1

North Council

DEPARTMENT OF PLANNING AND DEVELOPMENT

Planning Applications for consideration of Planning and Development Committee

Committee Date : 3rd February 1999

Ordnance Survey maps reproduced from Ordnance Survey with the permission of HMSO Crown Copyright reserved 2 APPLICATIONS FOR PLANNING AND DEVELOPMENT COMMITTEE 3RD FEBRUARY 1999

Page No. Application No. Applicant Development/Locus Recommendation

4 N/98/0 1290/FUL Barrett West Erection of 99 Dwellinghouses and Grant (P) Formation of Roads, Footpaths, Play Area and Landscaping - Former Hospital Site - Drive, .

12 N/98/01549/0UT John G Russell Residential Development (Over 200 Grant (P) (Transport) Ltd Dwellings; No Footbridge connection to Old Road) (Outline) Transport Depot, Allison Place, Gartcosh

19 N/98/0 1563FUL A G Ban Plc Upgrade and Extension of Car Parking Grant Area- 4 Mollins Road, Westfield Cumbernauld G68 9JH

22 N/98/01640/FUL PA & PR Richardson Change of Use From Agricultural Use Grant to Leisure and Construction of a 9 Hole Golf Course - Site Adjacent to The Stables, Waterhead Road, Palacerigg. Cumbernauld.

29 N/98/01642/ADV Highcross Erection of a Hoarding (Restrospective) Grant Cumbemauld Ltd Site Adjacent to Roundabout - Blairlinn Road, Blairlinn Cumbernauld

32 N/98/0 165 1/FUL Mr A Conlon & Mr J Erection of 2 No. Dwellings (In Outline) Refuse Ferguson Site Adjacent Kilrae Cottage Barrpath .

36 N/98/01727/AMD Morrison Homes Removal Of Pre-Determined Upper Grant Construction Limit of 60 Dwellings per year through Deletion of Annexed Condition 4A of Outline Planning Permission NL/TP/96/0114 For Residentialnight Industrial Development. Former Colliery Site Cardowan Road .

48 U98101 106FUL Mr & Mrs W McAllister First Floor Extension to Refuse (P) Kennel Administration Block to form Flatted Dwellinghouse Whinrigg Farm, Airdrie

51 C/98/01146/FUL Mr P Rolink Siting of Mobile Snack Bar Grant Golf Club Townhead Road, Coatbridge

55 C/98/0136310UT Ararat Ltd Erection of 28 Unit Sheltered Housing Grant Complex and Matron’s Dwellinghouse Land to the rear of Turner StreetKirk Street, Coatbridge

61 Cl98101569NIN G M Mining Ltd Alteration to Phasing of Grant (P) ExcavationsRestoration and Backfilling of void Drumshangie OCCS , Airdrie

76 S/98/00752/FUL South Lanarkshire Council New Bridge and Approach Road Grant (P) Adjacent to Overtown

84 Sl98/01652/LBC South Lanarkshire Council New Bridge and Approach Road Grant (P) Adjacent to Garrion Bridge Overtown

I:UIATA\COMMZ\WORD\PLAM~-FEB.DOC 3 APPLICATIONS FOR PLANNING AND DEVELOPMENT COMMITTEE 3RD FEBRUARY 1999

Page No. Application NO. Applicant DevelopmentILocus Recommendation

88 SI9810 1427FUL Allan Water Developments Ltd Construction of 41 Bed Residential Grant Nursing Home and Day Care Centre 19 - 21 Frood Street,

92 S/98101493/FUL James Kerr/Guy Kerr Motors Change of Use from Commercial Grant Unit to Taxi Radio Control Base; Car Hire Booking Office and Installation of Mast 6 Market Road,

95 Sl98101577lAMD John Marshall Construction of Supermarket Grant (Renewal of Outline Consent) Station Road.

99 S1981015931AMD Taylor Homes (Scotland) Amendment to Housing Development (A) Grant to (A) include two additional house plots; (B) Refuse (P) construction of layby; conversion of driveway to road, and (B) extension of development site boundary - Knowenoble Farm, Low Road, Cleland

107 S/98/01664/FUL Mr M Gallacher Construction of (A) 9 Hole Golf Course (A) Grant and (B) 4 x 4 Off-Road Track Area (B) Refuse Land South of Omoa Cottage Chapelknowe Road, Motherwell

115 S/98101606/FUL Mega Leisure Change of Use from Shop to Amusement Grant Arcade - 223 Main Street, .

121 S/98/01641 /OUT John Rafferty Construction of a Dwellinghouse Grant 26B Bellside Road Cleland

(P) N198101290iFUL If approved refer to Secretary of State (P) N198/01549/0UT If approved a Section 75 agreement is required and application to be referred to Secretary of State (P) C/98/01106/FUL If approved, Section 75 to be concluded ’) C/98101569/MIN If approved, Bond & Section 75 TO be concluded ,P) S/98/00752/FUL If approved refer to Secretary of State (P) S/98101652/LBC If approved refer to Secretary of State (P) S/98/01593/AMD If condition 20 is deleted Refer to Secretary of State

I:D ATA\COMMZ\WORDWLANU-FEB.DOC 4

Application No:

Date Registered: 14th. September 1998

APPLICANT: BARRAT WEST SCOTLAND, MAYFIELD HOUSE, 7 MAGGIE WOODS LOAN, FALIURK FK15SJ

Agent: Development Design Partnershp, Sandford House, 6&7 Lower agh Street, Stourbndge, West Midlands DY8 1TE

DEVELOPMENT: ERECTION OF 99 DWELINGHOUSES AND FORMATION OF ROADS, FOOTPATHS, PLAY AREA AND LANDSCAPING

LOCATION: FORMER HOSPITAL SITE, RATHO DRNE, CUMBERNAULD

Ward No: 55 Grid: 275036 - 676350 File Reference: IE Site History:

Development Plan: Cumbemauld Local Plan Policy PSlOB - Sites for New Public Services - Lanarkshlre Health Board Hospital

Contrary to Development Plan: Yes

CONSULTATIONS:

Objection: No Objection: West of Scotland Water, British Gas Transco, East of Scotland Water, and the Clyde Valley Structure Plan Joint Committee. West of Scotland Archaeology Service, Department of Leisure Services, Department of Education No Reply: Department of Environmental Services, Scottish Po\ver. SEPA West, The Coal Authority Conditions: Scottish Natural Heritage

REPRESENTATIONS:

Neighbours: One letter of objection Newspaper Advert: None Received

COMMENTS: Ths site is allocated for the development of a hospital in the Local Plan. However the Health Board have indicated that they do not possess the funds to carry out that project and have deleted it from their proposals and the site is now surplus to their requirements. After dmussion with me they marketed the site for private housing development resulting in th~sapplication.

