1

+ €DINBVRGH+
THE CITY OF EDINBURGH COUNCIL

Full Planning Application 071051841FUL

at
Land At Clermiston Road North
Edinburgh

Development Management Sub-committee

of the Planning Committee

DEPARTURE FROM THE DEVELOPMENT PLAN

The development proposed by this application is a departure from the

development plan:

The proposed house is contrary to the Green Belt policies within the adopted
Local Plan. However the proposed physical changes will not alter the open
characteristics of the Green Belt.

1 Purpose of report
To consider application 07/05184/FUL, submitted by Kingsford Estates. The
application is for: Conversion of water storage tank to a house

It is recommended that this application be GRANTED subject to the

conditions below.
 2

The Site and the Proposal

Site description

The site is approximately 2000 square metres in size. There is a redundant

water tank within the site which has a footprint of approximately 123 square
metres. The water tank is recessed into the ground whereby the rear of the
tank is approximately at the same level as the prevailing ground levels. The
front of the tank (western elevation) has been excavated to expose its full face
at approximately 3.2 metres in height. Prior to these recent excavations, the
front face of the water tank penetrated the surface by approximately 1.5 to 2
metres.

The site is bounded by stone walls, the east of which sits on the edge of a
quarry face of the Barnton Quarry. The quarry is now used as a Council Road
Depot. To the north there is woodland with a flat roofed building containing an
electricity sub station. To the south there is the woodland of Corstorphine Hill.
On the western side is the boundary with Clermiston Road North which has
railings and the remnants of stone gate piers. Across the road lies the urban
edge of housing facing the site.

The site lies within the Green Belt and its western edge is clearly defined by
the heel of the footway of Clermiston Road. To the west of Clermiston Road
lies the contrasting character of the urban area.

Site History

13.08.2004 an application for a Certificate of Lawfulness for an existing use

Storage and Distribution was granted on the following basis:-
The lawful use of the site for storage and distribution is limited to that for
which the existing structures and infrastructure were designed i.e. the storage
and distribution of water via underground pipes. Specifically it is a sui generis
use and not Class 6 of the Town and Country Planning (Use Class) (Scotland)
Order 1997. (04/03097/CLU)

The applicants considered that the Council had not determined their proposal
for a Certificate of Lawfulness for an Existing Use or Development for the
Existing Use or Development for the storage of water, falling within Class 6
Storage and Distribution of the Town and Country Planning (Use Class)
(Scotland) Order 1997 and appealed the decision. The appeal was dismissed
on 17.3.05

21.3. 05 an application for a Certificate of Lawfulness for class 4 Business

was refused following an appeal (04/03098/CLU).

19.12.2006 planning permission was refused for the conversion of and

extension to water storage tank to form a single house 06/04038/FUL. The
reasons for refusal were that the proposed use was a non conforming use
within the green belt. As the proposal involved adding two storeys onto the
 3

existing water tank and the construction of garage it was considered

detrimental to the landscape quality, the visual amenity of the area and the
openness of the green belt.

20.12.2006 planning permission was refused for the conversion of and

extension to water storage tank to form a nursery 06/04039/FUL. The reasons
for refusal were that the proposed use was a non conforming use within the
green belt. As the proposal involved adding two storeys onto the existing
water tank and the construction of parking areas it was considered detrimental
to the landscape quality, the visual amenity of the area and the openness of
the green belt.

History of Adjacent Site

23.12.2008 An application for alterations to the adjacent sub station including

a new roof and flanking walls to the transformer to provide acoustic
containment has been submitted (08/4325/FUL). This proposal is being
reported to Committee in parallel with this proposal.

Description of the Proposal

The proposal is to convert the former water tank into a house. This would be
achieved by removing the front wall of the tank which faces west onto
Clermiston Road North and has been mostly exposed by excavation at
present. The front wall would be mostly triple glazed mounted within timber
frames and there would be a render finish to the flank walls.

A gently curved roof would rise approximately 1.6 metres above the existing
tank height. This roof would be turfed and would merge into the existing
ground levels at either side. Two sets of roof lights would be located at the
highest point of the roof.

The house has been designed to have a low carbon index and will have a low
energy demand because of its partial burial within the ground and high
performance triple glazing on the west elevation. The mass of the structure
will provide thermal storage such that conventional heating may not be
required. Heat recovery ventilation units are proposed within a sealed building
envelope will provide ventilation and heat retention.

Two walls finished in stone would be constructed on either side of the front of
the house to retain existing ground levels. Access to the house would be via a
grass creted driveway leading from the original entrance to the site. The
original gate piers would be reinstated on either side of the entrance.

All existing trees within the site are to be protected during building operations
and will be retained. A badger corridor of a minimum of 1 metre width is
proposed along the rear eastern boundary wall to afford uninterrupted access
 4

through the site for badgers. The badger corridor would comprise a 1.8
vertical wooden slatted fence with a concrete base with a badger aperture in
the existing side boundary walls of the site to allow access through it.

Supporting Documents

The applicants have submitted a planning statement which provides a

description of the site and surrounding area, the planning history, a
description of the proposed development, material considerations and an
appraisal.

