Development Management Sub Committee
Wednesday 18 January 2017
Application for Planning Permission 15/01954/FUL
At Warriston Recreation Ground, Warriston Crescent,
Edinburgh
Construction of the playing surface, and a short wall and
fence for the protective backstop for baseball field (as
amended).
Item number
4.6
Report number
Wards
A05 - Inverleith
Summary
The proposal meets the requirements of Policy Env 18 and Policy Env 19 of the
adopted Edinburgh Local Development Plan as the proposal will improve the quality of
recreation space.
The proposal would retain the existing character of the immediate area and the
positioning of the proposal will have an acceptable impact on the existing trees which
will preserve and enhance the character and appearance of this part of Inverleith
Conservation Area. The design of the proposal is of an appropriate standard which will
not be detrimental to existing trees and not result in an unreasonable loss of
neighbouring amenity.
The current site is in use as a sports ground, and has been in this use for many years.
There is no planning history for the use of the site as a sports ground and therefore no
planning restrictions in terms of numbers of people using the recreational space.
There are no material considerations which outweigh this conclusion.
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Links
Policies and guidance for
this application
LDPP, LEN06, LEN12, LEN19, LEN18, NSG,
NSLBCA, OTH, CRPINV,
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Report
Application for Planning Permission 15/01954/FUL
At Warriston Recreation Ground, Warriston Crescent,
Edinburgh
Construction of the playing surface, and a short wall and
fence for the protective backstop for baseball field (as
amended).
Recommendations
1.1 It is recommended that this application be Granted subject to the details below.
Background
2.1 Site description
The site lies to the east of Howard Place, north west of Warriston Crescent, and south
of Eildon Street within Warriston Recreation Ground. Warriston Recreation Ground is
an open grassed area with an enclosed bowling green and pavilion lying in its southern
corner. To the north west of the bowling green, there are two areas previously used as
tennis courts where the former surface has been removed. The proposal lies on part of
these former tennis courts in the centre of the park. There is a separate pavilion lying
within the parkland to the north. There is a mature tree lying to the west of the
proposal.
This application site is located within the Inverleith Conservation Area.
2.2 Site History
There are no previous applications relating to this part of Warriston Recreation Ground.
Other relevant history
31 July 2014 -To the south of the site planning permission was granted to construct a
full-sized (36.6m x 18.3m) tarmacadam tennis court and an adjoining mini-tennis court
(17m x 8.5m) (planning application number 13/02168/FUL).
Main report
3.1 Description Of The Proposal
This proposal involves operational development to facilitate the playing of baseball on
this recreation park.
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This would be positioned in the centre of the park on an area previously used for tennis
courts. An adult pitch is to be formed with a mound where the grass is removed and
replaced with clay surface. In addition, there is to be a short wall and fence for the
protective backdrop. The brick wall would be a height of 1000mm with a solid net
2000mm high. During game play, further netting at a height of 6000mm will be erected
and removed when not in use.
The existing field at Warriston Park already hosts regular baseball games played by
both adult and junior players during the summer. The applicant currently has four adult
teams and two junior teams using Warriston playing grounds which amount to around
60 people in total. They plan to maintain their current usage of the pitch, which is
currently on Sundays from January through to September and then again on
Wednesday nights and every other Friday from April till September. Building the
baseball field on an area of former/derelict tennis courts for the main area of usage will
reduce the wear and tear on the current areas where they train and play on (existing
soccer sevens pitches).
Scheme 1
A dug out area and supporter's area for an adult pitch, in addition to a junior pitch with
netting were originally proposed.
Supporting Statement
A Field Development Brief was submitted to provide details of how the pitch would be
laid out to meet international standards.
This document is available to view on the Planning and Building Standards on-line
services.
3.2 Determining Issues
Section 25 of the Town and Country Planning (Scotland) Act 1997 states - 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.
Do the proposals harm the character or appearance of the conservation area? If they
do, there is a strong presumption against granting of permission.
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?
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3.3 Assessment
To address these determining issues, the Committee needs to consider whether:
a) the proposal is acceptable in principle;
b) the proposals preserve the character and appearance of the conservation area;
c) the proposed scale, design and materials are acceptable;
d) the proposal is detrimental to the amenity of neighbours;
e) the proposal affects road safety;
f) the proposal affects archaeology;
g) the proposal has any equalities or human rights impacts; and
h) representations raise issues to be addressed.
a) Principle of proposal
The proposal lies within Warriston Recreation Ground. Policy Env 18 Open Space
Protection and Policy Env 19 Playing Fields Protection of the adopted Edinburgh Local