The/ I 5

I I Produced by I l Planning and Developmenl Department APP No N198’01290/FUL Norlhern Division BARRAT WEST SCOTlAND Bron Way COUNCIL CUMBERNAULD 1 FORMER HOSPITAL SITE, WTHO DRIVE, CUMBERNAULD ’ -- 1 G67 102 ERECTION OF 99 DWELLINGHOUSES RepiM-C Imm D* OrWnca Sunry mappnp *Ih A me prm~ionOI me ~ornro~krof bi M~~SV, 01236 1:7500 SBmrrri Mllcr D ClancDprlOn 1 01236616420 This copy has been produced speuficaity for Planning and Building Control purposes only U~~ulhorsncepmd~~in rnlwi Cmm SDWnihl ’ .M may ,**e 10 pmYcuian or SNII PmsLldYIpI OS Lcence LA 09MlL No fumer copies may be made I 6

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The Glasgow and the Clyde Valley Structure Plan Joint Committee have indicated that whilst there is no strategy requirement to release this site for private housing, because of the peculiar circumstances relating to it, no strategic concerns are raised.

The objector, the adjacent Golf Course is concerned about possible conflict between houses and stray golf balls. However, the nearest proposed house is 17m from the boundary and there are existing mature trees along the boundary. More trees can be required to be planted by condtions attached to a consent and if th~sis done I consider . that the risk of conflict is minimised.

I therefore recommend that planning permission be granted. If agreed the application would require to be referred to the Secretary of State.

RECOMMENDATION: Grant, subject to the following conditions:-

1. That the development hereby permitted shall be started wihfive years of the date of th~spermission.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

2. That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in Writing by the Planning Authority, includmg any modifications as may be required.

Reason: These details have not been submitted.

3. That before any of the dwellinghouses hereby permitted: situated on a site upon whch a fence or wall is to be erected are occupied, the fence, or wall. as approved under the terms of condhon 2 above, shall be erected.

Reason: In the interests of amenity.

4. That notwithstanchg the provisions of Class 7 of the Town and Country Planning (General Permitted Development), (Scotland) Order 1992, no gates, fences, walls or other means of enclosure shall be erected between the front of the dwellinghouse hereby permitted and the adjoining road.

Reason: In the interests of visual amenity.

5. That before the development hereby permitted starts, full details of all external materials to be used in construction, includmg walls, roofs, windows, doors, gutters and downpipes, shall be submitted to, and approved in writing by the Planning Authority, includmg any modfications as may be required.

Reason: These details have not been submitted.

6. That before the development hereby permitted starts, a scheme of landscaping, includmg boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, including any mo&fications as may be required, and it shall include:- (41 7

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(a) details of any earth moulding and hard landscaping, grass seedmg and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development, and (d) details of the phasing of these works.

Reason: These details have not been submitted

7. That wihone year of the occupation of the last four dwellinghouses within the development hereby permitted, all planting, seedmg turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condtion 6 above, shall be completed; and any trees, shrubs, or areas of grass whch die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced wihthe following year with others of a similar size and species.

Reason: In the interests of amenity.

8. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include proposals for the continuing care, maintenance and protection of-

a) the proposed footpaths hatched orange on the approved plans; b) the proposed external lighting provided for the area hatched brown on the approved plans; c) the proposed play areas hatched pmk on the approved plans; d) the proposed grassed, planted and landscaped areas hatch green on the approved plans, and e) the proposed fences to be erected along the boundaries marked purple on the approved plans.

Reason: In the interests of amenity.

9. That before completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 8 shall be in operation.

Reason: In the interests of amenity.

10. That before the development hereby permitted starts, a scheme for the provision of a play area with the site hatched blue on the approved plans, shall be submitted to, and approved in writing by the Planning Authority, including any mo&fications as may be required, and th~sshall include:-

(a) details of the type and location of play equipment, seating and litter bins to be situated wihthe play area; (b) details of the surface treatment of the play area, includmg the location and weof safety to be installed; (c) details of the fences to be erected around the play area, and (d) details of the phasing of these works.

Reason: These details have not been submitted.

11. That/ 8

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11. That before occupation of the last four dwellinghouses withm the development hereby permitted, all the works required for the provision of the equipped pIay area and, included in the scheme approved under the terms of condition 10 above, shall be completed.

Reason: To ensure the provision of adequate play facilities within the site.

12. That no trees withthe application site shall be lopped, topped or felled and no shrubs or hedges, shall be removed from the application site without the approval in Writing of the Planning Authority.

Reason: In the interests of amenity.

13. That the use of the garages hereby permitted shall be restricted to private use incidental to the enjoyment of the dwellinghouse on the site and no commercial activity shall be camed out, in, or from, the garages.

Reason: In the interests of residential amenity.

14. That the integral garages shall not be altered for use as a habitable room without the prior written consent of the Planning Authority.

Reason: In order to retain effective control.

15. That no dwellinghouse hereby permitted shall be occupied until the road and footpath adjacent to it have been constructed to base course standard, and the road and footpath shall be maintained thereafter to the satisfaction of the Planning Authority during the construction phase.

Reason: To ensure the provision of satisfactory vehcular and pedestrian access facilities.

16. That before the last of the dwellinghouses hereby permitted is occupied, all roads and footways shall be completed to final wearing course.

Reason: To ensure the provision of satisfactory vehcular and pedestrian access facilities.

17. That before development starts, details of the construction of the footpaths at the locations shaded in yellow on the approved plans shall be submitted to and approved in writing by the Planning Authority.

Reason: These details have not been submitted.