A design statement has been submitted which provides a site history an urban
context, planning history and design strategy. A badger survey is included
along with a mitigation strategy.

A site design and landscape report including a landscape and visual

assessment has been submitted. The report’s conclusion considers that the
proposal would strengthen rather than erode the landscape and green belt
context .

An environmental noise assessment has been submitted. This report has

been produced to assess the level of industrial and plant noise originating
form the neighbouring electricity sub station. The suggested mitigation
measures are to enclose the noise generating apparatus.

A tree survey report has been submitted which recommends remedial work,
produces a tree constraints plan and a tree protection plan.

A Bat survey has been carried out on the site.

These documents are available to view on the Planning and Building

Standards Portal.

Previous Scheme

The grasscrete access did not curve to avoid trees. No proposals existed to
protect the development from noise from the adjacent sub station. No habitat
surveys, tree surveys or protected species surveys were submitted.
 5

3 Officer’s Assessment and Recommendations

Determining Issues

Do the proposals comply with the development plan?

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

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

ASSESSMENT

To address these determining issues, the Committee needs to consider

whether:

a) The proposed use is acceptable in this Green Belt;

b) The proposals would be visually compatible with the character or

appearance of the GreenbeWArea of Great Landscape Value;

c) There would be any adverse effect on the Area of Nature Conservation

Interest;

d) There would be any adverse impact upon residential amenity or road

safety;

e) The proposal is sustainable;

a) There is a presumption against new housing development in the Green

Belt.

The Scottish Planning Policy (SSP21) states the key objectives of Green Belt
policy are:
- to direct planned growth to the most appropriate locations and support
regeneration
- to protect and enhance the character, landscape setting and identity of
towns and cities, and
- to protect and give access to open space within and around towns and cities,
as part of the wider structure of green space

The Edinburgh City Local Plan identifies the limited range of uses which will
be permitted within the Green Belt. New housing is not one of them and so the
proposal is contrary to that policy. However, it is appropriate to assess the
proposal’s impact on the Green Belt objectives to determine whether an
exception to policy is justified. The determining issue is whether there is any
 6

real harm created by this development in relation to the aims of the Green
Belt. The following paragraphs of this report conclude that whilst the proposal
is contrary to the development plan, the objectives of that plan are not
compromised on this occasion.

b) The footprint of the existing structure on the site i.e. the redundant water
tank, is not changing as the proposed house is to be built within it. There are
additional associated structures such as retaining walls on either side of the
building’s frontage. These are minor additions to the footprint of development
within this site. The same access point is proposed and the new grasscreted
driveway to the house is to be swung away from existing trees to minimise its
impact both visually and protect trees. Likewise, when viewed from the north,
east and south, the curved grass roof, once mature, will be of very little impact
and indeed be an improvement on the present bare concrete roof of the water
tank.

It is from the west that the biggest impact will be viewed but this is set well
back within the site. The frontage of the original wall and associated gate piers
and railings will remain but the proposed full two storey glazed and render
elevation will be visible behind. At present there is the front face of the
concrete water tank. Whilst this had originally been partly submerged in
grassed banking, it still had an element protruding out of the ground providing
a clue to the site’s former use as a water storage tank. Whilst more prominent
than the existing tank, the design of this elevation is high quality and adds
minimally to the mass of the existing structure.

The adjacent electricity sub station to the north is a more prominent feature on
the eastern side of Clermiston Road North. The ‘Earth House’ design is of
high quality and an inventive redevelopment of an existing structure. Being
mostly sunk into the landscape, it successfully minimises visual intrusion into
area.

The house cannot be judged alone as it is set within a site which is

currently vegetated with rough grass, scrub and trees. This is typical of the
natural habitat and landscape which exists on the larger area of Corstrophine
Hill. To avoid the urbanisation normally associated with a house and to
maintain the existing landscape, the applicants have submitted a landscaping
proposal which effectively does not add any non native species to the site and
allows only for minimal management to maintain the site’s continuing natural
regeneration. The management of the site’s existing vegetation will maintain
the existing habitats and visual appearance of the land around the house.

The house itself is proposed to have a curved grass roof, to be merged into
the landforms. The species of grass to be used on the roof is to be similar to
grasses which exist on the site. A condition removing the normal permitted
development rights of a house and requiring the future maintenance of the
landscaping is required to ensure that the natural appearance of the site is
maintained.
 7

A house on this site will generate more activity than the site’s present use as a
redundant water tank. The nature of the site will therefore change due to
human activity. During the day the impact will be less prominent. Night time
activity can be minimised by limiting the site to low level external illumination
and internal domestic illumination only.

This site is unique in its use, its location and relationship with other
surrounding land uses. Across the road to the west is suburban housing and
Clermiston Road North is not a quiet rural road. The site clearly lies within the
green belt and the area of great landscape value. The site is well defined by
its boundary walls and railings and sits adjacent to a large electricity sub
station.

