the construction of houses and the new access road is nearing completion. Land within the site has been transferred to the Council for a new cemetery. The development also involves a playing pitch, traffic management proposals in Dollar and a contribution towards sport and community facilities.

13/00286/FULL - Erection of 22 Houses on Site of the Former Hospital, Ashley Terrace, Alloa. This planning permission was granted in April last year. Following the discharge of conditions, the applicant has proceeded to implement the permission.

14/00001/HH - High Hedge between 15 and 15A Glebe Terrace, Alloa. This application for service of a High Hedge Notice was the first received by the Council under the High Hedges (Scotland) Act 2013. The Service agreed to the request for a High Hedge Notice. The Notice was served, and steps have been carried out to remedy the harm.

15/00018/FULL - Erection of 22 No Houses, Stirling Road, Tullibody (adjacent to by-pass). Planning permission for flats was originally approved for this site. The amended proposals were approved earlier this year, and development is expected to start very soon.

15/00001/HH - High Hedge at 17 Glassford Square, Tillicoultry. This application sought the service of a High Hedge Notice. Officers agreed to the request, and a Notice will be issued shortly.

15/00037/FULL - Change of Use of Offices to a Hotel and Health Spa, Inglewood House, Alloa. Detailed permission has been granted for this hotel conversion. The development is underway.

3.6 Members are reminded that details of all planning applications are available on Clacksweb. The files contain the approved drawings, decision notice and report of handling. In addition to this, the Service issues a Bulletin to all Elected Members and other interested parties on a weekly basis, the first two sections comprising details of all applications received or decided during that week.

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3.7 Local Review Body (LRB) Decisions

14/00062/FULL. Appointed Officers refused planning permission for the erection of a house at Gartlaw, Yetts of Muckhart, for reasons relating to: local plan policy on development in the countryside, development on previously undeveloped land; adequacy of vehicle access; and possible precedent for further development of a similar nature. The LRB considered a subsequent request to review that decision, and having visited the site and heard evidence, decided to grant planning permission. Notwithstanding the local planning policy position, the proposal gained support from Scottish Planning Policy as it would extend a small cluster of existing houses, and would provide support for development of the Green Network. Further, the applicant had agreed to improve the existing private road to the site. The planning permission has not been implemented. Officers have been advised that the site is up for sale.

14/00260/FULL. A planning application for the erection of a glazed balcony onto the back wall of a house at 24 Blairdenon Drive, Sauchie was refused by Appointed Officers under the Scheme of Delegation, due to the potential impact on the privacy and amenity of neighbouring households and consequential conflict with development plan policy. Members of the Local Review Body decided that, on balance, the adverse impacts would be unacceptably high and refused to grant planning permission. The applicant has now contacted the Council seeking advice on an amended proposal.

3.8 Planning Appeals

(i) An appeal was submitted to the Department of Planning and Environmental Appeals, acting for Scottish Ministers, following the decision of the Council to refuse Planning Permission in Principle for the residential development of land south of Woodhead Place in Coalsnaughton. The Service responded to the grounds of appeal. The Reporter dismissed the appeal and refused to grant planning permission. He agreed with the Council that the land has always been in agricultural use, so it could not be considered brownfield to justify development outwith the settlement boundary. He also acknowledged the absence of a Coal Mining Risk Assessment, but did not believe that any development would prejudice the alignment of a future Coalsnaughton by-pass. There has been no further communication since the appeal decision.

(ii) Members will recall a consultation from Perth and Kinross Council on proposals for a sand and gravel development near Glendevon Reservoir, at Glenquay, north of Muckhart, and just outwith our administrative area. The Council submitted representations against the proposal on two separate occasions, and after a protracted period of time, Perth and Kinross Council decided to refuse planning permission for the development. The applicants have appealed to Scottish Ministers. We have responded to the grounds of appeal, and await the Reporter's decision.

3.9 Enforcement Activity

(i) In February 2011, the Council produced a Planning Enforcement Charter, setting out in some detail policies and our procedures that are included in dealing with allegations of unauthorised development. It explains

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the complexities of the process, the breadth of issues involved in decision making, the planning "rules", enforcement policies and the factors that will inform our discretionary but consistent decision making. The Charter was prepared in accordance with new planning regulations; the same regulations require planning authorities to keep Charters up to date. This year, we have completed a review, by examining the enquiries we receive, the formal action taken by the Council and the robustness of the information we provide. A new Planning Enforcement Charter has been published. We notified Scottish Ministers. The new version is now up to date, and available for all customers on our website.

