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8 Crcwn CopyigM all rigMs reserved Dumfries & Galloway Council LA lO0013348 2004

COMMITTEE REPORT ANNANDALE 8, ESKDALE AREA COMMITTEE

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2'Ts Dumfries mi

Steve Rogers - Operations Manager Planning Services Kirkbank, English Street, Dumfries, DGI 2HS Telephone (01387) 260199 - Direct Dial Fax (01387) 260188

& Galloway RENEWAL OF PERMISSION GRANTED UNDER 05/P/40623 FOR CREATION OF A LORRY PARK, INDUSTRIAL AND WAREHOUSE PARK, FORMATION OF OFFICE CAFE AND DRIVERS FACILITY BLOCK USING EXISTING AGRICULTURAL BUILDING AND FORMATION OF ACCESS FROM B7076 AT HANGINGSHAW FARM, JOHNSTONEBRIDGE, LOCKERBIE

Application Type: Planning Permission in Principle

Applicant: C & B Properties Ref. No.: 091P1410158

Ward - Annandale North

Hierarchy Type (if applicable) - Local

Case Officer - Michael Anderson

Recommendation by the Operations Manager Planning Services - Approve subject to conditions.

I BACKGROUND

1 .I This report has been prepared for Member consideration in accordance with the provisions of the decision of the Planning Housing and Environment Services Committee of 9 October 2007 on Committee Lists to streamline the procedures for dealing with planning applications. On 18 March 201 0 the Annandale & Eskdale Area Committee Members were sent this report advising them that it would be approved subject to conditions unless a request was received from one or more of them by 0900 hours on 26 March 2010. Councillor Roger Grant requested by email on 22 March 2010 that the application be deferred for consideration by an Area Committee meeting on the following g ro u n d s : -

1 .I .I Potential public road safety interest and therefore it would be in the public interest to have the application determined by the Committee.

1.2 Hangingshaw farm is located approximately 8km north of Lockerbie between the U364 Old Carlisle Road and the West Coast Mainline. The farm buildings are currently accessed from the U364. The application site includes the farmhouse and farm buildings as well as approximately 19 hectares of agricultural land to the north and south of these buildings. The Dinwoodie Lodge hotel is located approximately 200 metres to the north of the application site and a group of houses (Dinwoodie Small Building Group) is located approximately 600 metres to the north. The site abuts Hangingshaw Cottages and Bungalow to the west.

1.3 The site has a gentle slope towards the railway line from the U364. A line of mature trees forms the boundary of the site with the U364. The farm buildings are a mix of traditional steadings and larger modern sheds.

1.4 The application is for renewal of outline planning permission to form a lorry park on approximately 3 hectares of the site, with the remainder of the land being used as an

industrial and warehouse park, being formed to the north and south of the lorry park. A direct vehicular access from the B7076 All-Purpose Route (APR) was also approved. The application was granted on 27/04/2006 and the current renewal application was submitted on 24/04/2009. The application was therefore submitted within the timescale to be treated as a renewal.

1.5 A number of planning applications have been approved since the grant of the original outline planning approval. Planning permission was granted on 28 September 2006 (06/P/4/0281) for the construction of access from 97076 to serve proposed lorry park and industrial warehouse park. This permission has been implemented. Planning permission was also granted on 13 October 2006 (06/P/4/0426) for the alterations and change of use of agricultural building to form driver facilities/accommodation; engineering operations to form hardstanding for lorry park and installation of foul and surface drainage schemes. This permission has been implemented. Planning permission was granted on 17 April 2006 (07/P/4/0126) for the formation of a licensed bar. Planning permission was granted on 31 July 2007 (07/P/4/0300) for the formation of a licensed bar area without compliance with condition 2 of planning permission ref. 07/P/4/0126 restricting use of the bar area for patrons of the lorry park only.

1.6 Planning permission was granted on 5 March 2008 (07/P/4/0582) for the erection of a shed and formation of yard for timber processing and formation of access from public road (partially retrospective). This site falls within the area forming part of the original outline planning permission. This has now been implemented in full.

1.7 Planning permission has been granted for part of the existing Steading to be converted to form 2 dwellings (09/P/4/241) (previously refused under reference 09/P/4/076) and the existing farmhouse has been granted planning permission to be subdivided into two dwellings (08/P/4/440). The later permission has been implemented.

1.8 A separate planning application is under consideration for the formation of a new roundabout (09/P/4/0359) towards the south of the current application site and is considered elsewhere in this agenda.

1.9 In accordance with Class 10 (a) Schedule 2 of the Environmental Impact Assessment Regulations a screening opinion has been undertaken on behalf of the Council. The applicant has been informed that an EIA was not required to support the application.

2 CONSULTATIONS

2.1 Principal Roads Services Officer - As per consultation reply to 05/P/40623. Confirmation is required that confirmation from the applicant/agent that the required 9m/215m visibility areas can be obtained on land within the applicants control.

2.2 Scottish Natural Heritage - No comments.

2.3 Scottish Water - No objection.

2.4 Environmental Standards - No objection.

2.5 Scottish Environment Protection Agency - No objections subject to conditions.

3 REPRESENTATIONS

3. I Objection: Mrs M R Miller, Old Toll Bar Cottage, Dinwoodie, Lockerbie

3.1 follows:-

One letter of objection has been received and the comments are summarised as

a) b) Works without planning permission; c) Noise; d)

Impact upon Toll bar Cottage (which is listed);

Impact of heavy goods vehicles.

3.2 A number of matters are raised in respect of harassment, public nuisance and litter which are not considered to be material planning considerations.

4 REPORT

Relevant develop men t plan policies : -

Dumfries & Galloway Structure Plan D7 - Employment Creation D9 - Large Scale Industrial Development D11 - Large Distribution & Warehousing Development SI8 - Roadside Facilities E12 - Development Affecting Archaeological

Annandale & Eskdale Local Plan GPI - Development Principle GP2 - Development Considerations GP7 - Siting & Design GP12 - Potentially Polluting Development GP23 - Business & Industrial Development on GP62 - Freight Transport GP68 - Roadside Services GP69 - Provision of Lorry Parks

4.1 The planning application was submitted and validated within time and therefore can be appropriately treated as a renewal of planning permission 05/P/4/0623 which was granted on 27 April 2006.

4.2 The principal for development has previously been accepted by the grant of outline planning permission. As a renewal of this earlier permission, the assessment is whether there has been any material change in circumstances since this time.

4.3 In respect of the Development Plan the Annandale and Eskdale Local Plan has now been adopted however the relevant policies identified are not different. The Dumfries and Galloway Structure Plan (adopted 1999) remains the same and therefore it is not considered that there has been any material change in planning policy.

4.4 As set out earlier in the report there have been a number of full planning permissions granted for the lorry park, timber yard and new access. Whilst these are located within the original application site and have been implemented, these are full planning permissions, granted separately and therefore the outline consent has yet to be implemented; albeit development has taken place and this is therefore a material consideration. These developments would not preclude the implementation of the original permission and as such it is considered that there has not been a material change in circumstances.

4.5 The representations section refers to several areas of objection. These matters were fully considered in the original application and again it is considered that there has been no material change in circumstances. A condition was previously attached in respect of noise levels and for an assessment to be undertaken at the reserved matters stage. It is considered that this is sufficient to control the proposed use. Planning permission has been granted for conversion of a number of the outbuildings at Hangingshaw Farm, however the suggested approval and use of condition to assess noise impact is similarly considered sufficient to deal with this aspect. For information a copy of the previous report to Area Committee is attached at Appendix 1.