Whilst not a conforming use within the green belt, given the quality of the
design and its minimal impact, the character and appearance of this part of
the green belt and area of great landscape value will not be adversely affected
by the proposal.

c) The area within which the site is located is known to have protected species
activity and surveys were carried out to determine whether the proposal would
adversely affect those species. With regard to badgers, SNH do not object to
the proposal providing mitigation measures are put in place. To that end a
badger run is proposed through the eastern end of the site which will provide
those mitigation measures. Similarly, whilst no Bats were found within the site,
features within it could provide roosting points. Conditions relating to
construction, lighting and pre emptive checking of potential roosting areas
prior to work commencing are required.

As stated above, the natural approach to the landscape management of the

site will ensure a continuity of habitats within the site in all areas apart from
the grasscreted driveway. This is a minimal intrusion which will not adversely
affect the natural environment to an unacceptable degree. The proposal will
not adversely affect the natural environment providing conditions relating to
implementation of agreed species protection measures.

d) The proposal is sufficiently distant from other residential properties to

preclude loss of privacy and no overshadowing outwith the site will occur. The
future amenity of the occupants of the house in terms of noise will be
protected by the proposed enclosure of the neighbouring sub station. The
enclosure of the neighbouring sub station is the subject of a separate
application. The implementation of the enclosure of the sub station proposal, if
acceptable, will be required prior to the occupation of the dwelling house.

As the substation lies outwith this application site a legal agreement is

required to ensure that noise levels from the sub station are reduced. A
condition is also required to ensure that the design of the house, including the
windows, are such that any noise associated with the neighbouring sub
station complies with acceptable levels appropriate for residential occupancy.
 8

e) The house utilises a significant amount of an existing structure in its

construction which is a sustainable starting point for a building. The half buried
nature and massive structure will by its nature provide a good level of thermal
storage and shelter. A low carbon design is being proposed and all these
factors will produce a house of very low energy demand.

The applicants have stated that if extra heating is considered to be required it

is intended to be from a ground source heat pump. As this type of heating
requires pipes being laid within the ground, a condition requiring details of
their location in relation to trees within the site is imposed. Similarly SUDS
proposals can have implications for tree root damage and this too is the
subject of a condition. The house will be an exemplar of sustainable building
subject to acceptable details relating to the location and scale of external pipe
work associated with ground source heat pumps and sustainable urban
drainage systems. The proposal is sustainable.

In conclusion, the proposals do not comply with the development plan in terms
of being a non conforming use within the Green Belt. However due to the
quality of the development and its minimal impact upon the openness of the
green belt at this location, an exception to Green Belt policy is considered
justified at this location. Residential amenity and natural heritage can be
protected and there is no adverse impact upon road safety. The design of the
house is sustainable.

It is recommended that Committee approves this application subject to

conditions on the protection of habitats, landscaping, residential amenity, tree
protection, landscape protection, materials, details of external services,
limiting lighting levels and the removal of permitted development rights. The
applicants are also required to enter into a suitable legal agreement to ensure
the implementation of works to the neighbouring sub station as per consent
number 08/04325/FUL or some other acceptable method of noise suppression
prior to the occupation of the house.
 9

.i
John Bury
I! $' 'Head of Planning
I McFarlane on 0131 529 3512
. ___ - -

1 --- Drum Brae/Gyle (NEW)

~

West Local Plan

1 Statutory Green Belt
~ Development Plan
I

Date registered 11 December 2007

Advice to Committee Members and Ward Councillors

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

If you require further information about this application you should contact the
following Principal Planner, Helen Martin on 0131 529 3517. Email:
helen.martin@edinburgh.gov.uk.

If this application is not identified on the agenda for presentation, and you wish to
request a presentation of this application at the Committee meeting, you must
contact Committee Services by 9.00a.m. on the Tuesday preceding the meeting on
extension 4229/4239.Alternatively,you may e-mail david.emerson@edinburgh.gov.uk
or henry.scullion@edinburgh.gov.uk
 10

Appendix A

* EDINBVRGH
THE CITY OF EDINBURGH COUNCIL

CITY DEVELOPMENT

Application Type Full Planning Application

Application Address: Land At Clermiston Road North
Edinburgh

Proposal: Conversion of water storage tank to a house

Reference No: 07/05184/FUL

Consultations, Representations and Planning Policy

Consultations

Culture and Leisure Archaeology Service

An archaeological impact assessment and site visit was undertaken in order to

examine and assess the possible archaeological implications of the above
application to convert water storage tank into a new house.

The site lies on the north-western slopes of Corstorphine Hill adjacent to the historic
Barnton Road Quarries. As such the site occurs within an area considered to be of
archaeological interest. However given scale of previous quarrying, development
and location the chances of any significant archaeological remains surviving on site
are in my opinion slight.

Accordingly it has been concluded that there are no known archaeological

constraints upon this particular planning application.

Transport Planning (Development Control)

No objections

Services for Communities (Environmental Assessment)

Environmental Health has concerns about the proposed development. The electrical
sub station at one boundary of the site emits a low audible hum and there is a City of
Edinburgh Council roads depot at the rear of the site. This depot is operational 24
hours for winter gritting operations and other activities throughout the year. The
development should be designed and constructed so that any noise associated with
the electrical substation complies with NR20 when measured within any nearby living
apartments with the windows open for adequate ventilation.
 11

Due to the potential adverse impacts outlined we would not consider supporting
granting of this application until a noise impact assessment has been made.