18. That before occupation of the 10th. dwellinghouse within the development hereby permitted, the footpaths required by condition 17 above shall be completed.

Reason: In the interests of the amenity of pedestrians.

19. That before development starts, full details for the construction of two bus laybys and shelters, one of each on either side of Easrfield Road, shall be submitted to and approved in writing by the Planning Authority.

Reason: In the interests of the provision of adequate public transport facilities.

20. That/ 9

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20. That before the occupation of the 10th. dwellinghouse with the dwellinghouse hereby permitted, the bus laybys and shelters required by condrtion 19 above shall be completed.

Reason: In the interests of the provision of adequate public transport facilities.

NOTE: Should it be the decision of the Council to grant permission, the application will require to be notified to the Secretary of State in accordance with the Town and Country Planning (Notification of Applications) (Scotland) Direction 1997.

List of Background Papers:

Application form and plans Cumbernauld Local Plan Letter fiom Wright Johnston and MacKenzie dated 2nd. October 1998 Letter from Scottish Natural Heritage dated 2 1st. September 1998 Letter from Scottish Natural Heritage dated 13th. October 1998 Letter from West of Scotland Water dated 19th. August 1998. Letter fiom British Gas Transco dated 1st. October 1998 Letter fiom East of Scotland Water dated 6th. October 1998 Letters from Glasgow and the Clyde Valley Structure Plan Joint Committee dated 2nd. October 1998 and 12th. January 1999 Letter from West of Scotland Archaeology Service dated 13th. October 1998 Memo from Transportation manager dated 20th. November 1998 Memos from Director of (Leisure Services dated 209th. October 1998 and 7th. January 1999.

Any person wishmg to inspect these documents should contact lain Ewart on 0 1236-6 16472

Comaps?8/?8O 1290F/ie26jadjk 10

APPLICATION NO: N/98/01290/FUL

1. SITE AND PROPOSAL

1.1 It is proposed to build a new private housing estate of 99 units comprising of 3, 4, 5 and 5/6 bedroom detached two storey houses. The proposed includes an equipped children’s play area.

1.2 The site is L-shaped being to the north and west of the new geriatric hospital at Camckstone, and is accessed off Carrickstone roundabout. It is bounded on the east by a landscaped buffer strip to the west of a vacant high-tech single user site owned by Scottish Enterprise, to the north by Dullatur Golf Course, to the west by a sewage pumping station access road beyond whch is a vacant site in Council ownership allocated for the development of two primary schools, and to the south by Eastfield Road beyond whch are recently completed private houses in Camckstone.

1.3 The site has a northerly aspect with impressive views towards the Campsies, and is allocated for the development for a hospital by the Lanarkshre Health Board in the Cumbernauld Local Plan. However, , the Health Board no longer intend to develop it for a hospital and the site is surplus to their requirements.

2. CONSULTATIONS

2.1 West of Scotland Water, British Gas Transco, East of Scotland Water, the Glasgow and Clyde Valley Structure Plan Joint Committee, the West of Scotland Archaeology Service, the Department of Leisure Services and the Department of Education were consulted and replied offering no objections.

2.2 The Department of Environmental Services, Scottish Power, SEPA West and the Coal Authority did not rep 1y .

2.3 Scottish Natural Heritage Qd not object, but required that the proposals included a landscaping scheme.

3. OBJECTIONS

3.1 A letter of objection has been received from solicitors acting for Dullatur Golf Club, the concern being that errant golf balls could possibly damage property causing a loss of amenity to the golfers and the residents. They say however that these concerns would be reduced by conditions requiring screening.

4. OBSERVATIONS

4.1 With regard to the letter of objection I note that the golf hole adjacent to the boundary is angled away from it and that for a ball to cross the boundary it would have to involve a fairly major error by a golfer. The nearest part of any house to the boundary is 17m from it: and there are some mature trees along the boundary. I would anticipate that the augmentation of these trees by large quick growing species along part of the boundary would minimise any potential problems and ths can be acheved via landscaping condtions on any consent.

4.2 The principal issue to be considered with regard to the proposal is how the proposal relates to the Structure Plan.

4.3 The/ 11

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4.3 The proposal must be considered in the context of how it relates to the Housing Development Policy of the Plan set out in Policy RESl which is to encourage the development of infill and redevelopment brownfield sites within urban areas. Where a site is a greenfield site, it must also be justified in terms of criteria set out in Policy RESl A.

4.4 In one of their consultation responses, the Structure Plan Manager states: ‘The proposed area of development is greenfield and therefore needs to be evaluated in terms of Structure Plan Policy RESl and RESlA and there is no strategic need for this site to be released for owner occupied housing. It is however understood that the site is totally enclosed within the urban envelope of the New Town and there are proposed developments on all sides. As such, in view of the specific circumstances I would not wish to raise a strategic concern ...... ’

4.5 I do not agree with the Structure Plan Manager’s interpretation that the site is greenfield. In the Glossary of Terms contained within the Structure Plan it states: “Brownfield sites comprise redevelopment and infill sites - Redevelopment Sites: Land within the urban area which has been, or is expected to be cleared for redevelopment. Infill Sites: Vacant or derelict land not in active or beneficial use within the urban area.”

4.6 This site is within the urban area having housing to the south, a hospital and a zoned industrial site to the east and a zoned school site to the west. The Golf Course to the north seals the site from the countryside beyond. It is allocated for development as a hospital, but as that proposal has been dropped by the Health Board and the site has no active use it is therefore, by the definitions specified in the Structure Plan, an infill site and therefore a brownfield site.

4.7 Policy RESlA of the Structure Plan relates to greenfield sites, therefore as this is a brownfield site Policy RESlA does not apply and in my view this proposal therefore complies with the Structure Plan.

5. CONCLUSION

5.1 Whilst this proposal is contrary to the Local Plan which allocates the site for a hospital development, I consider it to be a reasonable alternative development of this vacant urban site.