Development Plan (LDP) state that the loss of some or all of a playing field will only be
permitted where the proposal complies with certain criteria. The proposed development
is ancillary to the principal use of the recreation ground. It has been reduced in scale so
now involves a minor part of the parkland which would not adversely affect the use or
potential of the remainder for sport and training. The proposal complies with
requirements of this policy.
Sportscotland has been consulted on the proposal and is satisfied that the tennis use of
this area has fallen away but stated that there are existing facilities nearby providing
increased capacity for tennis. It is also content that the proposal would not impact on
the existing marked out pitches nor the other users of the site. It offers no objections to
the proposal.
The site is owned by the Council and managed by Communities and Families which
support the proposals.
The proposal is acceptable in principle.
b) Character and Appearance of the Conservation Area
LDP Policy Env 6 Conservation Area - Development requires a proposal to protect and
where possible to enhance the character and appearance of the conservation area and
to be consistent with the relevant conservation area character appraisal.
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The Inverleith Conservation Area Character Appraisal identifies the prevalence of open
space and garden ground emphasising the spaciousness of the whole area.
Inverleith Conservation Area Management Plan which was approved by the Council on
13 May 2010 is a material consideration in determining proposals. The Plan states the
conservation area is characterised by a high proportion of open space providing a
green setting to the built environment. The Conservation Area contains some of the
most attractive areas of open space in the City.
Warriston Recreation Ground is a large open space, primarily laid to grass. The
proposed playing surface is to be located where there were former tennis courts in the
centre of the park. The change in playing surface and the fencing details will have
minimal effect on the character and appearance of the Inverleith Conservation Area
and overall the open character will remain.
There is an existing mature tree in the centre of the Recreation Ground adjacent to the
proposed playing surface. The position of the new pitch has been amended to now lie
more than 15 metres from the tree so that the root system remains undisturbed.
Fencing will be erected during matches and practice sessions which will protect the
tree.
This meets with the objectives of the Inverleith Conservation Area Character Appraisal
and Inverleith Conservation Area Management Plan which ensure that the landscape,
natural and wildlife heritage of the Conservation Area are protected, acknowledged and
understood as integral parts of the Conservation Area's value. These objectives are
achieved by ensuring that these elements are not eroded or damaged through new
development but are maintained to enhance the identity and landscape quality of the
open spaces.
The proposal preserves the existing tree which contributes positively to the character
and appearance of the conservation area.
The proposal complies with Policy Env 6 and Env 12 of the LDP.
c) Scale, Design and Materials
The proposals are functional in style. The clay surfacing replaces the former tennis
court and is a material in keeping with the character of the recreation ground. The
proposed brick wall is low in height and with netting would serve as a back drop to the
playing surface. These are acceptable in this location.
The proposed scale, design and materials are acceptable.
d) Neighbouring amenity
The new playing surface will lie more than 30 metres from the nearest residential
properties on Howard Place and Warriston Crescent.
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Concerns have been raised regarding potential floodlighting. There are no proposals
for floodlighting. There are no existing restrictions on the hours of use for the pitches
and therefore evening noise, particularly in the summer is not under planning control.
Environmental Assessment has no objections to the proposal.
The Council will retain the responsibility for the management and maintenance of the
trees and green space within the site.
The proposal will not result in an unreasonable loss of neighbouring amenity.
e) Road safety
There are currently 10 car spaces within the park. No car parking is proposed as the
existing on-street provision and use of public transport is deemed sufficient.
There are no roads implications.
f) Archaeology
Forming part of the medieval estate of Warriston, this Victorian Recreation Park was
formed from the southern part of the designed landscape associated with West
Warriston House constructed by/for William Ramsay in 1784. Early 19th century maps
of the site clearly shows a large ornamental pond occupying the northern part of the
park extending across the outfield of the proposed pitch. Based on the historical and
archaeological evidence, the site has been identified as occurring within an area of
archaeological potential.
The City Archaeologist has confirmed that there may be some remains of
archaeological interest on the site. It is therefore recommended that a condition be
attached relating to a programme of archaeological works for the site.
The archaeological issues can be addressed satisfactorily.
g) Equalities or human rights impacts
This application was assessed in terms of equalities and human rights. No impact was
identified. An Equality and Rights Impact Assessment Summary is available to view on
Planning and Building Standards online services.
h) Public Comments
Material representations - objection






