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THE MORAY COUNCIL MINUTE OF SPECIAL MEETING OF THE PLANNING & REGULATORY SERVICES COMMITTEE TUESDAY 19 MARCH 2013 COUNCIL OFFICE, ELGIN

Present Councillors D. Ross (Chair), C. Tuke (Depute Chair), G. Alexander, J. Allan, S. Cree, J. Divers, M. Howe, G. Leadbitter, M. McConachie and A. Wright. Also Present Councillor J. Cowe. Apologies Apologies were intimated on behalf of Councillors G. McDonald, F. Murdoch and P. Paul. In Attendance The Head of Development Services, Mrs B. Smith, Acting Manager (Development Management), Mr N. MacPherson, Principal Planning Officer (Development Management), Mr R. Gerring, Senior Engineer, Mrs A. Scott, Legal Services Manager (Property & Contracts) and Mr D. Westmacott, Committee Services Officer as Clerk to the Meeting.

1. DECLARATION OF GROUP DECISIONS In terms of Standing Order 20 and the Councillors Code of Conduct, Councillor Alexander declared an interest in Planning Application 12/01799/PPP as a Committee Member of Forres Mechanics Football Club and left the meeting, taking no part in deliberation of the item. There were no other declarations from group leaders or spokespersons in regard to any prior decisions taken on how members will vote on any item on the Agenda nor any declarations of Members Interest in respect of any item on the Agenda.

2. CORRESPONDENCCE The Chairman, referring to correspondence received from Forres Community Council by all members of the Committee, confirmed that the agenda for this meeting was made available to the public on 13 March 2013 and that the reason a special meeting of this Committee was called to consider Planning Application 12/01799/PPP was due to an error by a local newspaper which caused a delay in advertising the application. He advised that this caused the Planning Application to miss the deadline for consideration at the previous meeting of this Committee.

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3. PLANNING APPLICATION (i) 12/01799/APP DEVELOPMENT OF FOOTBALL STADIUM TO INCLUDE NEW FOOTBALL PITCH, CLUBHOUSE (INCORPORATING LICENSED BAR), STAND, PERIMETER WALL, FLOODLIGHTING AND CAR PARKING ON SITE AT BOGTON ROAD, FORRES FOR REDCO MILNE LIMITED

There was submitted a report by the Appointed Officer recommending that, subject to conditions detailed in the report, planning permission be granted for development of football stadium to include new football pitch, clubhouse (incorporating licensed bar), stand, perimeter wall, floodlighting and car parking on Site at Bogton Road, Forres for Redco Milne Limited. The meeting noted that the application had been referred to Committee in terms of the Scheme of Delegation, as the application relates to land in which the Planning Authority has a financial interest. The meeting also noted that the application had been advertised as a departure from the Development Plan and as a development of a class specified in Schedule 3 of the Development Management Regulations 2008. Members of the Committee visited the site of the application on Monday 18 March 2013. During discussions, Mr MacPherson noted that Condition 8 within the recommendations had been amended to the following:Any further application or approval of matters specified in conditions must be accompanied by a detailed artificial lighting assessment taking into consideration neighbouring properties and roadways. The reason for the condition remained the same. In response to a query from the Chairman regarding a detailed application for this site, the Appointed Officer confirmed that any future detailed application would be presented to this Committee for consideration. The Chairman, prior to opening the debate on the item, confirmed to the meeting that, although the planning application was linked to the possible future development of adjoining land to the west for a retail development and petrol filling station, approval of this application would not prejudice consideration of any future application in relation to the retail development. He also noted that any negotiations with the football club and the Council as owners of the Common Good Land upon which the club is currently located would be an entirely separate process from the planning application process, and any decision about the possible sale of this land would be made by the Policy and Resources Committee and/or by The Moray Council following public consultation. Referring to the loss of amenities, Councillor Divers requested that a condition be included for a pedestrian crossing near the Victoria Road/North Street junction to provide a safe environment to residents of Bogton Road to cross the road to alternative facilities in Grant Park. In response, Mr Gerring advised that a condition was already recommended in relation to traffic calming and suggested that this incorporates consideration of a pedestrian crossing within the vicinity of the Victoria Road/North Street junction. This was agreed by the Committee.