5.2 It is my opinion as stated above that the proposal is not contrary to the Structure Plan, however, in view of the comments from the Structure Plan Manager the application will require to be referred to the Secretary of State 12

Application No: N/9 8/0 15 4 9/OUT

Date Registered: loth November 1998

APPLICANT : JOHN G. RUSSELL (TRANSPORT) LTD, GARTCOSH, GLASGOW, G69 8ES

Agent: G D Lodge & Partners, Empire House, 13 1 West Nile Street, Glasgow, G12RX

DEVELOPMENT: RESIDENTIAL DEVELOPMENT (OVER 200 DWELLINGS; NO FOOTBRIDGE CONNECTION TO OLD GARTLOCH ROAD) (OUTLINE)

LOCATION: TRANSPORT DEPOT, ALLISON PLACE, GARTCOSH, GLASGOW, G69 9ES

Ward No: 69 Grid: 269471 667934 File Reference: MD Site History Key Planning decisions are as follows: 1967: Detailed planning permission granted for road transport maintenance depot on part of site. P/94/77: Planning application for Residential Development (Outline) called in by Strathclyde Regional Council and refhed permission. Appeal dsmissed in March 1996 for greenbelt and excessive local development reasons. N/96/0 178FL: Planning application for Residential Development and Erection of Station (Outline) called in by the Secretary of State and approved in December 1998.

Development Plan: Strathclyde Consolidated Structure Plan Strathkelvin District (Southern Area) Local Plan 1983: Greenbelt (E.PR02), Existing Development (E.PR03) (part site) and Tree Planting (E.IMP7) (part site). Northern Comdor Consultative Draft Local Plan 1998: Housins Opportunity (HGU10)

Contrary to Development Plan: Yes

CONSULTATIONS:

Objection: No Objection: Director of Education No Reply: Conditions: Kelvin Valley Countryside Project

REPRESENTATIONS:

Neighbours: Newspaper Advert: Gartcosh Community Council, Councillor Joseph Shaw (verbal)

Comments/

iisuj’oanlcornaps 98/98015490 26th January 1999 f 14

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COMMENTS: The application is in outline for residential development at Allison Place, Gartcosh with no predetermhed upper limit of 200 dwellings and no footbridge llnk from the site to Old Gartloch Road. A limit of 200 dwellings and a footbridge 1mk have been required through conditions imposed by the Secretary of State in a recently granted planning permission for the residential development.

A maximum of 200 dwellings was proposed by the applicants in their previous application in order to allay concerns that local roads and junctions may not be able to safely accommodate the residential development. Transport analysis mformation now submitted by the applicants has however indicated that there are no sigmficant road problems with more than 200 dwellings. The Transportation Manager has no objections to the application. It is anticipated by the applicants that the site could accommodate approximately 260 dwellings.

A railway footbridge connection to Old Gartloch Road would help integrate the residential development into the existing village of Gartcosh. The Council have however previously agreed that the &250,000 cost of the footbridge is prohibitive and that thls money should be a financial contribution from the applicants towards a Gartcosh railway station.

As with the SecretaIy of State's recently granted planning permission for up to 200 dwellings (N/96/00178/PL) any approval of the current application would be subject to a Legal Agreement requiring that - The applicants lodge with North Lanarkshre Council prior to any development work talung place a Bond for &250,000 which will be allocated solely and in its entirety for the construction of a new railway station at Gartcosh. The Bond shall run for a period of seven years from commencement of works; - the applicant will fund, prior to any development talung place, provision of two sets of 30mph (plus countdown) signage the installation of a pelican crossing and the construction of traffic calming measures.

It is considered that the site can comfortably accommodate more than 200 dwellings and that exact dwelling numbers should await the detailed planning application. It is also considered that although the footbridge llnk to Old Gartloch Road is desirable it is not essential. As such it is recommended that outline planning permission be granted for residential development as per the recent Secretary of State-s decision but without the upper limit of 200 dwellings and without the requirement for the footbridge link to Old Gartloch Road.

RECOMMENDATION: Grant subject to the following conditions:

1. The development hereby permitted shall be started, either withm 5 years of the date of th~spermission or within 2 years of the date on whch the last reserved matters are approved; whxhever is the later.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997

iissijoanicomaps 9819801 5490 26th January 1999 15

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2. Withm 3 years of the date of th~spermission, a further written application and plans, in respect of the following reserved matters, shall be submitted to and approved by the planning authority:-

a) the siting, design and external appearance of all buildings and other structures; b) the means of pedestrian and vehcular access to the site; c) the layout of the site, includmg all roads, footways and parking areas; d) the details of and timetable for the hard and soft landscaping of the site; e) the provision of open space, includmg equipped play areas; f) the design and location of all boundary walls and fences; g) the phasing of the development; h) the provisions made for drainage and sewerage i) details .of existing and proposed site levels.

Reason: The approval is in outline only and to accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

3 Before any developments starts on site, a landscape plan shall be prepared and approved in its entirety in writing by the planning authority. Th~splan shall make specific provision for:-

a) details of the hard landscaping, grass seeding and turfing; b) a scheme of tree and shrub planting, includmg the number, variety and size of the trees and shrubs to be planted; c) structural planting along the outer boundary of the application site shall be a minimum of 15 metres wide along the entire southern and eastern boundaries, 10 metres along the western boundary and north western boundaries and 5 metres along the railway line to the north; d) specific details for the future treatment of the area shaded yellow on the approved plan to be preserved as an undisturbed section of Garnlurk Moss; e) a schedule of maintenance for the upkeep of the wooded, shrubbed and grassed areas; f) a timetable for the implementation of all of the required landscape works; thls timetable shall provide for the completion of all the peripheral structural planting prior to the occupation of any house withm the site.

Reason: In the interest of amenity.

4 An area of not less than 0.6 hectares withm the application site shall be identified and reserved for a maximum of 7 years from the start of the development for a potential railway station, station access and station parlung; development, other than approved landscaping, shall only be permitted in the reserved area with the written permission of the planning authority.

Reason: In furtherance of the development plan transport strategy.

5 The only vehcular access to the application site shall be from Allison Place.

Reason: In the interests of road safety.

6 The maintenance management schedule shall provide for the upkeep of the site to a standard that is considered appropriate by the planning authority.

Reason: In the interests of amenity.

ilssijoadcomaps 9819801 5490 26th January 1999 16

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7 All trees whch die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species unless written consent to any variation is obtained from the planning authority.