Scottish Natural Heritage

Proposal

This proposal for a dwelling house is located on the site of an old storage reservoir
on Corstorphine Hill which is designated as Green Belt, Local Nature Conservation
Site and Area of Great Landscape Value within the finalised Edinburgh City Local
Plan.

SNH Position

Scottish Natural Heritage object to this application. This objection may be removed
through conditions to provide adequate protection and mitigation for the badger
population in the area.

A permanently occupied badger sett is situated to the north end of the site, with one
of the sett entrances within the north eastern corner of the application site. A further
sett is located just south of the boundary. Badgers are known to move freely across
the site.

The proposal wishes to exclude badgers from the development site. A site meeting
was held some years ago between SNH, the developer and the Edinburgh and
Lothians Badger Group. A plan was drawn up to fence off a metre of land along the
rear (east) wall of the site and to create badger openings in both north and south
walls. This was to provide a protected corridor across the site, whilst excluding
badgers from the remainder of the land (as per the map submitted by the local
badger group as outlined in the planning statement. The Council should ensure that
these plans are adhered to in order to provide continued access for the badgers
through the site.

Landscaping is proposed for the north east corner of the site to provide screening for
the development. As this is the location of the badger sett, however, these plans will
have to be examined for their implications to the badgers and adequate mitigation
incorporated within the plans. The current landscape proposals are not adequate, as
they make no reference to the presence and implications of the sett. A landscaping
plan should be drawn up which gives full consideration to the presence of the badger
sett, including any required mitigation measures.

Construction of the development and any proposed landscaping are likely to be

within 30m of the sett and therefore a licence will be required for work to proceed at
this site. Badgers are protected under the Protection of Badgers Act 1992 and it is
an offence to harm or cause disturbance to badgers of their setts. Any operation
undertaken by a developer which disturbed or damaged a badger’s sett would
constitute an offence unless licensed. Licences are required for all works within 30m
of setts where there is the potential for disturbance to badgers or damage to setts.
 12

Points of access for machinery should also be considered and should avoid
disturbance of badger setts.

Additional Comments

SNH have been subsequently contacted about the submitted badger protection
measures which were drafted by the Edinburgh and Lothians Badger Group.
Providing a condition is imposed requiring the implementation of those protection
measures in consultation with SNH and the Edinburgh and Lothians Badger Group
then their initial objection to the proposal is removed.

Scottish Water

In terms of planning consent, Scottish Water will not object to this planning
application however please note that any planning approval granted by the Local
Authority does not guarantee a connection to our infrastructure until a satisfactory
solution is identified.

Marchbank Water Treatment Works currently has sufficient capacity to service this
proposed development.

Water Network - there may be issues within our Water Network that serves your
proposed development.

Ause PFI Edinburgh Waste Water Treatment Works currently has sufficient capacity
to service this proposed development.

Waste Water Network - there may be issues within our Waste Water Network that
serves your proposed development.

Scottish Water’s current minimum level of service for water pressure is 1.0 bar or
10m head in the public main. Any property which cannot be adequately serviced
using this pressure may require private pumping arrangements installed, subject to
compliance with the current water byelaws. If the developer wishes to enquire about
Scottish Water’s procedure for checking the water pressure in the area then they
must write to our Planning and Development Services at the above address.

Pentland Hills Regional Park

Regarding the planning application 07/05184/FUL conversion of Water Storage

tanks on Corstophine Hill LNR.

Clearly the location has not changed and the same concerns we expressed
previously, regarding the suitability of any development within this protected area.
However I am aware that the local plan and its policies are under review. This may of
course offer a different policy framework against which this application could be
assessed.

However regarding the current application we have the following comments

 13

1) The existing site is bounded by a stone wall and there would not appear to any
established access routes through the site.

2) Under its former use as an operational water tank, the entire site would have been
considered as ‘curtilage’ of a commercial / industrial installation and as such, access
rights under Part I Land Reform (Scotland) Act 2003 would not have applied.

3) Similarly, change of use to a residential dwelling would mean that the area within
the walled perimeter would be considered a reasonable ‘zone of privacy’ , and as
such access rights would not apply.

4) Even if access rights did previously apply to the site, the local authority can still
grant planning permission for appropriate development.

In conclusion, my view is that the proposed development would not be to the

detriment of existing access provision and would not be in conflict with access rights
under Part I Land Reform (Scotland) Act 2003.

Given the sensitivity of this site and in particular issues in relation to badgers it might
be expedient to allow the Lothian and Borders group to comment on the badger
report provided by the developers.

Services for Communities (Environmental Assessment)

Environmental Health has reviewed RMP acoustic report U4386N08 which details
the noise profile of the electrical sub station and the roads depot at the rear of the
site. RMP have undertaken noise measurements at the site and predicted that the
noise associated with the electrical substation would fail to comply with NR20 unless
6m high acoustic barrier is built. The report also suggests that the noise impact from
the road depot could generate complaints during night time operations but this could
be mitigated by the use of acoustic double glazing on the windows.