4.6 In respect of access, the existing access into the site serving the lorry park has already been upgraded and therefore Condition 13 is no longer considered necessary. Condition 14 states that any development in excess of 500m2 in gross floor area shall be brought into use unless the junction with the B7076 has been upgraded. Due to difficulty in acquiring the necessary land to implement the access upgrade, discussions have taken place with the Roads Authority in order to secure a safe access arrangement to the site. A separate planning application for a mini-roundabout has been submitted (09/P/4/0359) and is considered acceptable, as per the recommendation circulated separately. Accordingly, it is recommended that Condition 14 be amended to reflect the roundabout approved by virtue of 09/P/4/0359.

4.7 A screening opinion has been undertaken in respect of the proposal and concluded that an EIA is not required as it will not result in 'significant' impact.

4.8 As there has not been a material change in circumstances since the previous grant of planning permission the application is recommended for approval.

5 RECOMMENDATION

5.1 Approve subject to the following conditions:-

1. a) That this planning permission in principle will expire three years from the date of this permission unless further application(s) for all of the matters specified in conditions below have been submitted to the planning authority within that time period;

b) principle must be commenced within three years of the date of this permission, or within two years of the final approval of matters specified in the conditions below (whichever is later of these two dates).

That development in accordance with this planning permission in

2. That no development in respect of this planning permission shall take place unless further application(s), accompanied by plans showing all the reserved matters set out in Conditions 3 to 6 below, have been submitted to and approved by the Council as planning authority.

3. Layout : This shall include contours and cross-sections of the site showing a datum point, the position, width and levels of all roads, footpaths and car parking; details of foul and surface water drainage; the siting and final floor levels of all buildings; and any proposed phasing develop men t .

4. Design : This shall include plans, sections and elevations of all buildings and any other structures.

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External Appearance : This shall include a specification of the colour and type of all materials to be used on walls, roofs windows, doors, rainwater goods and any other external finishes to the building.

Landscaping : This shall show the treatment of land (other than buildings) forming part of the site, including planting of new trees and shrubs, grassed areas, hedges, retained trees and other retained vegetation, details of level changes, hard surfacing, erection of walls, fences or other means of enclosure, formation of banks, terraces or other earthworks and the layout of gardens, courts and other amenity features designed to provide a landscape setting for the development.

That no development in respect of this planning permission shall take place unless a noise impact assessment has been submitted with the further application(s) required by Condition 2 above and has been approved by the Council as planning authority. Should more than one reserved matters application be submitted, a noise impact assessment shall be submitted with each application, taking account of the cumulative impact of any preceding approved development within the site.

That no development in respect of this planning permission shall take place unless a scheme of noise mitigation measures as may be required by a noise impact assessment, has been submitted to and approved in writing by the planning authority. The development hereby granted planning permission shall not be brought into use unless such scheme as may be so approved has been implemented in full.

That no development in respect of this planning permission shall take place unless a scheme detailing new tree and shrub planting has been submitted to and approved in writing by the Council as planning authority and has been fully implemented on site. The scheme shall be plotted on an accurate plan of the site, to a recognised metric scale, and shall detail the number and species of trees and shrubs to be planted, locations, planting density, nursery stock sizes at time of planting, and initial maintenance to aid establishment.

That no trees within the application site shall be felled, topped, lopped or uprooted during the lifetime of the development unless the planning authority has given prior written approval for such operations.

That no development in respect of this planning permission shall take place unless details of the proposed external lighting to be installed within the application site have been submitted to and approved in writing by the planning authority. Such lighting shall be of a cowled or cut-off design so as to ensure that there is no light spillage above the horizontal and shall be sited so as not to be directed towards any adjacent residential properties or so as to dazzle drivers on any public road. The development hereby granted planning permission shall not be brought into use unless all such external lighting has been installed in full accordance with such details as may be so approved.

That no development in respect of this planning permission shall take place unless the developer has secured the implementation of a programme of archaeological work or management in accordance with a written scheme of investigation which has been submitted to and approved

in writing by the planning authority (in consultation with the Council Archaeologist). The first stage of this will require the submission of results of an archaeological field evaluation in support of any application for reserved matters. In addition, the developer shall afford access at all reasonable times to the Council Archaeologist or a nominated representative and shall allow them to observe work in progress.

13. That no development in excess of 500m2 in gross floor area shall be brought into use unless the proposed mini-roundabout as approved under planning reference 09/P/4/0359 has been constructed in accordance with the approved detail.

14. That no development in respect of this planning permission shall take place unless details of the precise method for the stopping up of the U364a on each side of the proposed access has been submitted to and approved in writing with the planning authority (in consultation with the Group Manager Local Services). The development hereby granted planning permission shall not be brought into use unless the road has been stopped up in completed accordance with such details as may be so approved.

15. That the development hereby granted planning permission shall not be brought into use unless visibility areas have been provided on both sides of the access between the public carriageway edge and the line joining two points defined as follows:-

a) measured 9 metres back along the centre line of the proposed access road from the nearer edge of the main carriageway; and

b) measured 215 metres from the centre line of the proposed access along the nearer edge of the carriageway of the B7076 public road.

16. That the development hereby granted planning permission shall not be brought into use unless everything exceeding 1 metre in height has been removed from the visibility areas referred to in Condition 15 above. Thereafter, nothing exceeding 1 metre in height (as measured from the adjoining carriageway level) shall be grown, placed or erected within the said visibility areas.

17. That any proposed access gates shall be not less than 60 metres behind the public road carriageway and shall open into the site only.

18. That no vehicular access shall be permitted to or from the U364a to the development site.

Appendix 1 3.1

C O U N C I L

David Bell - Operations Manager Development Control Kirkbank, English Street, Dumfries, DGI 2HS Telephone (01387) 260199 - Direct Dial Fax (01387) 260188

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OUTLINE PLANNING APPLICATION FOR CREATION OF A LORRY PARK, INDUSTRIAL AND WAREHOUSE PARK, FORMATION OF OFFICE, CAFE AND DRIVER’S FACILITY BLOCK USING EXISTING AGRICULTURAL BUILDING AND FORMATION OF ACCESS FROM 67076 AT HANGINGSHAW FARM, LOCKERBIE

APPLICANT: C & B PROPERTIES REF. NO.: 05lP140623

1 BACKGROUND

1.1 Hangingshaw Farm is located approximately 8km north of Lockerbie between the U364 Old Carlisle Road and the West Coast Mainline. The farm buildings are currently accessed from the U364. The application site includes the farmhouse and farm buildings as well as approximately 19 hectares of agricultural land to the north and south of these buildings. The Dinwoodie Lodge Hotel is located approximately 200 metres to the north of the application site and a group of houses (Dinwoodie Small Building Group) is located approximately 600 metres to the north. The site boundary abuts Hangingshaw Cottages and Bungalow immediately to the west.

1.2 The site has a gentle slope up towards the railway line from the U364. A line of mature trees forms the boundary of the site with the U364. The farm buildings are a mix of traditional steadings and larger modern sheds.