Reason: In the interests of amenity.

8 Dwellings shall not exceed 2 storeys in height.

Reason: To safeguard the amenity of the area.

9 Before any development starts withm the application site, a certificate from a recogmsed firm of chartered engineers shall be submitted to the planning authority confirming the mineral stability of the . site, the location of any mine entries and the techcal implications for construction; th~scertificate shall be based on a professionally supervised and regulated boring programme.

Reason: To ensure the mineral stability of the site.

10 Before any development starts withm the application site, a professional report shall be submitted for the written approval of the planning authority whch assesses the ground conditions whch prevail over the site (including details of the nature, concentration and distribution of any contaminants and any landfill gas generation) and whch itemises the works required to remove or render harmless these contaminants; no development shall take place until all the necessary works have been camed out to the satisfaction of the planning authority.

Reason: To ensure that the site is free fiom contamination.

NOTES: (1) Should it be the decision of the Council to grant planning permission the application will require to be notified to the Secretary of State in terms of the Town and Country Planning (Notification of Applications) (Scotland) Direction 1997.

(2) The applicant has agreed to enter into an agreement in terms of Section 75 of the Town and Country Planning (Scotland) Act 1997 in respect of the contribution to the railway station and traffic management measures. A planning consent should not be issued until the matters have been concluded.

List of Background Papers:

Application form and plans Planning permission N/96/00 178/0UT for Residential Development and Railway Station (Outline) granted by Secretary of State on 29th December 1998 Strathclyde Structure Plan Strathkelvin District Southern Area Local Plan 1983 Northern Corridor Finalised Draft Local Plan 1998 Consultation letter fiom Kelvin Valley Countryside Project Consultation memos fiom the Director of Education and the Transportation Manager Letter of objection fiom Gartcosh Community Council, c/o Mr. J Diamond, 9 Johnston Road, Gartcosh: G69 8Az

Any person wishmg to inspect these documents should contact Martin Dean on 01236-616459

i/ss/joadcomaps9819801 5490 26th January 1999 17

APPLICATION NO: N/98/01549/OUT

1. SITE AND PROPOSAL

1.1 The application is for outline residential development at Allison Place, Gartcosh with no pre-determined upper limit of 200 dwellings and no footbridge link from the site to Old Gartloch Road. Planning permission (N/96/0178/PL) was granted in December 1998 by the Secretary of State for outline residential development at Allison Place, Gartcosh with planning conhtions including an upper limit of 200 dwellings and the need for a footbridge over the adjacent railway line to Old Gartloch Road. Notice had previously been given by the Secretary of State of hs intended decision thus prompting the current application to seek to alter two aspects of the final approval.

1.2 The applicant wishes more than 200 dwellings as further road studes by the applicants and dwussions with the Transportation Section have indicated that local roads arfd junctions can accommodate a more intensive development.

The applicants consider that the &250,000 cost of a footbridge to Old Gartloch Road is prohbitively expensive and could only be financed through dropping their contribution of &250,000 towards a Gartcosh railway station. They are however committed towards part financing a local station.

The 14.6 hectare application site is covered by the following policies:-

Strathkelvin District (Southern Area) Local Plan 1983: Greenbelt (E.PR02), existing developments (E.PRO3) (part site) and tree planting (E.IMP7) (part site). Northern Corridor Finalised Draft Local Plan 1998: Housing Development Opportunity (HGlI10).

2. CONSULTATIONS AND REPRESENTATIONS

2.1 Summaries of consultation responses are as follows:-

Transportation Manager: No objections subject to the installation of a pelican crossing on Coatbridge Road, installation of “Gateway Features” on Gartloch Road and Coatbridge Road and the provision of traffic calming measures along Coatbridge Road from the junction with Gartloch Road to the proposed new roundabout near Johnston Loch. Director of Education: There is sufficient capacity in existing schools to accommodate all pupils that such a development would produce. Kelvin Valley Countryside Project: The proposed development would be in contravention of greenbelt policy. There is concern at the proximity of the development to the Garnlurk Moss Site of Importance for Nature Conservation and the Bishop Loch Site of Special Scientific Interest. Detailed comments are given regarding an appropriate method of development in order to safeguard the adjacent natural environment.

Objections have been received from Gartcosh Community Council and Councillor Joseph Shaw (verbal). Points of objection are as follows:-

- The proposed development is contrary to greenbelt policy and should be refused as at the time of writing there has been no formal approval by the Secretary of State for residential development on the site. - The proposal is contrary to the Secretary of State’s intended approval which is for a maximum of 200 dwellings. The current proposal would result in a cramped and undesirable housing density.

There/

iissijoanicomaps 9819801 5490 26th January 1999 18

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- There is no reference in the application proposals to a railway station or traffic calming measures as covered by the previous application.

3. OBSERVATIONS AND CONCLUSION

3.1 With respect to the points of objections it should be noted that the Secretary of State has now formally granted outline permission for residential development on the application site. As such the principal of residential development has been established although it is considered that the Development Contrary to Development Plan Procedures should be gone through due to the potential greater impact of higher house numbers.

There are'no initial objections to the sketch layout showing 260 dwellings. As such it is considered that the site can acceptably accommodate more than 200 dwellings. The acceptability or otherwise of a particular layout or number of dwellings must however await a detailed planning application.

The same agreements as were made with the previous application concerning part Gartcosh Station fundmg and the installation of traffic safety/cahg measures are proposed for the current application. Any approval would be subject to the existing Section 75 Legal Agreement covering the above matters being adjusted to accommodate the current application.

It is considered that the 200 dwelling upper limit (which was originally proposed by the applicants) is now no longer relevant as it has been established to the satisfaction of the Traffic Manager that local roads and junctions can cope with traffic generated by a greater number of dwellings. It is also considered that the site can reasonably accommodate more than 200 dwellings.

With respect to the footbridge llnk to Old Gartloch Road it is accepted that th~swould help integrate the proposed residential development with the existing settlement at Gartcosh. The Council has however already considered this issue at the Public Local Inquiry concerning the previous application and decided not to press for the footbridge link despite its advantages. It is accepted that the &250,000 cost of the footbridge is prohbitively expensive and the local community would be better served by ths money being a contribution to a Gartcosh railway station.