Discussions with the Planning Department have indicated that a 6m high stone
barrier may not be acceptable at this location. Environmental Health will not consider
supporting granting of this application unless appropriate mitigation measures can be
undertaken to control the noise from the sub station to below NR20.

Additional Comments

Environmental Assessment had concerns about the noise from the electrical sub
station at the site boundary. A RMP acoustic report U4386B/08 was undertaken and
this outlines the noise profile of the electrical sub station. The report concludes that
an acoustic enclosure can be built to cover the transformer to ensure that NR20
condition can be met at the proposed residential development. The report outlines
the requirement for the correct type of roofing and walls to be used and that natural
ventilation can be provided by acoustic trickle vents. Overall the sound reduction
level provided should be equal to or greater thanl9db at the 125Hz frequency band.
A legal agreement with Scottish Power has been reached to build an appropriate
acoustic enclosure over the sub station. This is dealt with in separate planning
 14

application (08/04325/FUL) which this department supports as it should provide the

correct acoustic protection. This department would recommend that the acoustic
enclosure is completed before the residential development is occupied.
Consequently this department will support the granting of this application subject to
the following conditions:

I ) The development shall be designed and constructed so that any noise associated
with the electrical substation complies with NR20 when measured within any nearby
living apartment with the windows open for adequate ventilation.

2) The residential development shall not be occupied until the acoustic enclosure
detailed in application 08/04325/FUL is completed, all to the satisfaction of the Head
of Planning.

Representations

The proposal was advertised on 21 .I1.2007 and two letters of objection have been
received.

Material points addressed in assessment a)

- the existing use of the site is established as a water storage tank

Material points addressed in assessment b)

- out of character with the area

- adverse impact upon the natural environment and protected species
- increase in traffic congestion
Material points addressed in assessment c)

- noise and dust nuisance

- loss of privacy

Full copies of the representations made in respect of this application are

available in Group Rooms or can be requested for viewing at the Main
Reception, City Chambers, High Street.

Planning Policy

North West Edinburgh Local Plan

The proposal lies within the Edinburgh Green Belt where the existing rural character
and amenities are to be protected and there is a presumption against new
development. The site is also identified as an Area of Great Landscape Value and as
an Area of Nature Conservation Interest.

Finalised Edinburgh City Local Plan

 15

The proposal lies within the Edinburgh Green belt. The site is also identified as being
within an Area of Great Landscape Value and a Local Nature Conservation Site.

An objection to the Finalised Edinburgh City Local Plan seeks the removal of this site
from the Green Belt, Nature Conservation Site and Area of Great Landscape Value.
The Council has not accepted that objection. The Report of Inquiry is expected in
Summer 2009.

Other relevant Policy Guidance

SPP21 Green Belts

Makes a strong presumption against inappropriate development in the green belt.

Relevant Policies:

Relevant policies of the Edinburgh and Lothians Structure Plan

Policy HOU8 presumes against new housing on greenfield sites other than to meet

Policy HOUI and HOU3 requirements.

Policy ENVID states that local plans should include policies for protecting and
enhancing Regional and Local Natural Built Environment Interests.

Policy ENV2 presumes against development in the Green Belt unless necessary for
the purpose of agriculture, forestry, countryside recreation or other uses appropriate
to the rural character of the area

Relevant policies of the North West Edinburgh Local Plan.

Policy H I supports the development of identified housing sites (HSG 1 - HSG 13)
and will encourage the development for housing of other suitable sites within the
urban area provided proposals are in accordance with other local plan
considerations, including the need to protect amenity and safeguard land of
recreational and landscape significance.

Policy H3 requires all new housing development to make provision for landscaping
and open space in conformity with the Council's standards.
Policy H4 requires new development to be sympathetic in scale and density with its
surroundings. In conservation areas and defined "areas of interest" in particular,
special care is required to protect local character and amenity.

Policy T4 states that adequate provision for car parking must be made by developers
in all new development in conformity with the Council's adopted standards.
Policy E5 states that new buildings, in terms of design, materials and landscaping,
should make a positive contribution to the overall quality of the environment and
regard should be had to their setting and neighbouring development.
 16

Policy E9 states that planning permission will not be given for new development or
redevelopment in the Green Belt for purposes other than agriculture, forestry,
outdoor recreation or other uses appropriate only to a rural area, except where it can
be shown to be necessary and no suitable location exists.

Policy E10 states that within the designated Area of Great Landscape Value, the
retention of landscape quality will be the overriding consideration in dealing with
development proposals.

Policy E l 1(a) states that areas of high nature conservation value are to be protected
from damaging development, and that the impact of development proposals on
wildlife habitat will be taken into consideration.

Relevant policies of the Finalised Edinburgh City Local Plan.

Policy Des 1 (Design Quality and Context) sets general criteria for assessing design
quality and requires an overall design concept to be demonstrated.

Policy Des 3 (Development Design) sets criteria for assessing development design.