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Councillor Divers, referring to objections regarding the proposed flood lighting, requested that a condition be included that car parking be provided to the south of the football pitch, thus moving the pitch and flood lights further north of the properties on Bogton Road, which was more in keeping with the current arrangement of the football pitch. This was agreed by the Committee. Councillor Leadbitter moved that the play park facilities on the site are replaced and relocated within Forres in agreement with the Lands and Park service. In response to queries regarding replacing the lack of developer contributions, it was noted that this could be revisited at any detailed application stage. Thereafter, Councillor Howe seconded Councillor Leadbitters motion. As an amendment, Councillor Ross moved that the play park facilities on the site are not replaced and relocated, given Officers advice that alternative facilities are available nearby at Grant Park. This was seconded by Councillor Tuke. On a division, there voted:For the motion (4) For the amendment (5) Abstentions (0) Thereafter, the Chairman moved that the Committee agree the recommendations as set out in the report with the inclusion of a condition regarding consideration for the provision of a pedestrian crossing point to be sited on Victoria Road in proximity to the access to the existing play park at Grant Park, and that car parking be provided to the south of the football pitch. There being no one otherwise minded, the Committee:(i) agreed to grant planning permission in principle, subject to the following conditions and informatives:The approval hereby granted is for planning permission in principle and prior to the commencement of the development approval of matters specified in conditions, including the siting, design and external appearance of the building(s) the means of access thereto and the landscaping of the site shall be obtained from the Council, as Planning Authority. The grant of planning permission in principle hereby granted for the proposed development shall be carried out only in accordance with detailed drawings which shall previously have been submitted to and approved by the Council, as Planning Authority. These drawings shall show the matters specified in conditions numbered 3-7 below. Plans, sections and elevations of all buildings proposed with details of the type and colour of all external materials and finishes shall be submitted in accordance with condition no. 2 above. Councillors Divers, Howe, Leadbitter and McConachie. Councillors Allan, Cree, Ross, Tuke and Wright.

1.

2.

3.

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4.

The proposed layout of the site showing the exact position of the site boundaries, the position of all buildings, the means of access, areas for vehicle parking and the arrangements for the disposal of foul and surface water (i.e. a SUDS system or equivalent) shall be submitted in accordance with condition no.2 above. Details of the exact extent, type and finish of all other works including walls, fences and other means of enclosure and screening shall be submitted in accordance with condition no. 2 above. Scaled drawings shall be submitted showing cross-sections through the site of the development on its finished levels in relation to existing in accordance with condition no. 2 above. Landscaping proposals showing any existing trees/hedges/shrubs to be retained or removed together with details of the type, position and number of all planting to be undertaken and details of all surfacing materials shall be submitted in accordance with condition no. 2 above. Any further applications or approval of matters specified in conditions must be accompanied by a detailed artificial lighting assessment taking into consideration neighbouring properties and roadways. Unless otherwise agreed with the Council (as Planning Authority) no development shall take place until the Forres Flood Alleviation Scheme is complete and operational to the satisfaction of the Planning Authority (in consultation with SEPA).

5.

6.

7.

8.

9.