Takmg account of the above there are no objections to the terms of the application. It is therefore recommended that planning permission be granted for residential development subject to the previously granted conhtions except that there be no 200 dwelling upper limit and there be no requirement for a footbridge llnk to Old Gartloch Road. A grant of planning permission should also be subject to the necessary adjustment of the existing Section 75 Legal Agreement between the applicants and North Lanarkshre Council to require that there be a &250,000 contribution towards any station built at Gartcosh withm seven years from the commencement of development and that speed signage, a pelican crossing and traffic cahgmeasures be installed at the expense of the applicant.

ilssijoadcomaps 9898015490 26th January 1999 19

Application No:

Date Registered: 13th November 1998

APPLICANT: A.G. BARR PLC., 1306 GALLOWGATE, GLASGOW, G31 4DS

Agent: W.A. Fairhurst and Partners, 11 Woodside Terrace, Glasgow, G3 7XQ - DEVELOPMENT: UPGRADING AND EXTENSION OF CAR PARK

LOCATION: 4 MOLLINS ROAD, WESTFIELD INDUSTRIAL ESTATE, CUMBERNAULD, G68 9HD

Ward No: 61 Grid: 271532672481 File Reference: IE Site History:

Development Plan: Cumbernauld Local Plan Policies 1B 1,2,4 - Existing industnalhusiness areas to be retained.

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: East of Scotland Water, West of Scotland Water No Reply: Scottish Power Conditions:

REPRESENTATIONS:

Neighbours: One letter seelung clarification Newspaper Advert: Not required

COMMENTS: It is intended to upgrade a slabbed area adjacent to the office block of Barrs factory at Westfield into a properly surfaced and engmeered car park for staff. Approximately five new parlung bays will be created and the existing bays effectively lengthened.

A neighbouring operator has written not objecting to the proposal but seeking information about timescale and street cleaning to which I have responded.

I am of the opinion that thls proposal will be an improvement in that it will provide more and larger properly constructed car parking spaces and I recommend approval.

Recommendation/ Produced by APP NO N/98/01563/FUL I ,@Z&' NORTH Planning and Development DepaRrnenf 1 AG.BARRPlc Northern Dlvlslon LANARKSHIRE ' Bran Way , 4 MOLLINS COURT, WESTFIELD INDUSTRIALAREA, !@ COUNCIL CUMBERNAULD I CUMBERNAULD. G67 1DZ RepmdYad fmm Ol6?ans1 Swey map@- Wan i UPGRADING & EXTENSION OF CAR PARK 0. srm-~n 01 mc ~ontmimr01 hcr MW~G 1 Telephone012363616400 Fa 01226616420 Sbtlirry WIsa E Clmsopyr4hl ~ 1:2500 U~umoi~cdrcPmduCI1II lnlrinprl Clown copyrl5hl ~ This capy has been produced speufically for Planning and Building Conto1 purposes only and moy read to proyun~oor cn I prn~dinps os bcence LA 09041L No funher wpies may be made 21

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RECOMMENDATION: Grant subject to the following condltion:

1. That the development hereby permitted shall be started within five years of the date of this permission.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

LIST OF BACKGROUND PAPERS

Application form and plans Cumbernauld Local Plan Letter from East of Scotland Water dated 3rd December 1998 Letter from West of Scotland Water dated 27th November 1998 Letter From Rim, 1 Badenheath Place Westfield, Cumbernauld dated 18th November 1998 Letter from Fairhurst dated 17th December 1998 Memo from Transportation Manager dated 19th December 1998

Any person wishing to inspect these documents should contact Iain Ewart on 0 1236-616472

Comaps98/9801563F/21 JWJK 22

Application No: N/98/0 1640lFUL

Date Registered: 3rd December 1998

APPLICANT: PA & PR RJCHARDSON, THE STABLES, PALACERIGG ROAD, CUMBERNAULD, G67 3HU

Agent:

DEVELOPMENT: CHANGE OF USE FROM AGRICULTURE TO LEISURE AND CONSTRUCTION OF A 9 HOLE GOLF COURSE

LOCATION: SITE ADJACENT TO THE STABLES, PALACERIGG ROAD, CUMBERNAULD, G67 3Hu

Ward No: 59 Grid: 276518 - 673058 File Reference: GL Site History: CN/82/3 - Golf Driving Range granted 29th March 1982 CN/82/70 - Change of Use to form Licensed Premises granted 20th December 1982 PA90/029 - Extension to lounge and adhtion of restaurant granted 6th March 1990.

Development Plan: Zoned as open space in the Cumbernauld Local Plan adopted 1993.

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: Transco, Scottish Power, West of Scotland Water, The Coal Authority, Department of Leisure Services, The Scottish Sports Council No Reply: Scottish Natural Heritage Conditions: SEPA, East of Scotland Water

REPRESENTATIONS:

Neighbours: One letter of representation received Newspaper Advert: Not Required

COMMENTS: This application proposes the change of use from agricultural to leisure use and the construction of a nine hole golf course on land adjacent to The Stables, Palacengg Road, Cumbernauld.

The applicant does not own all of the land included with the application site, the majority of the site is owned by the Council. The applicant is currently close to concluding a deal with the Council to lease the land (with an option to buy) for 30 years.

The application site lies on the south eastern periphery of Cumbernauld and is zoned as open space in the Cumbernauld Local Plan.

One/

24

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One letter of representation has been received the contents of which will be detailed in the accompanymg report.

RECOMMENDATION: Grant, subject to the following conditions:

1, That the development hereby permitted shall be started wibfive years of the date of this permission.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997

2 That except as may otherwise be agreed in writing by the planning authority, no further work shall take place on the construction of the 9 hole Golf Course hereby permitted until such times as a scheme of landscaping, includmg boundary treatment, which expands upon the details shown on the approved plans has been submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:- (a) details of any earth mouldmg and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) details of the phasing of these works.

Reason: In the interests of visual amenity and to preserve and enhance the landscape character of the area.