Policy Env 9 (Green Belt) identifies the types of development that will be permitted in
the Green Belt.

Policy Env 10 (Landscape Quality) establishes a presumption against development

which would adversely affect important landscapes and landscape features.

Policy Env 11 (Trees) sets out tree protection requirements for new development.

Policy Env 14 (Sites of Local Importance) identifies the circumstances in which

development likely to affect Sites of Local importance will be permitted.

Policy Env 15 (Species) sets out species protection requirements for new
development.

Policy Tra 3 (Private Car Parking) requires private car parking provision to comply
with the parking levels set out in supplementary planning guidance, and sets criteria
for assessing lower provision.

Relevant Non-Statutory Guidelines

Non-statutory guidelines 'DAYLIGHTING, PRIVACY AND SUNLIGHT' set criteria

for assessing proposals in relation to these issues.

Non-statutory guidelines DEVELOPMENT IN THECOUNTRYSIDE AND GREEN

BELT, provide guidance on development in the Green Belt and Countryside in
support of relevant local plan policies.
Non-statutory guidelines on 'TREE PROTECTION' supplement local plan green
environment policies, and support the retention of healthy trees of landscape or
amenity significance, encourage new tree planting wherever appropriate within new
development and promote a substantial renewal of the city's woodland resource.
 17

Non-statutory guidelines on 'QUALITY OF LANDSCAPES IN DEVELOPMENT'

sets detailed design principles for hard and soft landscaping, including the retention
of existing features, and relates these principles to different types of development.
 18

Appendix B

+EDINBVRGH*
THE CITY OF E D I N B U R G H COUNClL

CITY DEVELOPMENT

Application Type Full Planning Application

Application Address: Land At Clermiston Road North
Edinburgh

Proposal: Conversion of water storage tank to a house

Reference No: 07/05184/FUL

Conditions/Reasons associated with the Recommendation

Recommendation

It is recommended that this application be GRANTED

Conditions

1. The development hereby permitted shall be commenced no later than

five years from the date of this consent.

2. Prior to the commencement of the development, the developer shall

contact Scottish Natural Heritage with a view to obtaining a licence to
carry out works within the vicinity of the site. No work shall be
undertaken on this site until that licence has been obtained.

3. N development shall take place until the developer has following

discussions with Scottish Natural Heritage and the Edinburgh and
Lothians Badger Group, submited detailed proposals to allow badger
activity to continue to occur within and through the site with minimum
disturbance. Those details shall be based upon a previously submitted
sketch produced by the Edinburgh and Lothians Badger Group and
shall include a fenced badger corridor, one way badger gates, holes in
boundary walls, and landscaping. No work shall commence on site until
these details have been approved in writing by the Head of Planning
and shall be fully implemented prior to work commencing on site and
thereafter maintained.

4. That prior to and during the construction of the development hereby

permitted, the recommendations of the submitted Bat Survey Report
dated August 2008 by Technical and Safety Services shall be fully
implemented. For the avoidance of doubt the following measures are
required:-
 19

1. Light levels on the site should not be increased by the use of

floodlighting during construction between sunset and sunrise or by
permanent external lighting illuminating the tree canopy
2. If work is necessary on any of the mature trees on the site it should
be undertaken in a cautious manner with a licensed bat worker present
to ensure the welfare of any bats found
3. If work is necessary on the boundary wall of the site, checks should
be made by a licensed bat worker for the presence of bats in cavities
before work commences.

5. Notwithstanding the submission of the Tree Survey Report dated

November 2007 by Eamonn Wall & Co., no development shall take
place on this site until the following details shall be submitted to the
Head of Planning for approval in writing:-

- Detailed proposals for site works including Road Construction

Consent, site compounds, storage areas and underground services to
be checked for disturbance to trees before submitting to the relevant
authorities.
- Fully detailed proposals for work to manage or remove trees, planting
to mitigate losses and to protect remaining trees
- Confirmation of the consultant appointed to administer the
requirements of BS 5837: 2005: ‘Code of Practice for Trees in Relation
to Construction’.
- Details of measures to protect trees that are to remain during
construction in accordance with BS 5837: 2005: ‘Recommendation for
Trees in Relation to Construction’.

The proposals for protecting woodland and trees are to be

implemented before any other work is carried out on site and thereafter
maintained during the construction period.

6. Prior to the commencement of the development a fully detailed

landscape plan for the site, including the grass roof of the house and
boundary treatments, shall be submitted to and approved in writing by
the Head of Planning. The landscape plan shall include details of
surfacing and will include measures to protect, maintain and enhance
the existing natural vegetation and trees on the site. The landscape
plan shall also include measures to protect and enhance the habitats of
protected species. The approved landscape plan shall be implemented
and thereafter maintained and unaltered unless otherwise agreed in
writing by the Head of Planning.

7. A detailed specification, including trade names where appropriate, of all

the proposed external materials shall be submitted to and approved in
writing by the Head of Planning before work is commenced on site;
Note: samples of the materials may be required.
 20

8. That notwithstanding the provisions of the Town and Country Planning

(General Permitted Development) (Scotland) Order 1992 no
development shall take place within the curtilage of the application site,
other than that expressly authorised by this permission.