(ii) In the 6 months from October to March 2015, the Council received 22 enquiries from members of the public in relation to alleged unauthorised development, that being development that did not have planning permission or was not proceeding in accordance with such permission. These enquiries have been investigated and in the majority of cases, it was found that there was either no breach of planning control, or that where development had taken place without permission, the breach was relatively minor or would almost certainly be granted planning permission were an application to be submitted. As a consequence, we did receive a small number of retrospective applications seeking permission for work that had already been carried out, but no formal notices were served during the period.

3.10 Comments and Complaints

In the 6 month period from October 2014 to March this year, Development Services received no formal stage 1 or stage 2 complaints in relation to service delivery, decision making or any other aspect of our service.

There have been no complaints to the Local Government Ombudsman during the same period.

3.11 Planning Performance Framework (PPF)

In October last year, we reported on the submission of the Council's third Annual Report on Planning Performance to the Scottish Government. This is the principal report covering the full breadth of the planning function, and follows a framework developed by Heads of Planning Scotland in consultation with the Scottish Government. Above all else, the PPF contains a body of statistical and other evidence on the quality of service delivery, planning application decision making and development plan provision.

The Scottish Government provide each planning authority with a feedback report, which is essentially an independent assessment of the Council's performance. The feedback on our PPF is included in Appendix 1 to this report. It contains a comprehensive series of statements on both the statistical performance indicators (National Headline Indicators) and the broader measurement of a high quality planning service. The findings are largely self-explanatory, and the overarching message is evidence of various improvements in service delivery, with decision making timescales for major, householder and local non-householder applications all better than the national average and almost all other planning authorities.

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The Scottish Government's High Level Group on Performance formulated a model of Performance Markers, in part as a tool to capture the key areas of performance management, and in the context of the PPF, to provide guidance for continuous improvement. The model adopts a Red, Amber Green (RAG) rating. The relative rating for this and the preceding year is as follows:

Red Amber Green

2012/2013 5 3 5

2013/2014 3 4 6

The figures indicate a positive trend. As a further reassurance, progress has been made on the three areas of performance attracting a RED rating. Whilst these will be captured in the next PPF, the position is as follows:

1. Performance Marker 5 - Review of Enforcement Charter Within 2 Years. We have reported earlier on this exercise. It was overdue, hence the RED rating. We consciously delayed the review to obtain a meaningful body of evidence. This marker is expected to turn GREEN.

2. Performance Marker 7 - Local Development Plan Less Than 5 Years Since Adoption. The Local Development Plan was approved for adoption at the Council meeting on 14th May. This followed a lengthy period of identifying key issues, draft plan, consultation, review, approval and examination. This marker is expected to turn GREEN.

3. Performance Marker 8 - Development Plan Scheme to Secure Adoption Within 5 Years of Current Adoption. The Action Programme will be reviewed after two years. Project management arrangements will be put in place for future reviews and adoption of the LDP. This marker is expected to turn AMBER.

4.0 Sustainability Implications

4.1. The Planning etc (Scotland) Act 2006 requires planning authorities to carry out the planning functions in a manner that contributes to sustainable economic development. The decisions and service activity summarised in the report comply with this obligation.

5.0 Resource Implications

5.1. Financial Details

5.2. The full financial implications of the recommendations are set out in the report. This includes a reference to full life cycle costs where appropriate. Yes

5.3. Finance have been consulted and have agreed the financial implications as set out in the report. Yes

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6.0 Exempt Reports

6.1. Is this report exempt? Yes (please detail the reasons for exemption below) No

7.0 Declarations The recommendations contained within this report support or implement our Corporate Priorities and Council Policies.