1.3 The application is for outline planning permission to form a lorry park on approximately 3 hectares of the site, with the remaining of the land being used as an industrial and warehouse park. It s proposed to split the application site into three weas with the industrial and warehouse park being ’ormed to the north and south of the lorry park. A jirect vehicular access from the 87076 APR is also x-oposed.

I .4 The proposed lorry park would effectively be noving the existing operation at Goods Station ?oad, Lockerbie to the proposed site. No detailed irawings have been provided of the proposal other han the site boundary at this stage. However, the )roposal also includes the formation of an office,

cafe and driver’s facility block using the existing agricultural buildings. It is understood that the first phase of the proposal to be implemented would be the proposed lorry park due to the need to re-locate if Tesco are granted planning permission for a store at the existing site within Lockerbie.

1.5 Again, no detailed drawings are given of the proposed industrial and warehouse park other than the proposed site boundary,

2 CONSULTATIONS

2.1 Group Manager Local Services - No objections subject to conditions. Comments as follows:-

A Traffic Statement gives details of the traffic likely to be generated by the proposal, from its initial operation up to the full development of the site. The level of traffic generated by the proposal is then considered in conjunction with the traffic flows on the 87076, to. determine the type of access required.

The submitted Traffic Statement indicates that initially a simple ‘T’ junction is sufficient but would require upgrading to a ‘T’ layout with ghost island turn when the predicted traffic generated by the lorry park is combined with the traffic generated by an industrial /warehouse development in excess of 5000m2.

The applicants have indicated that they are prepared to provide the ‘T’ junction with ghost island right turn lane from the outset rather than upgrading the junction when the industrial I warehouse development exceeds 5000m2.

COMMITTEE REPORT ANNANDALE & ESKDALE AREA COMMITTEE 24 APRIL 2006

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No access to the proposed development will be permitted other than that from the 67076, which will require the appropriate stopping up of the U364 on each side of the proposed access.

The applicant should also provide, at their expense and to the satisfaction and specification of the Group Manager Local Services, all appropriate signing, lighting, surface water drainage, turning areas and all associated works resulting from any stopping up orders, as may be required.

2.2 Environmental Health - Require the submission of a noise impact assessment at reserved matters stage.

2.3

2.4 Scottish Environment Protection Agency - The main issues for SEPA are:-

Scottish Water - No objections.

* Surface water drainage from the lorry

0 Vehicle washbay effluent 0 Sewage treatment system for the proposed

parking area

cafe

As detailed drainage proposals are not available at present, SEPA recommend that an appropriate condition be imposed in any outline planning permission requiring the applicant to agree a drainage system with SEPA before development can proceed.

2.5 Council Landscape Architect:-

If the proposal is considered to be acceptable, the following points should be addressed by conditions:-

a) Limits to floor area, height and number / massing of warehouses and to the area of lorry park in order to mitigate the visual impact from the roads and railway (further information and assessment is required)

b) Full details of colours / finishes to the buildings / structures to be agreed in addition to design at reserved matters stage in order to ensure the visual impact is minimal.

c) A full specification of all screen planting at reserved matters stage (detailing species, mixture proportions, numbers, planting density, numbers, planting, methods of protection (fencing / shelters etc) and details of maintenance)

d) No existing mature trees to be removed without approval.

2.6 Council Archaeologist - No objections subject to condition requiring the developer to submit the results of an archaeological evaluation to inform any reserved matters application.

2.7 but recommends that:-

Scottish Natural Heritage - No objections

* Hedgerows and mature trees on the development boundary are maintained and protected from damage and that tree root plates are protected from compaction, damage and drought.

SEPA are contacted for their views on the acceptability of the drainage arrangements for this site and impact surface water run- off may have on the River Annan and surrounding watercourses.

3 REPRESENTATIONS

3.1 Mrs S Burchell, Secretary to Johnstonebride Community Council, Upper Minnygap Farm, St Anns; Carruthers Bros (Annan) Ltd, Dalziel Buildings, High Street, Ecclefechan; RoadChef Motorways Limited, per RPS, Fairwater House, 1 High Street, Wroughton, Swindon; Dr M & Mrs I Mair, Dinwoodie Lodge Cottage, Johnstonebridge; Mr James Mclelland, Braemar Cottage, Dinwoodie, Lockerbie; Euan Mair, Shawside, Broomhillbank, Johnstonebridge; James Anderson, 2 Station Cottages, Dinwoodie Mains, Johnstonebridge; Colin P Robb, Dinwoodie Green, Jo hnstonebridge; Andrea Fulton, 2 Dinwoodie Mains, Jo hnstonebridge; Mr P & Mrs S Millen, Kai Tak, Dinwoodie, Lockerbie; & A & T G Hall, Dinwoodie Mains Farm, Johnstonebridge object on the following grounds:-

a) It would be very difficult for large vehicles to ingress / egress the site.

b) The lorry park should be sited at Kirkburn, Lockerbie which has a good road network and the land is owned and marketed by the Council. There is also space at Steven’s Croft.

c) The proposed development does not reflect national guidance on the location of roadside facilities, contrary to SPP17, PAN75 and Policy S18 of the Dumfries & Galloway Structure Plan.

COMMITTEE REPORT ANNANDALE & ESKDALE AREA COMMITTEE 24 APRIL 2006

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-3- Subsequently, the application does not demonstrate a need for this facility.

d) The proposed development in open countryside fails to acknowledge national advice on directing development to sustainable locations, contrary to SPPI, SPP2, NPPG15 and the aims of the local plan. There would also be dangers to badgers which are known to exist in the area. The proposed access would also damage ancient Oak Trees.

e) The proposed development on a greenfield site situated away from well-established labour markets does not adhere to national guidance on directing development towards previously developed land, contrary to SPPl, SPP2 and Policy D9 of the Structure Plan.

9 The foreseeable increase in lorry / heavy goods vehicle movement and industrial practices in the area is likely to create amenity implications in terms of noise, dust, pollution and vibration for local residents, contrary to Policy D9 of the Structure Plan and General Policies 1, 12 and 69 of the Finalised Local Plan. Night working at the warehousing facility and industrial site as well as the movement of lorries through the night would cause a disturbance to local residents.

g) The proposal would add to ribbon development of industrial sites between Lockerbie and Johnstonebridge.

h) The B7076 is a regular bus and school bus route. An increase in HGV traffic would increase the danger to the public. Consideration must be given to pedestrians and cyclists. No traffic calming measures or footways in place at present.

i) The increase in HGV traffic would further damage the local roads and would have a detrimental effect to the B7076 and surrounding .oads.

) The proposal will bring problems of light iollution, air pollution, water pollution, waste, noise md increased risk of flooding.

<) The proposed new road may put the Old >arlisle Road out of commission for walkers and :yclists.

) uture.

Fear that site may be used for housing in the

n) me proposed at Beattock.

Already a lorry park at Johnstonebridge and

I ) larking in lay-bys.

A lorry park would not stop HGV drivers

0) Possible archaeological remains at Hangingshaw Farm which could be damaged.

p) adjacent to the site and is listed.

Posssible damage to the Toll House which is

q) The proposal would not have any economic benefit to the area - the proposal would result in moving trade from one area to another. Should be within walking distance of Lockerbie. There is a lack of facilities at this location.