9. Prior to the commencement of the development details of any external

lighting within the site shall be submitted to and approved in writing by
the Head of Planning. Any approved lighting proposals shall not
thereafter altered without the written consent of the Head of Planning.

IO. The development shall be designed and constructed so that any noise
associated with the electrical substation complies with NR20 when
measured within any nearby living apartment with the windows open
for adequate venti Iation.

11. Notwithstanding the requirement to provide details of underground

services under the terms of condition 5 above, details of the type and
locations of external services associated with any ground source heat
pumps and the type and location of water storage and drainage
systems shall be agreed in writing by the Head of Planning before work
on their installation commences.

Reasons

In order to accord with the statutory requirements of the Town and

Country Planning (Scotland) Acts.

2. To accord with Protection of Badgers Act 1992

3. To ensure that protected species are not adversely'affected by the

development and its future occupation.

4. To ensure that protected species are not adversely affected by the

development

5. In the interests of protecting trees on the site

6. In the interests of maintaining the landscape character of the area and

protecting habitats.

7. In order to enable the Head of Planning & Strategy to consider

thiskhese matterk in detail.

8. To retain the quality of the development.

9. In the interests of the visual amenity of the site

IO. In the interests of residential amenity.

 21

11. In the interests of protecting trees on the site.

IN FORMATIVES

It should be noted that:

1. 1. Prior to the issuing of consent, an agreement under Section 75 of

the Town and Country Planning (Scotland) Act 1997 will be concluded
between the applicant and the Council will secure:
a) To ensure the implementation of works to the neighbouring sub
station as per consent number 08/04325/FUL or some other
acceptable method of noise suppression prior to the occupation of the
house.

End
 22

Appendix C

*EDINBVRGH*
T H E C I T Y OF E D I N B U R G H C O U N C I L

C I T Y DEVELOPMENT

Application Type Full Planning Application

Proposal: Conversion of water storage tank to a house
Reference No: 07/05184/FUL

Location Plan
Reproduction from the Ordnance Survey mapping with permission of the Controller of Her Majesty’s Stationery Office 0 Crown
Copyright.
Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Licence Number
100023420 The City of Edinburgh Council 2005.
 1

+€DINBVRGH*
THE CITY OF EDINBURGH COUNCIL
Item no
Report no

Full Planning Application 081043251FUL

at
Substation Adjacent To
Clermiston Road North
Edinburgh

Development Management Sub-Committee

of the Planning Committee

1 Purpose of report
To consider application 08/04325/FUL, submitted by Mr Watts. The
application is for: Alterations to substation including new roof and
flanking walls to transformer to provide acoustic containment

It is recommended that this application be GRANTED subject to the

conditions below.

2 The Site and the Proposal

Site description

The site is a large electricity sub station located on the eastern side of
Clermiston Road North to the south of its junction with Queensferry Road. The
site is surrounded by the woodland of Corstorphine Hill on the north and
eastern sides, with the Council’s Roads depot in a quarry beyond. Residential
 2

properties lie across the road to the west. To the south there is a redundant
water tank.
The site is in the Green Belt.

Site History

No recent history for this site but to the south a planning application to convert
a former water tank to a house has been submitted (07/05184/FUL).

Description of the Proposal

The proposal is to enclose an existing transformer within a building. The

existing walls would be increased in height by approximately 0.8 metres in
render to match the existing. A shallow pitched powder coated aluminium roof
would be constructed over the extended walls. Acoustic high level louvre
vents would be included on the north west elevation.
The submission of the application has been prompted by the need to reduce
noise levels emanating from the sub station in relation to the proposal for a
house to the south.

3 Officer’s Assessment and Recommendations

Determininn Issues

Do the proposals comply with the development plan?

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

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

ASSESSMENT

To address these determining issues, the Committee needs to consider

whet her:

a) whether the principle of the development is acceptable

b) whether the design and scale of the proposal is acceptable in this area of
green belt and area of great landscape value or adversely affects the natural
environment

c) whether the proposal adversely affects residential amenity

 3

a) The site is a non conforming use within the green belt. The proposal does
not alter this position.

b) The increase in height of the existing structure is small in relation to the

scale of the existing sub station. The height does not rise above the highest
point of the building and equipment. The design complements the design of
the existing building. The design of the proposal is acceptable and the scale of
the proposal will not adversely affect the openness and appearance of the
green belt or adversely affect the area of great landscape value. The proposal
does not alter the site's current impact upon the natural environment apart
from reducing noise levels emanating from the transformer.

c) The proposal will not create any unacceptable overshadowing and current
noise levels will be reduced. Residential amenity will be protected.

In conclusion, the proposal not intensify the existing non conforming use
within the green belt. The scale of the development does not adversely affect
the character and appearance of the green belt nor adversely affect the area
of great landscape value. Residential amenity is protected. There are no other
material considerations which outweigh this conclusion.

It is recommended the Committee approves this application.