(1) Our Priorities (Please double click on the check box )

The area has a positive image and attracts people and businesses Our communities are more cohesive and inclusive People are better skilled, trained and ready for learning and employment Our communities are safer Vulnerable people and families are supported Substance misuse and its effects are reduced Health is improving and health inequalities are reducing The environment is protected and enhanced for all The Council is effective, efficient and recognised for excellence

(2) Council Policies (Please detail)

Not Applicable

8.0 Equalities Impact

8.1 Have you undertaken the required equalities impact assessment to ensure that no groups are adversely affected by the recommendations? Yes No

9.0 Legality

9.1 It has been confirmed that in adopting the recommendations contained in this report, the Council is acting within its legal powers. Yes

10.0 Appendices

10.1 Please list any appendices attached to this report. If there are no appendices, please state "none".

Appendix 1 - Planning Performance Framework - 3rd Annual Report - Scottish Government Feedback Report

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11.0 Background Papers

11.1 Have you used other documents to compile your report? (All documents must be kept available by the author for public inspection for four years from the date of meeting at which the report is considered)

Yes (please list the documents below) No Planning Performance Framework Clackmannanshire Local Development Plan Planning Enforcement Charter

Author(s)

NAME DESIGNATION TEL NO / EXTENSION

Ian Duguid Development Quality Team Leader

2621

Approved by

NAME DESIGNATION SIGNATURE

Julie Hamilton

Development Services Manager

Gordon McNeil Head of Development and Environment Services

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PLANNING PERFORMANCE FRAMEWORK: 2013-14

FEEDBACK REPORT: Clackmannanshire Council Date performance report due: 30 September 2014 Date of receipt of report: 25 September 2014 National Headline Indicators

Your local plan is now over 10 years old, albeit that you made changes to the housing alteration 3 years ago. As noted last year, while we can understand that the housing element could be the aspect that had most urgently needed updating, there is a general issue about certainty and confidence in a plan that is now over 10 years old, particularly in view of a statutory requirement to update every 5 years. We note that you are hoping your new LDP will be adopted in Spring 2015 and we hope to see the LDP progress toward adoption at the earliest opportunity through strong project management.

We are encouraged by the increase in the number of applications subject to pre-application advice, from 10% last year to 27.9% this year. You have now consulted on and implemented an improved pre-application advice service for householder, non-householder and permitted development enquiries; you also have a consistent mechanism for recording pre-application advice. It is encouraging that you have had regular engagement with developers to encourage their take-up of pre-application advice.

The National Headline Indicators section of your report states “1 of 2” major applications were subject to a processing agreement. However, according to the annual Planning Authority Performance Statistics for 2013/14, no major applications were determined with the use of a processing agreement.

The average decision-making timescale for major developments was 7.9 weeks and this is well below the Scottish average of 53.8 weeks.

You report a small improvement from 91% to 96.6% in your delegation rate. This is well above the average Scottish figure of 92.6%.

There has been an improvement in your decision-making timescales for local developments (non-householder) from an average of 11.4 weeks last year to 8.3 weeks this year, which is better than the Scottish average of 14.3 weeks. Encouragingly, a high percentage (89.6%) of these was decided in less than 2 months. As noted last year, efficient performance contributes to developer confidence in your area and we welcome the focus you bring to this in delivering your planning service.

There has been a very slight slippage in the average decision-making timescales for householder developments from 5.6 weeks to 5.8 weeks. However, this figure remains well below the Scottish average of 7.7 weeks.

Your enforcement charter still had not been reviewed by the end of the reporting year and was 3½ years old at that time. While we note your comment that with a relatively low number of enforcement enquiries and formal notices, coupled with few public comments on the Charter, you feel that a two year period is insufficient time to assemble a meaningful body of evidence, we would draw your attention to the requirement by statute for your enforcement charter to be reviewed on a rolling 2-year cycle to ensure this aspect of the planning service remains fit for purpose. We recognise that you

33

have committed to conclude the review and update of your enforcement charter in the coming year and we look forward to seeing progress with this in your next report.

There is no reference to legacy cases in this report, although there was reference in the 2011-12 report of one outstanding major legacy case that should have been decided this year. It would be useful to see information in your next report as to whether there are any legacy cases and, if there are, what actions are being taken to reduce these.

Defining and measuring a high-quality planning service

You provide good evidence of a positive and welcoming service in response to approaches made to your authority by prospective developers. It is positive to see that following feedback from, and consultation with, the development industry, you have adopted a new approach to the provision of pre-application advice using a new advice template, which enables you to provide a consistent service. We look forward to your next report providing further information on the effectiveness of this service.

As with last year, we welcome your commitment to early engagement, not only with prospective applicants but also with internal consultees, which can help to advise on necessary and proportionate supporting information. This also offers an early opportunity to address proportionality in requests for developer contributions.