3.2 The Agent’s supporting statement is attached as Appendix 2 to this report. The following representations are also made:-

a) The new vehicular access to the site is to be laid out in accordance with the Council’s standards for such developments and would not therefore prejudice the interests of road safety.

b) Kirkburn is under the ownership of Scottish Enterprise Dumfries and Galloway and they have their own plans for its development. This was advised to the Annandale and Eskdale Area Committee on the 28 November 2005 by the Area Planning Manager during his presentation in respect of item 7 on that agenda.

c) The other land within Lockerbie allocated for industrial development in the Annandale & Eskdale Finalised Local Plan is presently being developed on behalf of the Council for the new schools for the settlement. A correction to the Plan to that effect should appear in the adopted version of that document.

d) The Steven’s Croft site is now under private ownership and should be disregarded as offering a viable alternative site in this instance. In any case, James Jones and Jenkinsons have recently committed to further substantial developments at their premises and therefore the site does not provide a suitable alternative.

e) It is submitted that there are no other alternative sites available in the locality of the current application site that offers any real or viable alternative to the premises presently before the Council for consideration.

9 The proposed lorry park development relates to the relocation of an existing burgeoning enterprise in the centre of Lockerbie. The continued growth of that business over the last three years has shown that there is a need for such a facility in the locality. Relocation of the enterprise to the proposed site would enable the applicant to grow that business, and at the same time remove an inappropriate use of land from the centre of Lockerbie.

COMMITTEE REPORT ANNANDALE & ESKDALE AREA cOMMl77EE 24 APRIL 2006

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g) SPP 17 requires local planning authorities to make appropriate provision in their development plans for a range of roadside facilities, and should avoid being unduly restrictive unless there are legitimate land use, environmental, road safety or traffic management justifications. Through Structure Plan Policy S I8 and General Policy 69, the Council have fulfilled that obligation, and it is submitted that the proposed development is in accordance with the provisions of each of those policy statements and their justifications.

the close proximity of the motorway and the mainline railway. It has been demonstrated at the Steven's Croft site, that industrial development can be accommodated within such a setting, without materially detracting from nearby residential properties. It is submitted that through the careful design and siting of buildings, and the appropriate use landscaping, a satisfactory development of the site could be achieved that would not materially detract from the residential amenity of the locality.

h) The proposed development site is within the area of Annandale that the Council, together with its other partnership agencies, has specifically identified for the promotion of industrial and economic development to offset the closure of the Chapelcross nuclear power plant. The proposed development is in close synchronicity with the current five-year economic strategy for Dumfries and Galloway and affords a very real opportunity for growth in the local economy.

i) The development meets the key interventions of the economic development strategy for Dumfries and Galloway produced by the Dumfries and Galloway Economic Forum, and would provide an opportunity for the potential growth in the key areas identified in the Price Waterhouse Coopers study to examine potential opportunities and key actions in the area.

j) The landscape within which the site forming the subject of the planning application is located has been required to accommodate many large new developments in recent years. From strategic road network and other infrastructure upgrades, to larger industrial developments and a power plant. In view of the impact all of these have had on the landscape setting of the area, it is submitted that the proposed development will not detract from the visual amenity of the locality to any material degree.

k) National policy guidance promotes the re- use of previously developed land before greenfield sites should be allocated for development purposes. However, as previously stated, there is a deficiency in both suitable allocated industrial land in this locality, and brownfield opportunities. In such circumstances it is therefore contended that the use of the site is permissible where the alternative would be that the development would not occur, and the potential benefits to the local economy and a wider section of the community Nould otherwise be lost.

The land forming the subject of the application is presently subjected to an extensive eve1 of background noise and impact as a result of

m) The approval of the current planning application would provide an appropriate location for future industrial / warehouse development in the Annandale valley, focusing such proposals onto a single site, and potentially consolidating mutually beneficial enterprise at one location.

n) The Group Manager Local Services has advised there are no objections to the proposed development on the grounds of road safety, and any new access would be provided in accordance with the Council standards that prevail at the time the work is implemented.

0) The pollution impact of the development, in whatever form, can only be accurately assessed, and appropriate mitigating measures implemented, during the consideration of any subsequent reserved matters applications once the principle of the development of the site has been established.

p) Any alternative development proposals for the site would require to form the subject of a further planning application, and be tested against the national and local policy statements relevant to the proposal at that time.

q) Competition with other similar facilities that exist in the area is not a relevant planning consideration in the determination of this application.

r) It is not the responsibility of the applicant to prevent future lorry parking in lay-bys, that remains a matter for the police to appropriately regulate.

s) The identified area of archaeological interest has been excluded from development. The applicant has already confirmed their agreement that such areas will only be promoted for any form of development once a survey has been undertaken, and that has shown there would be no unacceptable impact upon the area of archaeological interest.

t) The potential damage to adjacent properties at some later date as a consequence of any development of the site is not a competent representation.

COMMITTEE REPORT ANNANDALE & ESKDALE AREA C O M M I ~ E E 24 APRIL 2006

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4 REPORT

4.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that:- "Where, in making any determination under the planning Acts, regard is to be had to the development plan, the determination shall be made in accordance with the plan unless material considerations indicate otherwise?

Therefore, given the proximity of the distributor road network and the proposed upgrading of access on to it, it is considered that the proposed lorry park accords with GP69(a)

4.8 The second criterion requires that lorry movements and / or the operation of refrigerated units would not cause a material loss of amenity in the surrounding area through noise, dust, light, pollution or vibration.

4.2 The Development Plan for the Lockerbie area currently comprises the Dumfries & Galloway Structure Plan 1999. The Annandale & Eskdale Finalised Local Plan 2003 is not yet adopted and so does not form part of the Development Plan. It is however an important material consideration in determining planning applications in the Annandale & Eskdale area.

4.3 In terms of the Dumfries and Galloway Structure Plan, the relevant policies are considered to be D7, D9, D l l , S18 and E12. Relevant policies in the Annandale & Eskdale Finalised Local Plan are General Policies 1, 2, 7, 12, 23, 62, 68 and 69. All of these policies are set out in full in the Appendix to this report. The land does not have any specific allocation within the Finalised Local Plan.

4.4 The proposal is for three different uses (lorry park, industrial and warehousing) which will be considered separately in terms of their respective policy issues.

4.5 Firstly, the proposed lorry park would require to satisfy the criteria set out in General Policy 69 : Provision of Lorry Parks.

4.6 GP69(a) requires that the proposed lorry park has appropriate access to the distributor road network or that this can be provided. As part of the application, a direct access on to the 67076 is proposed. This would cover the short distance between the site and 87076 over Scottish Executive owned land. A traffic impact assessment submitted as part of the planning application indicated that the proposed lorry park itself would require a simple 'T' junction with the 67076. However, the lorry park combined with 5000m2 of ndustrial / warehouse development would trigger :he need for a ghost island right turn lane. Votwithstanding this, the applicant has indicated .hat he would be willing to form the ghost island 9ght turn lane at the outset.

t.7 The 87076 is designed to be capable of :arrying large volumes of heavy traffic and two notorway junctions from this road are located ,in :lose proximity to the north (Johnstonebridge) and ;outh (Lockerbie) of the application site.

4.9 Clearly the cumulative effect of this would be greater when considered alongside the proposed business I industrial park and this is considered below. Therefore, it would inappropriate to consider the impact the proposed lorry park alone would have on the amenity of the area.

4.10 The third criterion requires that the development be effectively integrated into the landscape and should incorporate mitigating measures to ensure no material loss of amenity to the surrounding area.