3. That prior to the opening of the 9 hole golf course hereby permitted, all planting, seedmg, turfing and earth mouldmg included in the scheme of landscaping and planting, approved under the terms of condtion 2 above, shall be completed and any trees, shrubs, or areas of grass whch &e, are removed, damaged, or become dseased, wibfive years of the completion of the development, shall be replaced withm the following year with others of a similar size and species.

Reason In the interests of visual amenity and to preserve and enhance the landscape character of the area.

4. That no trees withm the application site shall be lopped, topped or felled and no shrubs or hedges, shall be removed from the application site, without the approval in writing of the Planning Authority.

Reason: Zn the interests of visual amenity and to preserve and enhance the landscape character of the area.

5. That before any further work on the development hereby permitted starts, tree protection measures in accordance with British Standard BS 5837 shall be erected along the dnp line of the trees, as shown on the approved plans, and shall not be removed without the approval in writing of the Planning Authority.

Reason: To protect the existing trees during the construction of the course both in the interests of visual amenity and to preserve the landscape character of the area.

6. That/ 25

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6. That before any further work is camed out on the construction of the 9 hole golf course hereby permitted, a scheme will be submitted for the written approval of the planning authority, including any modifications as may be required for the protection of the badger sett which is located close to the 3rd green as detailed on the approved plans and this scheme shall include the submission of any revised drawings as may be necessary.

Reason: In the interests of nature conservation and because badgers are a protected species under the terms of the Wildlife and Countryside Acts

I 7. That a visibility splay of 2.5 metres by 120 metres, measured fiom the road channel, shall be provided on both sides of the vehcular access and before any further work is camed out on the construction of the 9 hole golf course hereby permitted, everytlmg exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: In the interests of traffic safety

8, That before any further work is camed out on the construction of the 9 hole golf course hereby permitted, a scheme shall be submitted for the written approval of the planning authority, including any modfications as may be required detailing the parlung arrangements for the site that will comply with the Roads Guidelines as issued by the council as Roads Authority. For the avoidance of any doubt the scheme shall include such detailed plans as necessary to identify the following:-

(a) The plans will show the areas of ground that will be used to accommodate the vehcles of visitors to the pub, the driving range and the golf course. (b) The plans will detail the manner in which parking spaces will be identified on the ground. (c) The plans will detail the surfacing material to be used and the way in which the carpark will be drained

Reason: To ensure the provision of adequate parlung facilities wibthe site.

List of Background Papers:

Application form and Plans Consultation responses from: Transco dated 16th December 1998; Scottish Power received 18th December 1998; West of Scotland Water dated 16th December 1998; SEPA dated 17th December 1998; East of Scotland Water dated 18th December 1998; The Coal Authority dated 21st December 1998; Department of Leisure Services dated 15th. January 1999; The Scottish Sports Council dated 19th January 1999 and The Transportation Manager dated 25th January 1999. Letter of representation from Mr J Dickson, West Waterhead Cottage, West Waterhead, Palacerigg Road, Cumbernauld, G67 3HT dated 22nd December 1998 Cumbernauld Local Plan adopted 1993 PAN43 on Golf Courses and Associated Developments

Any person wishing to inspect these documents should contact Graeme Lee on 01236-61 6474

Comaps98/980 1640F/gl25Jan/jk 26

APPLICATION NO: N/98/01640/FUL

1. SITE AND PROPOSAL

1.1 The proposed development involves the construction of a 9 hole golf course on currently underused agricultural land to the south east of Cumbernauld. The land is adjacent to the stables on Palacerigg Road. This existing development includes a barhestaurant and golf driving range.

1.2 The site is on the south eastern periphery of Cumbernauld and the immediate surroundmg land uses are as follows. To the north west is Lenziemill Industrial area, to the south is the village of and to the north and east is agricultural landlcountryside. Over and above the dwelling associated with the stables there are 3 other residential properties in close proximity, namely West Waterhead Cottage, East Waterhead Cottage and Greenside. West Waterhead Cottage lies immediately adjacent to the proposed golf course. Greenside is on the opposite side of Palacerigg Road but set back and East Waterhead Cottage is set back over 35 metres from the access road to The Stables.

1.3 The site is zoned as Open Space in the adopted Cumbernauld Local Plan and is covered by Policy EN26 whch states that: “There will be a presumption against development in areas of open space ...... except where the development provides for outdoor recreation, nature conservation or landscape protection.”

1.4 The Scottish Office issued Planning Advice Note 43 (PAN 43) on Golf Courses and Associated Developments in April 1994. This document provides advice on good practice and other relevant information to be taken into consideration when considering such developments.

2. CONSULTATIONS AND REPRESENTATIONS

2.1 The consultation process has not resulted in any objections to the proposed development and any comments that have been received can be adequately covered by the imposition of planning conditions.

2.2 One letter of representation has been received from the occupier of West Waterhead Cottage not objecting to the development but seeking assurance that adequate screen planting will be provided for their property and that th~swill be planted prior to the course opening.

3. OBSERVATIONS

3.1 The proposed development accords with policy EN26 of the Cumbemauld Local Plan in that it will provide an outdoor recreational facility (a 9 hole pay as you play golf course). In land use terms there are also merits in the proposed development in that it will provide a ‘buffer zone’ around Luggiebank if in the future the town were to expand to the south east.

3.2 The majority of land witlun the application site is owned by the Council and is currently leased to the applicant. The Council approved a new 30 year lease (including an option to buy) at the Building and property Sub Committee on 5th. January 1999. The negotiations regarding the lease are still on-going and should be concluded in the near future.

3.3 The/ 27

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3.3 The Committee should also be aware that the applicant has commenced the development on an unauthorised basis. Work has started on the formation of tees and greens, also drainage works and works to trees and hedges have been camed out. The applicant was advised by letter to stop work and await the determination of the application. The applicant, in mitigation advised that work had started in advance of permission being received because of the long lead in time and the need to get a return on the required investment as soon as practicable. Delaying until the application was determined would add one year onto the development phase of the project.