Your commitment to a greater degree of cross-service working is welcomed, with the introduction of a Developer Contributions Team which includes representation across different council departments. This team meets to discuss applications and enquiries for major and significant local developments and helps to ensure consistent and informed decision making for planning decisions.

Your commitment to design improvements is further demonstrated by supplementary planning guidance on Placemaking. Development guidelines are also included in the schedule of sites in the adopted Local Plan.

Your ongoing approach, proceeding towards decision without pursuing previously requested information not included in application submissions, appears to have contributed to your positive decision making performance statistics, while a higher than average approval rate suggests this is not simply leading to quick refusals. The information you have provided suggests that changing to a more structured pre-application advice service (Appendix 1 of your report) has helped to improve the quality of application submissions.

Your engagement with customer groups is a positive step in the planning process and we welcome your continued commitment to communications, both with applicants in keeping them informed of progress and likely outcomes, and with third parties to explain the reasons for decisions made. We are also pleased to learn of your positive experiences with your customer forum, as well as local engagement on your LDP, leading to a range of improvement actions and to an expansion of this customer engagement to include community councils.

Your approach to dealing with customers shows a willingness to engage and develop new communication channels in order to provide a high quality planning service. This can be demonstrated by the information day you held

34

after a request from a local residents’ association, in development of a draft consultation protocol for your LDP, or in development of a new 2 stage corporate complaints service. You have put a Customer Service Satisfaction questionnaire on your website and we look forward to seeing the results from this in your next report.

You have described management and committee structures that maintain a focus on efficient handling of applications and decision-making, reflected in your performance statistics. The introduction this year of monthly enforcement liaison meetings between the Council’s legal service and the development quality team leader should help to improve enforcement within your area. However, you should review your enforcement charter this year.

With a small team, having sufficient flexibility in the workforce to be able to react to changing priorities is particularly important and we welcome activity to support staff development and share skills and knowledge. This was illustrated this year in your report by involving officers in a Local Authority Urban Design Forum and a Design Skills Symposium.

We are pleased to see that you have further committed to undertaking benchmarking work and have joined a benchmarking family to share good practice and help to bring about further improvements in service. You also make use of the Local Government Knowledge Hub to share good practice. Your next report would benefit from case studies or examples of how this sharing of information has impacted upon your service delivery.

Service improvements 2013-14: delivery

You have made progress across most of your improvement actions from your last report, with most completed during the year and two being subject to further review.

Service improvement commitments 2014-15

You have committed to a good range of activities for 2014-15, although some relate to core activities rather than service improvements. We look forward to your progress.

Conclusion

Your report portrays a clear picture of the way in which you work with stakeholders to provide an efficient service.

It is encouraging that your decision-making timescales for major, householder and local (non-householder) developments are all better than the national average.

It remains crucial however, that progress is made with your LDP through to adoption and that you complete future updates within the 5-year cycle.

It is also important that you review your enforcement charter this year. Your next report would benefit from more examples of case studies and

examples of good practice.

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The feedback in this report is based solely on the information provided within your Planning Performance Framework Report covering the period April 2013 to March 2014. If you need to clarify any aspect of the report please contact us on 0131 244 7148 or email Chief.Planner@scotland.gsi.gov.uk Please note that Planning Performance Framework Reports covering the period April 2014 to March 2015 are due to be submitted to the Scottish Government by 31 July 2015.

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APPENDIX PERFORMANCE MARKERS REPORT 2013-14

Name of planning authority: Clackmannanshire Council

The High Level Group on Performance agreed a set of performance markers. We have assessed your report against those markers to give an indication of priority areas for improvement action. The high level group will monitor and evaluate how the key markers have been reported and the value which they have added. The Red, Amber, Green ratings are based on the evidence provided within the PPF reports. Where no information or insufficient evidence has been provided, a ‘red’ marking has been allocated. No. Performance Marker RAG

rating

Comments

1 Decision-making: continuous reduction of average timescales for all development categories [Q1 - Q4]

Green Major developments

Two major applications were decided during the year. Average timescale for handling major applications is 7.9 weeks, which is significantly better than the Scottish average of 53.8 weeks.

RAG = Green

Local (non-householder)

Developments

Average timescales have improved since last year going from 11.4 weeks to 8.3 weeks which is better than the national average of 14.3 weeks.