4.11 Again, it would be inappropriate to assess the potential impact of the proposed lorry park itself on the landscape when the proposed industrial / business park and lorry park would be seen as one.

4.12 The objection against the proposed lorry park given in paragraph 3.l(c) above claims that it would be contrary to local and national policy on the provision of roadside facilities. Both the Structure Plan and the Finalised Local Plan contain policies on roadside facilities (Policy S18 and GP68 respectively). These are separate to the policies on lorry parks and clearly have a different definition to lorry parks.

4.13 Roadside facilities are considered to be those which are typically found at service stations such as those at Johnstonebridge and at Gretna. Clearly, these provide an entirely different service to that of a lorry park in attracting all types of traffic from the motorway. There is a presumption against this type of development where not identified within the local plan. However, the justification for this policy makes it clear that this is to encourage tourist and visitor traffic to use the existing facilities within settlements along or adjacent to the motorway or main trunk routes. A lorry park would not attract any other type of traffic apart from HGVs, for which there would not be capacity for within most settlements anyway and which would also raise significant adverse road safety issues. It is for that reason it is considered to be important to discourage such vehicles from parking in towns and providing an out-of-town lorry park is one way of achieving this.

COMMITTEE REPORT ANNANDALE & ESKDALE AREA COMMIITEE 24 APRIL 2006

- 6 - 4.14 SPP17 (Planning for Transport) simply states that:- “The need for new sites for lorry parking and freight transfer facilities should be assessed against current provision and in consultation with stakeholders regarding location, but with consideration for residential areas and other sensitive environments”. The Finalised Local Plan policy on lorry park provision is in mainly in accordance with this policy anyway. Both SPP17 and PAN75 have separate policies relating to roadside facilities and it is not considered that the current proposal would come within the definition cited within PAN75.

4.15 The other proposed use of the site is for an industrial and warehouse park. The vast majority of the site area would be used for this purpose although no distinction is made between the two. The relevant policies for these uses would be Local Plan General Policy 23: Business and Industrial Development on Unallocated Sites, And Structure Plan Policies D9: Large Scale Industrial Development and D11: Large Distribution and Warehousing Development. As it is not known what the scale of the proposed industrial development would be it should be assumed that it would be large scale (i.e. more than 50 employees).

4.16 GP23 states that such development should normally be encouraged to locate on sites allocated for business and industrial use. Otherwise, developments should be considered in terms of Structure Plan Policy D9 (as in this case). The policy does also encourage the use of vacant or derelict land or buildings.

4.17 Policy D9 states that large scale industrial development on land not allocated for such use will be favoured subject to the Council being satisfied in ?elation to 6 criteria. Policy D11 supports Narehousing and distribution centres subject to 3 Zriteria. These relate to the traffic impact and access to the transport network and the impact on :he landscape. As these issues are similar to some i f those in D9, the industrial and warehousing iroposals will be considered together.

1.18 First of these criteria in D9 is the reasons for ;electing the site in preference to allocated or ierviced sites. (Please note that this does not ipply to the proposed warehousing). The jpplicant’s agent has submitted a statement which jives reasons as to why Hangingshaw was ;elected. Clearly, it would be normally be referable if the proposed development were to be scated within an allocated or serviced site. iowever, the site can be easily accessed to and ’om the distributor road network and the proposed lirect road access to the 67076 would increase the

ease of access. From this point of view, the site is easily serviceable. The site proposed is very large in term of site area which would make it very difficult to locate in an identified or serviced site. The only such sites in the vicinity are Kirkburn at Lockerbie and Steven’s Croft. The applicant‘s agent has given reasons as to why these sites were ruled out. It is considered that the site now proposed is suitable alternative in terms of its serviceability due to its easy access to the B7076 and A74(M). Also it should be considered that GP69 and Policy D11 do not require any such justification for the location of their respective uses.

4.1 9 The second criterion of Policy D9 is similar to the third requirement of GP69: Provision of Lorry Parks and third requirement of D11: Large Distribution and Warehousing Development in that it requires the impact on the landscape and environment to be minimised.

4.20 In considering the site in its entirety and its impact on the landscape and surrounding environment, it is clear that, by virtue of its scale alone, it would have a material visual impact on the immediate environment and surrounding landscape. However, assessing the true impact is almost impossible currently, due to the lack of details of proposed buildings and site layout.

4.21 In accordance with the Council’s Landscape Architect‘s comments, plans were submitted showing the proposal to plant a 15 metre wide screening belt around the site’s western, northern and southern boundary. However, it is also recommended that there is some screening along the boundary with the railway line and a need to mitigate the visual impact from this side (once the proposed layout is known). It is also recommended by the Landscape Architect that limits on floor area, height and number / massing of warehouses and to the area of lorry park. It is considered that imposing such a condition would be unreasonable as it is not possible to assess the impact of proposed buildings without seeing the proposed designs. Much also depends on how they would be laid out and sited. Therefore, although the visual impact of the proposed buildings would be a key material consideration at the reserved matters stage (if outline planning permission is granted), it would be difficult to any set limit on building sizes etc at this stage without being unduly restrictive or knowing exactly what uses / layout are proposed.

4.22 Overall, it is considered that the visual impact of the proposal can be mitigated to a reasonable extent. It is recommended that as many of the existing trees along the site frontage are retained as possible and as the site only has a slight gradient, it should be possible to effectively screen the site to an acceptable degree. Clearly,

COMMITTEE REPORT ANNANOALE & ESUDALE AREA COMMITTEE 24 APRIL 2006

3. I

- 7 - much depends on the size and layout of proposed buildings, however, it would be possible to assess this at reserved matters stage when detailed designs and layouts would be submitted.

4.23 Policy D9(3) requires that the Council are satisfied in relation to discharges to air and water. Again, much depends on what type of industrial or other uses are proposed. SEPA have not objected to the principle of the proposed use, however, they have indicated that further details would be required at the reserved matters stage in order to assess any impact in terms of pollution of air or water.

4.24 The traffic impact that the proposed industrial (D9(4)) and warehouse use (DI l (1 & 2)) raises similar issues to those raised by the proposed lorry park. The proposed direct access to the 67076 would give good access to the distributor road network which is capable of accommodating large traffic volumes. It is therefore considered that there should not be any material road safety or general network constraints relating to the proposal. The existing average daily traffic flow on the B7076 is relatively low when compared with the design capacity of the road. It is not therefore considered that there would be an adverse impact on this road. It is also very unlikely that any traffic from the site would require to use any other local roads.

4.25 Policy D9(5) requires the Council to be satisfied in relation to safety, security and noise implications. Issues of safety and security would be relevant to the design and layout of buildings and operations and therefore cannot be assessed at this stage.

4.26 The potential impact of noise from the site is a material issue with respect to all proposed uses, therefore the cumulative impact requires to be considered.

4.27 Again, due to the lack of details in respect of site layout, building sizes etc, it is impossible to sstablish what the impact of noise from the site Mould be. It is evident from the size of the site 3roposed that some impact due to noise is nevitable. The properties most likely to be affected are the three which immediately adjoin the site ioundary. Most other residential properties outwith he ownership of the applicant are at least 600 netres from the site, apart from the Toll Bar >ottage which is approximately 200 metres from he site. The site is also within close vicinity of the 474(M), the 67076 and West Coast Mainline which bmit a reasonably high and constant background ioise level. Given the fairly low density of )opulation in the area and the high ambient noise ?vels, it is not considered that there is justification

in principle to refuse the application on these grounds alone. As traffic would have direct access onto the B7076 and close access to the A74(M), it is not considered that there would be any material impact from noise from traffic using the adjacent road network.