too close to houses and cars - assessed in section 3.3 (d).
pitch appears to be taking over park - assessed in section 3.3(a).
quality of design - assessed in section 3.3(c).
effect on chestnut tree - assessed in section 3.3(b).
loss of open space - assessed in section 3.3(a).
traffic congestion - assessed in section 3.3(d).
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Material Representations - Support
 continue to encourage the use of Warriston Recreation Ground for sporting
activities - assessed in section 3.3(a) and acknowledged that the proposal is in a
suitable location.
Non-material Representations
 prohibition on floodlighting and play after 10pm - the proposal does not include
floodlighting.
 direction of hitting balls - not a relevant planning consideration.
 level of usage and terms of lease of the park – is a matter between the Council
as owner and the applicant.
 bad language and antisocial behaviour – is a matter for the applicants and
Police Scotland.
 the high netting would endanger bird life - the netting would only be erected
during play so the threat to bird life would be minimal.
Community Council
Stockbridge and Inverleith Community Council objected on the following grounds:
 the proposal may inhibit the use of the park for other more frequently played
sports - assessed in section 3.3(a) and found that as the proposal has been
reduced in scale there is potential for the remainder of the park to be used for
sport and training.
Conclusion
The principle of the development meets the requirements of LDP Policy Env 18 and
Policy Env 19 and will improve the quality of recreational space.
The proposal would retain the existing character of the immediate area and the
positioning of the proposal will have an acceptable impact on the existing trees which
will preserve and enhance the character and appearance of this part of Inverleith
Conservation Area.
The current site is in use as a sports ground, and has been in this use for many years.
There is no planning history for the use of the site as a sports ground and therefore no
planning restrictions in terms of numbers of people using the recreational space.
There are no material considerations which outweigh this conclusion.
It is recommended that this application be Granted subject to the details below.
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3.4 Conditions/reasons/informatives
Conditions:1.
No development shall take place on the site until the applicant has secured the
implementation of a programme of archaeological work (excavation, analysis &
reporting) in accordance with a written scheme of investigation which has been
submitted by the applicant and approved by the Planning Authority.
The work would be carried out by a professional archaeological organisation,
either working to a brief prepared by CECAS or through a written scheme of
investigation submitted to and agreed by CECAS for the site. Responsibility for
the execution and resourcing of the programme of archaeological works and for
the archiving and appropriate level of publication of the results lies with the
applicant.
Reasons:1.
In order to safeguard the interests of archaeological heritage.
Informatives
It should be noted that:
1.
The development hereby permitted shall be commenced no later than the
expiration of three years from the date of this consent.
2.
No development shall take place on the site until a 'Notice of Initiation of
Development' has been submitted to the Council stating the intended date on
which the development is to commence. Failure to do so constitutes a breach of
planning control, under Section 123(1) of the Town and Country Planning
(Scotland) Act 1997.
3.
As soon as practicable upon the completion of the development of the site, as
authorised in the associated grant of permission, a 'Notice of Completion of
Development' must be given, in writing to the Council.
Financial impact
4.1 The financial impact has been assessed as follows:
There are no financial implications to the Council.
Risk, Policy, compliance and governance impact
5.1 Provided planning applications are determined in accordance with statutory
legislation, the level of risk is low.
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Equalities impact
6.1 The equalities impact has been assessed as follows:
The application has been assessed and has no impact in terms of equalities or human
rights.
Sustainability impact
7.1 The sustainability impact has been assessed as follows:
This application is not subject to the sustainability requirements of the Edinburgh
Design Guidance.
Consultation and engagement
8.1 Pre-Application Process
There is no pre-application process history.
8.2 Publicity summary of representations and Community Council comments
The application was advertised on 15 May 2015 and 21 letters of representation were
received: 20 objecting and 1 supporting. These included comments from the local
councillor, Stockbridge and Inverleith Community Council, Inverleith Society and
Warriston Crescent Residents Association.
A full assessment of the representations can be found in the main report in the
Assessment.
Background reading/external references