RAG = Green

Householder Developments

Average timescales have increased since last year from 5.4 weeks to 5.8 weeks, better than the national average of 7.7 weeks.

RAG = Amber

TOTAL RAG = Green

2 Processing agreements:

offer to all prospective applicants for major development planning applications; and

availability publicised on website

Amber National Headline Indicators state ‘1 of 2’

major applications subject to a processing agreement. However, according to the annual Planning Authority Performance Statistics for 2013/14, no major applications were determined with the use of a processing agreement.

37

Report highlights that processing agreements are now offered for all major applications and significant local developments, but lacks evidence of whether availability is publicised on the authority’s website.

3 Early collaboration with applicants and consultees

availability and promotion of pre-application discussions for all prospective applications; and

clear and proportionate requests for supporting information

Green Increase in the number of applications having pre-application advice from 10% to 27.9%.

Availability of early advice is set out on website and communicated to regular agents. Early internal consultation enables clear and proportionate information requests.

4 Legal agreements: conclude (or reconsider) applications after resolving to grant permission

reducing number of live applications more than 6 months after resolution to grant (from last reporting period)

Green Official statistics show no applications with a legal agreement during the year.

Little reference to legacy cases in the report apart from a comment that there has been previous resolution of a small number of cases.

5 Enforcement charter updated / re-published within last 2 years

Red Charter is now 3½ years old. Commitment to conclude the review and update enforcement charter in 2014-15

6 Continuous improvement:

progress/improvement in relation to PPF National Headline Indicators; and

progress ambitious and relevant service improvement commitments identified through PPF report

Amber While decision-making timescales are good, there is continued slippage in timetable for your LDP and your enforcement charter has not been updated within statutory 2-year period.

Some good progress made on SIP commitments, with most actions completed in the year.

7 Local development plan less than 5 years since adoption

Red LDP now more than 10 years old. New one is due for adoption in Spring 2015.

8 Development plan scheme – next LDP:

on course for adoption within 5 years of current plan(s) adoption; and

project planned and expected to be delivered to planned timescale

Red Local plan expected to be over 10 years old when LDP adopted. Development plan scheme had to be amended to reflect further slippage.

Stronger project management is crucial.

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9 Elected members engaged early (pre-MIR) in development plan preparation – if plan has been at

pre-MIR stage during reporting year

N/A

10 Cross sector stakeholders* engaged early (pre-MIR) in development plan preparation – if plan has been at pre-MIR stage

during reporting year

*including industry, agencies and Scottish

Government

N/A

11 Regular and proportionate policy

advice produced on:

information required to support applications; and

expected developer contributions

Green Regular and proportionate policy advice

produced on:

Information required to support

applications

Good commitment shown to pre-application engagement and references to advice on website. RAG = Green

Expected developer contributions

Internal consultation takes place to develop proportionate requests in information requirements. Development of supplementary advice on developer contributions. RAG Rating = Green TOTAL RAG = Green

12 Corporate working across

services to improve outputs and services for customer benefit (for example: protocols; joined-up services; single contact arrangements; joint pre-application advice)

Green Pre-application engagement with internal consultees. Joint working with other services within the planning authority including joint pre-application advice.

13 Sharing good practice, skills and

knowledge between authorities

Amber Some reference to sharing of good practice and benchmarking activities with other planning authorities.

14 Stalled sites/legacy cases: conclusion or withdrawal of old planning applications and reducing number of live applications more than one year old

Amber Little reference to legacy cases in the report apart from a comment that there has been previous resolution of a small number of cases. Evidence provided in 2011-12 report that an exercise had been carried out during the previous year to conclude long-running cases, although there was one outstanding major legacy case that has not been referred to this year.

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15 Developer contributions: clear and proportionate expectations

set out in development plan (and/or emerging plan); and

in pre-application discussions

Green Developer contributions: clear and

proportionate expectations

set out in the development plan

(and/or emerging plan);

Schedule of allocated sites includes details on developer contributions for each site; being re-examined through LDP.

RAG = Green

in pre-application discussions

Development of supplementary guidance on developer contributions. Evidence provided of pre-application engagement. How this ensures contribution expectations are reasonable and proportionate could be demonstrated with examples.

RAG = Green

TOTAL RAG = Green

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