4.28 Environmental Health have requested the submission of a noise impact assessment. However, they are satisfied that this could be submitted at the reserved matters stage once details are known. This would indicate what the noise impact would be from the proposed development for each stage, both individually and cumulatively. This would also guide how mitigation measures could be implemented.

4.29 The availability of service infrastructure during construction and operation as required by D9(6) is not known at this stage, however there is no reason to suggest that this should be an issue which should hinder development.

4.30 The objection given in paragraph 3.l(d) above fails to mention any of the relevant development plan policies as contained in the Structure Plan and listed in paragraph 4.3 above. These policies take precedence over material considerations such as more general national policy. Normally small scale industries and businesses would be directed to settlement areas (as required by D10: Small and Medium Business Development), as their impact on the amenity of the area would be relatively low and it is generally more sustainable to direct main centres of employment to existing settlements. However, the current planning application would be of too large a scale to site it within a settlement area, where it would also be more likely to give rise to greater adverse amenity issues. SPP15 : 'Planning for Rural Development' supersedes NPPGl5 and this simply states that there should be a presumption against development within Green Belts (of which there are none within Dumfries and Galloway).

4.31 Likewise, the objection given in 3,l(e) implies that the proposal would be contrary to Policy D9 as it would not be within previously developed land. Policy D9 does not specifically require this. However, it does require that justification be given if the proposed site is not within an allocated or serviced site. This aspect is considered in paragraphs 4.17 and 4.18 above. Again, this policy takes precedence over the SPPs mentioned, however it is not considered that there is any particular policy within these documents to which the proposed development would be contrary.

4.32 In respect of the objection given in paragraph 3.1(g) above, it is not considered that

COMMITTEE REPORT ANNANDALE 8 ESKDALE AREA COMMITTEE 24 APRIL 2006

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the proposed development would add to a ribbon of industrial sites. Presently, there is only one other such industrial site in the vicinity, namely Steven's Croft, and this has a clear physical separation from the proposed development. Pressure for development along main transport corridors is inevitable due to the good transport links and every proposal should be treated on its own merits.

4.33 Fears that the site may be used for housing in the future appear to be unfounded. If this is proposed, planning permission would be required and any such proposal would be regarded as being contrary to current Council Policy.

4.34 The proposed lorry park would be shifting its operations from the existing site within Lockerbie. Therefore, there would be no new provision as such, as implied in the objection in paragraph 3.l(m) above, and simply a relocation instead.

4.35 The planning authority has no powers to prevent HGV drivers from parking in lay-bys (3.1 (n) above). However, the Police discourage this and the proposed lorry park would provide drivers with the alternative of using this facility rather than parking in lay-bys.

4.36 With regards to 3.l(q), the only existing facility within the area is thelQinwoodie Lodge Hotel. However, 'faculties are Rroposed within the 'site which would cater for drivers. Although it would be of economic benefit for drivers to use existing facilities within an area, it is also of benefit to prevent lorry drivers from parking within settlements for road safety and amenity reasons.

4.37 In considering the proposal against all the relevant policies in the Structure Plan and the Annandale & Eskdale Finalised Local Plan and taking into consideration all the other material considerations, it is not considered that there is sufficient reason to refuse this application. The proposal is considered to accord with these policies and there are no material considerations which outweigh these policies. Accordingly, subject to the appropriate conditions, the application is recommended for approval.

5 RECOMMENDATION

5.1 Approve subject to the following conditions:-

1. a) That this outline planning permission will expire three years from the date of this permission Jnless further application(s) for all of the matters -eserved under Condition 2 below have been submitted to the planning authority within that Lime period;

b) That development in respect of this planning permission must be commenced within five years of the date of this permission, or within two years of the final approval of reserved matters (whichever is later of these two dates).

2. That no development in respect of this planning permission shall take place unless further application(s), accompanied by plans showing all the reserved matters set out in Conditions 3 to 6 below, have been submitted to and approved by the Council as planning authority.

3. Layout : This shall include contours and cross-sections of the site showing a datum point, the position, width and levels of all roads, footpaths and car parking; details of foul and surface water drainage; the siting and final floor levels of all buildings; and any proposed phasing development.

4. Design : This shall include plans, sections and elevations of all buildings and any other structures.

5. External Appearance : This shall include a specification of the colour and type of all materials to be used on walls, roofs windows, doors, rainwater goods and any other external finishes to the building.

6. Landscaping : This shall show the treatment of land (other than buildings) forming part of the site, including planting of new trees and shrubs, grassed areas, hedges, retained trees and other retained vegetation, details of level changes, hard surfacing, erection of walls, fences or other means of enclosure, formation of banks, terraces or other earthworks and the layout of gardens, courts and other amenity features designed to provide a landscape setting for the develoDment.

7. That no development in respect of this planning permission shall take place unless a noise impact assessment has submitted with the further application(s) required by Condition 2 above and has been approved by the Council as planning authority. Should more than one reserved matters application be submitted, a noise impact assessment shall be submitted with each application, taking account of the cumulative impact of any preceding approved development within the site.

8. That no development in respect of this planning permission shall take place unless a scheme of noise mitigation measures as may be required by a noise impact assessment, has been submitted to and approved in writing by the planning authority. The . development hereby granted planning permission shall not be

24 APRIL 2006 COMMITTEE REPORT ANNANDALE & ESKDALE AREA COMMITTEE

3. I

brought into use unless such scheme as may be so approved as been implemented in full.

2, Part 6, TD 42/95, Geometric Design of Major /Minor Priority Junctions.

9. That no development in respect of this planning permission shall take place unless a scheme detailing new tree and shrub planting has been submitted to and approved in writing by the Council as planning authority and has been fully implemented on site. The scheme shall be plotted on an accurate plan of the site, to a recognised metric scale, and shall detail the number and species of trees and shrubs to be planted, locations, planting density, nursery stock sizes at time of planting, and initial maintenance to aid establishment.

10. That no trees within the application site shall be felled, topped, lopped or uprooted during the lifetime of the development unless the planning authority has given prior written amroval for such operations.

11. That no development in respect of this planning permission shall take place unless details of the proposed external lighting to be installed within the application site have been submitted to and approved in writing by the planning authority. Such lighting shall be of a cowled or cut-off design so as to ensure that there is no light spillage above the horizontal and shall be sited so as not to be directed towards any adjacent residential properties or so as to dazzle drivers on any public road. The development hereby granted planning permission shall not be brought into use unless all such external lighting has been installed in full accordance with such details as may be so approved.

14. That no development in excess of 5000mZ in gross floor area shall be brought into use unless the proposed junction with the 67076 has been upgraded to a ‘T’ layout with ghost island right turn lane which shall be constructed in accordance with the Design Manual for Roads and Bridges.

15. That no development in respect of this planning permission shall take place unless details of the precise method for the stopping up of the U364a on each side of the proposed access has been submitted to and approved in writing with the planning authority (in consultation with the Group Manager Local Services). The development hereby granted planning permission shall not be brought into use unless the road has been stopped up in complete accordance with such details as mav be so approved.