10. Any further applications or approval of matters specified in conditions must be accompanied by a construction phase surface water management plan for approval in writing by the Council (as Planning Authority) in consultation with The Moray Council Flood Risk Management Team. This plan should also include details of how the drainage infrastructure will be constructed and managed outwith the application site, detailing the sequence in which the drainage will be provided. 11. No trees, shrubs or hedgerows on the site shall be removed without the prior written consent of this Council as Planning Authority. 12. (i) Prior to commencement of development the following details must be submitted for approval by the Planning Authority in consultation with the Roads Authority:(a) an assessment of the vehicle swept paths for construction vehicles (Articulated HGV) and football related vehicles (Coaches) taking access to and from the site from Gordon Street via Caroline Street and Bogton Road in order to identify widening/ requirements to permit two-way movement of large vehicles which do not encroach on oncoming vehicles in the opposite direction; detailed plan(s) confirming works to be undertaken to achieve a minimum forward visibility of 45 metres throughout the length of the access route to and from the site along Caroline Street and Bogton Road (between Gordon Street and the site access); scoping for provision of traffic calming proposals (to include consideration of

(b)

(c)

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a reduction in the speed limit on Bogton Road, St Ronans Road and Russell Place; (d) (e) detailed proposals for traffic calming to be implemented; plans confirming arrangements and capacity for extraordinary event overspill parking provision; a parking management plan; and consideration for the provision of a pedestrian crossing point to be sited on Victoria Road in proximity to the access to the existing play park at Grant Park.

(f) (g)

(ii)

All work shall be carried out in accordance with the approved details prior to the use being operational; and The parking management plan shall be provided and be in operation for the duration of the use of the development.

(iii)

13. As shown on drawing TP048/SK/001, a visibility splay of 4.5m x 60m shall be provided and maintained at the access onto the public road, clear of any obstruction above 0.6m in height (measured from the level of the carriageway). 14. Parking provision shall be outwith visibility splays. 15. Unless otherwise agreed in writing with the Council (as Planning Authority) the methodology, standards and approach demonstrated in the surface water drainage scheme submitted, must be reflected in any finalised SUDS scheme and construction phase surface water management plan to be submitted under the reserved matters above. 16. The reserved matters application shall relate to the football stand and pitch being located to the north side of the proposed car parking area rather than the southern side as shown on the indicative plans Reasons:1. In order to ensure that the matters specified can be fully considered prior to the commencement of development. As the approval is granted for planning permission in principle only and in order that detailed consideration can be given to the matters specified. As the approval is granted for planning permission in principle only and in order that detailed consideration can be given to the matters specified. As the approval is granted for planning permission in principle only and in order that detailed consideration can be given to the matters specified. As the approval is granted for planning permission in principle only and in order that detailed consideration can be given to the matters specified.

2.

3.

4.

5.

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6.

As the approval is granted for planning permission in principle only and in order that detailed consideration can be given to the matters specified. As the approval is granted for planning permission in principle only and in order that detailed consideration can be given to the matters specified. As the approval is granted for planning permission in principle only and in order that detailed consideration can be given to the matters specified. In order to ensure any development does not exacerbate flooding in the locality.

7.

8.

9.

10. In order or ensure that further consideration can be given to the impact of construction activities on site in terms of drainage. Also to ensure that the provision of drainage infrastructure for the new stadium outwith the site does not compromise the ongoing use of the existing stadium. 11. In order to ensure that the existing trees, shrubs or hedgerows are retained as they add interest and character to the site and will contribute to the appearance of the development approved herewith. 12. To ensure the road network and parking provision are adequate to cater for the proposed development. 13. To enable drivers of vehicles leaving the site to have a clear view over a length of road sufficient to allow safe exit, in the interests of road safety for the proposed development and other road users 14. To ensure acceptable development that does not create any hazard to road users in the interests of road safety 15. In order to ensure the merits of the indicative drainage scheme approved as part of this application are carried forward to any drainage scheme and management plan submitted at a further detailed stage. 16. To protect the amenity of the existing occupiers on Bogton Road. List of Informatives:THE ENVIRONMENTAL HEALTH MANAGER, Development Services, has commented that:The design and construction of the proposed football ground, including the spectators viewing areas, will be require to be in accordance with the guidance contained in the Guide to Safety at Sports Grounds (Fifth Edition). The fire safety provisions, including the means of escape and access to emergency vehicles, will require to be in accordance with the requirements of Part 3 of the Fire (Scotland) Act 2005. The areas where food stuffs are to be prepared and served will require to comply with the Food Hygiene (Scotland) Regulations 2006. In particular a sink and wash hand basin will require to be provided in the bar/server area and pies/drink area. THE TRANSPORTATION MANAGER, Direct Services, Academy Street, Elgin has commented that:-