John Bury
Head of Planning
________
Contacthe1 David McFarlane on 0131 529 3512
___~______
A03 - Drum Brae/Gyle (NEW)
- __-

I Local Plan North West Edinburgh Local Plan

- _________-
Statutory Green Belt
Development Plan
Provision
Date registered 23 December 2008

Drawing numbers/
Scheme
 4

Advice to Committee Members and Ward Councillors

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

If you require further information about this application you should contact the
following Principal Planner, Helen Martin on 0131 529 3517. Email:
helen.martin@edinburgh.gov.uk.

If this application is not identified on the agenda for presentation, and you wish to
request a presentation of this application at the Committee meeting, you must
contact Committee Services by 9.00a.m. on the Tuesday preceding the meeting on
extension 4229/4239.Alternatively,you may e-mail david.emerson@edinburgh.gov.uk
or henry.scullion@edinburgh.gov.uk
 5

Appendix A

+EDINBVRGH
THE CITY OF EDINBURGH COUNCIL
+

CITY DEVELOPMENT

Application Type Full Planning Application

Application Address: Substation Adjacent To
Clermiston Road North
Edinburgh

Proposal: Alterations to substation including new roof and flanking walls to

transformer to provide acoustic containment
Reference N0 : 08/04325/FUL

Consultations, Representations and Planning Policy

Consultations

Services for Communities (Environmental Assessment)

Environmental Health has no objections to this proposed development.

West Lothian Council

West Lothian Council has no comments to make on this application

Representations

The proposal was advertised on 09.01.2009 and no representations have been

received.

Full copies of the representations made in respect of this application are

available in Group Rooms or can be requested for viewing at the Main
Reception, City Chambers, High Street.
 6

Planning Policy

North West Edinburgh Local Plan

The proposal lies within an area allocated as Green Belt where the existing rural
character and amenities are to be protected and there is a general presumption
against new development. The site is also identified as an Area of Great Landscape
Value and as an Area of Nature Conservation Interest.

Finalised Edinburgh City Local Plan

The proposal lies within an area allocated as Greenbelt. The site is also identified as
being an Area of Great Landscape Value and a Local Nature Conservation Site.

Relevant Policies:

Relevant policies of the North West Edinburgh Local Plan.

Policy E5 states that new buildings, in terms of design, materials and landscaping,
should make a positive contribution to the overall quality of the environment and
regard should be had to their setting and neighbouring development.

Policy E9 states that planning permission will not be given for new development or
redevelopment in the Green Belt for purposes other than agriculture, forestry,
outdoor recreation or other uses appropriate only to a rural area, except where it can
be shown to be necessary and no suitable location exists.

Policy E10 states that within the designated Area of Great Landscape Value, the
retention of landscape quality will be the overriding consideration in dealing with
development proposals.

Policy E l l(a) states that areas of high nature conservation value are to be protected
from damaging development, and that the impact of development proposals on
wildlife habitat will be taken into consideration.
 7

Relevant policies of the Finalised Edinburgh City Local Plan.

Policy Des 1 (Design Quality and Context) sets general criteria for assessing design
quality and requires an overall design concept to be demonstrated.

Policy Des 3 (Development Design) sets criteria for assessing development design.

Policy Env 9 (Green Belt) identifies the types of development that will be permitted in
the Green Belt.

Policy Env 10 (Landscape Quality) establishes a presumption against development

which would adversely affect important landscapes and landscape features.

Policy Env 14 (Sites of Local Importance) identifies the circumstances in which

development likely to affect Sites of Local Importance will be permitted.

Relevant Non-Statutory Guidelines

Non-statutory guidelines DEVELOPMENT IN THECOUNTRYSIDE AND GREEN

BELT, provide guidance on development in the Green Belt and Countryside in
support of relevant local plan policies.

Non-statutory guidelines 'DAYLIGHTING, PRIVACY AND SUNLIGHT' set criteria

for assessing proposals in relation to these issues.
 8

Appendix B

-GDfNBVRGH
THE CITY O F EDINBURGH COUNCIL
+

CITY DEVELOPMENT

Application Type Full Planning Application

Application Address: Substation Adjacent To
Clermiston Road North
Edinburgh

Proposal: Alterations to substation including new roof and flanking walls to

transformer to provide acoustic containment
Reference N0 : 08/04325/FUL

Conditions/Reasons associated with the Recommendation

Recommendatio n

It is recommended that this application be GRANTED

Conditions

1. The development hereby permitted shall be commenced no later than

five years from the date of this consent.

Reasons

1. In order to accord with the statutory requirements of the Town and

Country Planning (Scotland) Acts.

End
 9

Appendix C

*€DINBVRGH
THE C I T Y O F E D I N B U R G H C O U l l C l L

CITY DEVELOPMENT

Application Type Full Planning Application

Proposal: Alterations to substation including new roof and flanking walls to
transformer to provide acoustic containment
Reference No: 08/04325/FUL

Location Plan
Reproduction from the Ordnance Survey mapping with permission of the Controller of Her Majesty's Stationery Office 0Crown
Copyright.
Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Licence Number
100023420 The City of Edinburgh Council 2005.