16. That the development hereby granted planning permission shall not be brought into use unless visibility areas have been provided on both sides of the access between the public carriageway edge and the line joining two points defined as follows:-

a) measured 9 metres back along the centre line of the proposed access road from the nearer edge of the main carriageway; and

b) measured 215 metres from the centre line of the proposed access along the nearer edge of the carriageway of the 87076 public road.

12. That no development in respect of this planning permission shall take place unless the developer has secured the implementation of a programme of archaeological work or management in accordance with a written scheme of investigation which has been submitted to and approved in writing by the planning authority (in consultation with the Council Archaeologist). The first stage of this will require the submission of results of an archaeological field evaluation in support of any application for reserved matters. In addition the developer shall afford access at all ?easonable times to the Council Archaeologist or a iominated remesentative and shaU allow them to

17. That the development hereby granted planning permission shall not be brought into use unless everything exceeding 1 metre in height has been removed from the visibility areas referred to in Condition 16 above. Thereafter, nothing exceeding 1 metre in height (as measured from the adjoining carriageway level) shall be grown, placed or erected within the said visibility areas

18. That any proposed access gates shall be not less than 60 metres behind the public road carriageway and shall open into the site only.

19. That no vehicular access shall be permitted Axwve work’in Progress. @m? @E&’, @ . f i H h w : a b e r m i t t e d to or from the U364a to the

13. That the development hereby granted danning permission shall not be brought into

levelopment with the 87076 has been designed md constructed in accordance with the Design vlanual for Roads and Bridges, Volume 6, Section

\ vT&E,fl)) development site.

9kchd l - Ase unless the junction of the proposed -.*--”-+--

COMMITTEE REPORT ANNANDALE & ESKDALE AREA COMMITTEE 24 APRIL 2006

3. 0rl.c

- 1 0 -

APPENDIX 1 DUMFRIES AND GALLOWAY STRUCTURE PLAN:-

Policy D7 : Employment Creation The Council is working with Dumfries and Galloway Enterprise to develop a Joint Economic Strategy to promote and support economic development in Dumfries and Galloway. Development proposals which assist in the growth and development of the local economy will generally be supported particularly where they would:-

1. and distribution and tourism; or

develop existing key sectors including agriculture, forestry, plastics, chemicals, food processing, transport

2. telecommunications.

introduce new businesses and inward investment including electronics, or the use of high techonology and

Policy D9 : Large Scale Industrial Development Large scale industrial development on land not allocated for such use will be considered favourably subject to the Council being satisfied in relation to:-

1. the reasons for selecting the site in preference to allocated or serviced sites;

2. impact on landscape and the environment can be minimised;

3. discharges to air and water;

4. traffic impact;

5.

6.

safety, security and noise implications; and

the availability of service infrastructure during construction and operation.

The Council will continue to work in partnership with other agencies to provide advice to developers to assist in site selection.

Policy D11 : Large Distribution and Warehousing Development Development of large warehousing and distribution centres will be supported, subject to the site having:-

1. good access to the transport network;

2. the local road network can accommodate anticipated traffic levels; and

3. there is minimal impact on the landscape or built environment

Policy E l 2 : Development Affecting Archaeological Sites There will be a presumption against development which would destroy or adversely affect the appearance, Fabric or setting of Scheduled Ancient Monuments, sites of national importance and other areas of significant archaeological interest.

In exceptional circumstances, where it is not possible to secure the preservation of archaeological remains, the Council will require an appraisal of the impact of the development on the site. The developer will be ?esponsible for securing an agreed programme of archaeological work to the satisfaction of the Souncil.

Policy SI8 : Roadside Facilities -ocal Plans will identify where provision of comprehensive roadside services/facilities is required along trunk 'oads, to enable a balanced provision on strategic routes.

4 complementary service of lay-by rest facilities will be supported.

COMMITTEE REPORT ANNANDALE & ESKDALE AREA COMMITTEE 24 APRIL 2006

3. I - 1 1 -

ANNANDALE & ESKDALE FINALISED LOCAL PLAN:-

General Policy 1 : Development Principle There will be a general presumption against development which would give rise to a material degree of land use conflict, which would materially detract from and / or be incompatible with the character or amenity of the locality.

General Policy 2 : Development Considerations As part of the assessment of development proposals, including those on sites identified in the Plan, developers will be required to satisfy the Planning Authority with regards to their proposals in terms of all of the following, where they are regarded by the planning authority to be material to the determination of the application:-

a)

b)

c)

d) environmental impact.

When assessing planning applications, the Planning Authority will take into account the provisions of any site guidance, site specifications, or development brief as set out in Section 3 of the Plan. Where further information is required, the Planning Authority may apply the provisions of Article 13 of Town and Country Planning (General Development Procedure) (Scotland) Order 1992 or Article 4(3) in respect of outline applications.

General Policy 7 : Siting and Design The Council as Planning Authority will require development to:-

a) group of buildings or adjacent area of which it will form a part; and

b) quality of the local environment having regard to the Local Biodiversity Action Plan; and

c) visually sensitive sites; and

d)

e)

f)

g) and

h) site or buildings.

General Policy 12 : Potentially Polluting Development Where a development has the potential to cause pollution of water, air, soil or pollution through noise, dust, odour, vibration, light and heat the Planning Authority will only consider granting planning permission where it has been established, following consultation with the relevant organisations, that:-

a) the development would not result in an unacceptable level of nuisance, or unacceptable risk to human health; and

b) the quality of the environment would not be materially damaged or put at risk.

General Policy 23 : Business and Industrial Development on Unallocated Sites Business and industrial development will normally be encouraged to locate on sites allocated for such development in the Local Plan. Where a proposal is not located on such a site the development will be

access, ground conditions and stability, contamination, foul and surface water drainage and water supply;

traffic generation onto the adjacent road network;

flooding; (see Policy 58 on Flood Risk and Development);

have regard to the character and appearance, scale, density, massing and materials, of the building,

retain and, where appropriate, enhance important physical or landscape features which contribute to the

have no material adverse effect on the local landscape character, avoiding prominent ridge lines or other

take into account the guidance and advice set out in the Landscape Assessment Study; and

comply with the Design Guidance set out in Appendix 1 ; and

where appropriate, have regard to the principles of PAN 46 - “Planning for Crime Prevention”; and

have regard to the replacement of any trees which are unavoidably lost as a result of the development;

have regard to the need for energy conservation and efficiency in the design, orientation and layout of the

COMMITTEE REPORT ANNANDALE & ESKDALEAREA COMMl77EE 24 APRIL 2006

- 1 2 -

considered in terms of Structure Plan Policies D9 and D10. In such cases, encouragement will normally be given to the reuse of vacant or derelict land or buildings, in accordance with GP12a.

General Policy 62 : Freight Transport Development which generates significant volumes of haulage traffic will be encouraged to utilise facilities for the transfer of freight from road to rail and to locate close to main transport routes. Sites with the potential to be developed for this purpose will be safeguarded.

General Policy 68 : Roadside Services There will be a presumption against the development of catering and service facilities on or adjacent to trunk roads outwith settlements except in the locations along the A75 identified on the Proposals Map. In all cases, development proposals will be required to meet all of the following tests:-

a) Roadside Facilities on Motorways and other Trunk Roads in Scotland.”

a need has been established in accordance with the guidance set out in NPPG 9 - “The Provision of

b) the scale and type of facility is related primarily to the needs of travellers;

c) the facility can be safely accessed;

d) character and specific natural heritage features;

the development takes account of, reflects and wherever possible enhances the existing landscape

e) a local information service is provided for visitors;

f) it complies with the criteria set out in Policy 2.