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Planning consent does not carry with it the right to carry out works within the public road boundary and the applicant is obliged to contact the Transportation Manager for road opening permit in accordance with the Roads (Scotland) Act 1984. This includes any temporary access joining with the public road. The proposed development has been considered on the basis of a capacity of 500. Any proposed increase to this capacity will require a parking assessment. Construction Consent for the roads will be required under Section 21 of the Roads (Scotland) Act 1984, which shall include a CCTV survey of all existing roads drainage to be adopted and core samples to determine the construction depths and materials of the existing road. If a Traffic Regulation Order is required for a reduction to the speed limit on Bogton Road then this must be completed prior to commencement of development and the process will be undertaken by the Moray Council with all costs met by the developer. No building materials/scaffolding/builder's skip shall obstruct the public road (including footpaths) without permission from the Roads Authority. The applicant shall be responsible for ensuring that surface/ground water does not run from the public road into his property. The applicant shall ensure that their operations do not adversely affect any Public Utilities, which should be contacted prior to commencement of operations. The applicants shall free and relieve the Roads Authority from any claims arising out of his operations on the road or extension to the road. The Transportation Manager must always be contacted before any works commence. This includes any temporary access, which should be agreed with the Roads Authority prior to work commencing on it. No retaining structures or embankments shall be constructed along the edge of the road, whether retaining the public road or ground adjoining the public road without prior consultation and agreement of the Roads Authority. The developer must contact the Roads Authority Street Lighting Section at Ashgrove Depot, Elgin - Tel (01343) 557300, Ext 7343 to discuss the proposals. The developer must contact the Roads Authority Passenger Transport Unit at Academy Street, Elgin - Tel (01343) 562500, Ext 2541 to discuss the proposals. The developer must contact the Roads Authority Roads Maintenance Manager (West) at Ashgrove Depot, Elgin - Tel (01343) 557300, Ext 7349 to discuss the proposals. SPORTS SCOTLAND have offered the following advice on the illustrative plans submitted:In terms of design the pitch should have at least 3m runoffs surrounding the pitch area. The plans indicate only 1 metre run offs which could be dangerous during play and therefore should be increased to at least 3m. The floodlighting columns proposed next to the centre of the pitch will be hazardous to pitch users and would also obstruct the views of spectators in

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the north stand. Consideration could be given to four corner lighting columns rather than the six proposed. The height of the columns would most likely need to be increased slightly in order to ensure appropriate lux levels across the pitch. A four corner column approach ensures uninterrupted views from the spectator stand. In terms of the changing pavilion one potential issue to consider is the proposed external staircase. Obtaining a building warrant for similar works has proven problematic in the past for similar proposal. Discussions should take place with the applicant and Building Standards to ensure any potential issues are resolved prior to full planning permission. The applicant could consider the development of a 3G synthetic turf pitch, as opposed to a grass pitch. This would provide a facility with a far greater playing capacity. Rather than 6-8 hours per week it could be used for 50 hours or more. This could also be open for public use subject to discussions with the club, and take pressure of other grass pitches in the area. Forres Mechanics would be able to train and compete on the same ground without any issues of overuse. If this were considered a possibility there would also be long term savings for the club in terms of maintenance and potential revenues through lets to the public. The changing pavilion may need to be increased in size to cope with the higher user numbers. Sports Scotland would be willing to offer further design advice to the applicant if this option were pursued. SCOTTISH WATER have attached a plan showing their assets near the site that will be forwarded to the applicants for their information; and

(ii)

noted that any future detailed application would be presented to this Committee for consideration.