To view details of the application go to

Planning and Building Standards online services

Planning guidelines

Conservation Area Character Appraisals

Edinburgh Local Development Plan

Scottish Planning Policy
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Statutory Development
Plan Provision
The site forms part of Warriston Playing Fields and lies
within urban area of Edinburgh Local Development Plan
where it is designated as open space. The site also lies
within the Inverleith Conservation Area.
Date registered
24 April 2015
Drawing numbers/Scheme
1A, 3,
Scheme 2
John Bury
Head of Planning & Transport
PLACE
City of Edinburgh Council
Contact: Jennifer Zochowska, Senior Planning Officer
E-mail:[email protected] Tel:0131 529 3793
Links - Policies
Relevant Policies:
Relevant policies of the Local Development Plan.
LDP Policy Env 6 (Conservation Areas - Development) sets out criteria for assessing
development in a conservation area.
LDP Policy Env 12 (Trees) sets out tree protection requirements for new development.
LDP Policy Env 19 (The Protection of Outdoor Sports Facilities) sets criteria for
assessing the loss of outdoor sports facilities.
LDP Policy Env 18 (Open Space Protection) sets criteria for assessing the loss of open
space.
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Relevant Non-Statutory Guidelines
Non-statutory guidelines 'LISTED BUILDINGS AND CONSERVATION AREAS'
provides guidance on repairing, altering or extending listed buildings and unlisted
buildings in conservation areas.
Other Relevant policy guidance
The Inverleith Conservation Area Character Appraisal emphasises the
predominance of Georgian, Victorian and Edwardian villas and terraces which form
boundaries to extensive blocks of public and private open space. The villa streets are
complemented by a profusion of mature trees, extensive garden settings, stone
boundary walls and spacious roads. The villas are in a considerable variety of
architectural styles, unified by the use of local building materials.
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Appendix 1
Application for Planning Permission 15/01954/FUL
At Warriston Recreation Ground, Warriston Crescent,
Edinburgh
Construction of the playing surface, and a short wall and
fence for the protective backstop for baseball field (as
amended).
Consultations
Environmental Assessment
The applicant proposes the construction of a baseball playing surface on Warriston
Recreation Ground. The ground is bordered by residential dwellings on all sides.
This proposal includes some small scale construction associated with the proposed
use, but no stands for spectators or crowds. As no change of use is proposed amenity
is unlikely to be affected, Environmental Assessment has no objections to this
development.
Should you wish to discuss the above, please contact me on 0131 469 5807
Archaeology
I would like to make the following comments and recommendations concerning the
above planning application for the construction of a playing surface and a short wall
and fence for the protective backstop for baseball field.
Forming part of the medieval estate of Warriston, this Victorian Recreation Park was
formed from the southern part of the designed landscape associated with West
Warriston House constructed by/for William Ramsay in 1784. Early 19th century maps
of the site clearly shows a large ornamental pond occupying the northern part of the
park extending across the outfield of the proposed pitch. Based on the historical and
archaeological evidence the site has been identified as occurring within an area of
archaeological potential. Accordingly this application must be considered under terms
the Scottish Government Historic Environment Policy (SHEP), Scottish Planning Policy
(SPP), PAN 02/2011 and also Edinburgh City Local Plan policy ENV9. The aim should
be to preserve archaeological remains in situ as a first option, but alternatively where
this is not possible, archaeological excavation or an appropriate level of recording may
be an acceptable alternative.
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Given the scale of the development it is considered that overall impact is potentially as
low in terms of disturbing insitu remains in particular those relating to the Georgian
Ornamental pond. That said the supporting documents indicate that significant ground
reduction may occur as part of levelling out the playing field. As such it is
recommended that a suitable programme of archaeological work is undertaken during
ground breaking works is in order to record and excavate any significant archaeological
deposits uncovered. Detailed landscaping designs showing depths must be supplied to
CECAS prior to the start of development in order to determine the scale of
archaeological mitigation.
It is recommended that the following condition is attached if consent is granted to
ensure that this programme of archaeological works is undertaken.
'No development shall take place on the site until the applicant has secured the
implementation of a programme of archaeological work (excavation, analysis &
reporting) in accordance with a written scheme of investigation which has been
submitted by the applicant and approved by the Planning Authority.'
The work would be carried out by a professional archaeological organisation, either
working to a brief prepared by CECAS or through a written scheme of investigation
submitted to and agreed by CECAS for the site. Responsibility for the execution and
resourcing of the programme of archaeological works and for the archiving and
appropriate level of publication of the results lies with the applicant.
Please contact me if you require any further information.
Sportscotland
Thank you for the consultation on the above. I've now visited the site and reviewed
details from your sports development colleagues.
The proposed development is a baseball infield to be part sited on land that was
previously used as tennis courts. I understand that the tennis courts previously at the
site have been out of use for well over 20 years. This area has been grassed over for
some time and now appears to form part of the wider open space surrounding pitches
at the recreation ground. Largely due to time expired, details as to why these fell out of
use are not available.
It is apparent that the tennis use of this area of the playing field has fallen away and
that it has been used only for informal recreation for over 20+ years, with the exception
of 2 years latterly when it was used as a construction compound. The wider playing
field has a number of pitches marked out and the Council has advised that the
proposed baseball facility would not impact on these, nor on other users of the site. As
such, I confirm sportscotland has no objection to the planning application.
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I would note that in reviewing the application, we liaised with Tennis Scotland. There
are a number of courts near the site in addition to the court and mini-court installed by
Warriston Community Tennis Club in 2014. These include courts with free access some of which have been recently installed/refurbished thereby providing increased
capacity for play locally: Inverleith Park (4 courts - 2007), Victoria Park (2 courts - 2015)
as well as Leith Links (3 courts - 2 miles - 2014) and the Meadows (16 courts - 2 miles 2007).
I trust this is helpful and happy to discuss.
Location Plan
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