General Policy 69 : Provision of Lorry Parks Proposals for a lorry park / truck stop will be required to satisfy all of the following criteria;-

a) there is appropriate access to the distributor road network or this can be provided;

b) the surrounding area through noise, dust, light, pollution or vibration;

lorry movements and / or the operation of refrigeration units would not cause a material loss of amenity in

c) measures to ensure no material loss of amenity to the surrounding area.

the development can be effectively integrated into the landscape and should incorporate mitigating

COMMITTEE REPORT ANNANDALE & ESKDALE AREA COMMITTEE 24 APRIL 2006

3. I APPENDIX 2

My ref: BH/O1/06/05 Your ref: Date 1 1 November 2005

Planning and Environment Services Planning and Building Control Dryfe Road Lockerbie DGll 2AS

Dear Mr Suttie Outline Planning Application to Create lorry, Industrial and Warehouse Park, and office/driver facility accommodation at Hanginshaw Farm, Lockerbie.

I refer to your previous discussions with my client in respect of the above and enclose a completed application form, plans and the requisite fee for the proposed development.

On behalf of my clients it is submitted that the proposed development accords with the provisions of National and local policy guidance in respect of the forms of development being promoted.

The Scottish Executive (S.E.) encourages the planning system to provide strong support for economic development, both new and expanding businesses, where it is consistent with national and local policies. Scottish Planning Policy2 'Economic Development' (SPP2) sets out guidance on how the planning system should react to industnal/commercial developments and the factors the Scottish Ministers will have regard to in the consideration of such proposals. It advises planning authorities to take S.E. advice into account when carrying out their development control responsibilities and policy formulation .

Throughout S.P.P.2 the S.E. encourages local authorities to take a pro- active position in the assessment of economic development proposals. It advises authorities to recognise the dynamic and changing nature of modern business, and encourages them to be responsive and flexible in providing for the space and locational requirements of a wide range of businesses and key sectors within the economy. In particular, marketable land should be provided in sufficient quantity and quality to meet the diverse range of industrial, business and commercial requirements, including the expansion and growth of indigenous firms.

S.P.P.2 also makes specific reference to Dumfries and Galloway and the contribution that can be made there in the strategically important sectors of forestry and distribution. The proposed development offers an excellent opportunity to build upon the success of the Steven's Croft site, and make a positive contribution to the attainment of the economic development strategies of the Dumfries and Galloway Economic Forum, of which the Council is a significant stakeholder.

The Scottish Ministers policy statement Scottish Planning Policy 15 'Planning for Rural Development' encourages local authorities to adopt a more welcoming stance to development in rural Scotland, with economic and social objectives positively considered. It identifies the roll planning has to play in the creation of opportunities for economic development where infrastructure capacity and good access exists. It encourages planning authorities to be aware of trends and opportunities and be ready to react positively to them. It should support proposals that will augment existing strategies, and facilitate business development and extend the range of economic opportunities within the rural environment.

Planning authorities can allow development where the impact of vehicle movements on the local road network would not be significant. Planning permission should be granted for developments, which conform to the principles and objectives described in the national policy guidance notes. Rural areas are evolving in response to changes in European, national and local economic developments. Planning policy and decision-making needs to keep pace with these changes to embrace innovation and opportunity.

It is submitted that the proposed development is in accordance with the provisions of national guidance and should therefore be supported by the Council.

Following an approach to erect a retail store at the site of the existing lony park in the centre of Lockerbie, alternative sites for the relocation of the business were investigated. The site forming the subject of this application was selected due to its excellent road links to the national motorway network, its relatively close proximity to other large industrial operations in the locality and position within the Gretna-Lockerbie- Annan triangle.

The relocation of the lorry park away from the centre of the town will result in an established Class 5 type industrial use being removed from close proximity to residential properties. It will also result in a material change in the type and scale of vehicle movements through the busiest road junction in the town. The tangible planning benefits that would therefore accrue from the relocation of. the existing operation

3. I

are material considerations in the determination of this application, as well as that for the retail store.

The operation of the lorry park in the centre of Lockerbie has been a success and has shown that there is a real need for this sort of facility in the locality. The Annandale and Eskdale Finalised Local Plan makes specific provision for the provision of lorry parks. Through the justification to General Policy 69 it is recognised there is a need for such facilities and that they will be provided by the private sector. The policy justification also advises that where HGV parking is being redirected from town centre location, they should be located close to trunk or strategic roads.

As with the existing lorry park operations there is a requirement to provide associated ancillary facilities on the site. These take the form of office accommodation, a cafe and shower/toilet facilities for the drivers. It is intended that these will be accommodated within the modern agricultural building presently sited on the identified lony park area of the submitted plan. The exact details for the conversion of the building to provide the driver facilities will form the subject of a further application to the Council once the principle of the overall development has been established.

During pre-application discussions the vehicular access to the site was considered by Roads officials. They advised that with minor modifications, the existing access off the B7076 to the south of the site would be satisfactory. The developers have however considered the possibility of forming a new access point from the B7076 at a point opposite the building proposed for the office and driver facility use. The new access point would move vehicle movements away from the residential properties in the vicinity of the existing access, and mitigate a potential source of disturbance to those properties. The exact details of the layout of the access have not been submitted, as this is an outline application seeking to establish if the principle of the overall development is acceptable. If Roads officials require clarification of any matters relative to their consideration of this proposal then the developers are willing to discuss these if it Will assist the officials in their deliberation of the application.

It is therefore submitted that the lony park element of the proposed development accords with the provisions of that policy and should therefore be supported.

The proposal should also be considered against the terms of Dumfries and Galloway Structure Plan Policy 07. Pre-application discussions with representatives of Scottish Enterprise Dumfries and Galloway have established that the proposed development is in close synchronicity

with its current five-year economic strategy for Dumfries and Galloway. The overall development affords a very real opportunity for growth in the local economy. The development meets the key interventions of the economic development strategy for Dumfries and Galloway produced by the Dumfries and Galloway Economic Forum.

The proposed development can also be seen to be in line with the key objectives of the steering group, of which the Council is a partner, which has been set as a result of the decision to de-commission Chapelcross. The development proposed will provide opportunity for the potential growth in the key areas identified in the Price Waterhouse Coopers study to examine potential opportunities and key actions in the area.

The development of the industry/warehouse park also falls to be considered against the terms Dumfries and Galloway Structure Plan policies D9. This specifically relates to the provision of large-scale industrial developments. It is submitted that the proposal meets the specific requirements of the policy and is provided for in the justification statement associated with the policy.

The landscape within which the site forming the subject of the planning application is located has been required to accommodate many large new developments in recent years: From strategic road network and other infrastructure upgrades, to larger industrial developments and a power plant. In view of the impact all of these have had on the landscape setting of the area, it is submitted that the proposed development will not detract from the visual amenities of the locality to any material degree.

It is therefore submitted that the development proposed through this outline planning application is in accordance with the relevant national and local policy considerations against which it requires to be assessed.

If you wish to discuss this matter in further detail or require clarification in respect of any of the matters referred to, then please do not hesitate to contact me directly.

Yours sincerely