3.4 The representation fiom the occupant of West Waterhead Cottage is valid in planning terms. The property is immediately adjacent to the proposed golf course and its western elevation overlooks part of the proposed course. There is currently a significant amount of planting around the property and this will be augmented as part of the proposed development. The bulk of the proposed tree planting associated with the development is around West Waterhead Cottage. As requested a condition can be imposed to ensure that the landscaping is implemented prior to the course opening.

3.5 Planning Advice Note 43 on Golf Courses and Associated Developments issued by the Scottish Office concludes that the need in Scotland is primarily for modestly budgeted new courses and the enhancement of existing facilities with the aim of meeting the demand of potential golfers currently unable to enter the sport. A 9 hole pay as you play golf course attached to the existing facilities will meet th~scriteria by providing an opportunity for new participants in the game to learn the basics at the dnving range and then play the course.

3.6 PAN 43 was prepared in conjunction with the Scottish Sports Council and in their consultation response the Sports Council were supportive of the proposed development. Despite the fact that there are 4 courses in the Cumbernauld and Kilsyth Area only one is a public course (Palacengg Golf Course owned by the Council). The Sports Council’s analysis of supply and demand indicates that witlun Cumbernauld and Kilsyth and the Coatbridge Areas there is a demand for six 9 hole municipal courses. The proposed development will assist in meeting some of the identified demand. Consideration was given to requiring the applicant to enter into a Section 75 Legal Agreement whch would ensure that the Golf Course operates on a pay-as-you-play basis. However, thls matter will be addressed under the terms of the lease and it is therefore not necessary to duplicate th~srequirement \.ia the planrung legislation.

3.7 PAN 43 also addresses the loss of agricultural land to golf course development and seck to protect prime agricultural land (grades I, 2 and 3.1). The land in question is grazing ground and IS not prime agricultural land. The land is currently underused and as such the loss of this agricultural land to a golf course would not justify refusing planning permission.

3.8 The proposed development will also create new jobs, both during the construction phase and thereafter once the course opens for play. The applicant has estimated that between 5 - 10 new jobs will be created over the first 3 years of the project. It is also hoped that it may be possible to create opportunities for young people to be trained under the ‘welfare to work’ initiative.

3.9 The Transportation Manager has indxated that he would seek improvements to the access and also that the proposed Golf Course will generate an adchtional parkmg requirement of 24 spaces. The applicant believes that th~scan be provided within the existing car park at the Stables whlst leaving sufficient spaces for the existing dnving range and bar/restaurant. Planning conditions can be imposed to ensure that sufficient carparking provision is made on site and that the access improvements are camed out. Otherwise the Transportation manager has no objection to the proposed development.

3.101 28

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3.10 The occupier of East Waterhead Cottage which is situated close to the access road to the Stables has not objected to the proposed development. It is considered that the proposed development will result in increased vehicular movements on the Stables access road and this may well result in some loss of amenity. However, given that the property is set back over 35 metres from the access road this is not considered to be so significant as to justify refusing planning permission.

3.11 A number of recommendations regarding the proposed development have been made by the Department of Leisure Services. These can all be covered by the imposition of planning conditions as, in the main, they relate to matters concerning the landscaping scheme. The presence of a Badger Sett adjacent to the proposed course has been highlighted and a condition has been imposed to ensure that the sett is protected in situ. In general, Leisure Services are satisfied that the proposed course can be laid out with the minimum loss of ecological interest and in such a manner that will not be detrimental to the landscape character of the are.

3.12 The existing stables development is badly in need of further investment and the proposed development is envisaged by the applicant as being the first of three phases of investment. Given the Local Plan Policy and the advice contained in PAN 43 the proposed development is considered to be acceptable in planning terms.

4. RECOMMENDATION

4.1 The proposed development is considered to be acceptable in planning terms, it is in accordance with the policies contained in the Cumbemauld Local Plan, it will result in some much needed investment at the Stables and go some way towards meeting the need for new golf facilities identified by the Scottish Sports Council. It is therefore recommended that planning permission is granted. 29

Application No: NI9810 1642lADV

Date Registered: 4th. December 1998

APPLICANT: HIGHCROSS CUMBERNAULD LTD

Agent: Kmg Sturge & Co.

DEVELOPMENT: ERECTION OF HOARDING

LOCATION: SITE ADJACENT TO ROUNDABOUT, BLAIRLINN ROAD, BLAIRLINN INDUSTRIAL ESTATE, CUMBERNAULD

Ward No: 59 Grid: 276216 - 672635 File Reference: IE Site History:

Development Plan: Cumbernauld Local Plan Policies IB 1, 2, 4 - Existing industrialhusiness areas to be retained.

Contrary to Development Plan:

CONSULTATIONS:

Objection: No Objection: East of Scotland Water No Reply: West of Scotland Water Conditions:

REPRESENTATIONS:

Neighbours: One letter of objection from an operator within Blairlinn Industrial Estate Newspaper Advert: Not required

COMMENTS: This retrospective application is for a sign erected by the owner of the Estate but which has since been blown away by the recent gales. The sign advertises land and Units for sale and to let within the Estate, and if it was erected on Estate land it would be permitted development. However, it is on Council land margdly outwith the Estate.

The objector objects to the sign because “this sign detracts from the attractive appearance of the Estate and gives visitors to the factories on the Blairlinn Estate the impression there are vacant factories in the area whch can be harmfi2l to the promotion of the products manufactured in the area”.

There/

31

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There may be some validlty to this view but I am of the opinion that the Estate Owner should be allowed to advertise vacant property and land to secure tenancies, employment, economic re-generation and development. Vacant property can easily fall into &+repair and "have a poor appearance presenting a rundown image leadmg to the opposite effect.

In this instance I consider that the sign should be allowed for the benefit of the Estate Owner with limits on its lifespan and its content, and I recommend approval on this basis.

RECOMMENDATION :

1. That the permission hereby granted shall ensure solely for the benefit of Highcross Cumbernauld Ltd

Reason: In order to retain effective control and in the interests of amenity.

2. That the permission hereby granted is for a temporary period only and should expire on 3rd. February 2000.

Reason: In order to retain effective control and in the interests of amenity.

3. That the content and text of the advertisement displayed upon the hoarding hereby approved shall relate solely to land and buildings for sale or for rent within the adjacent Blairlinn Industrial Estate.

Reason: In order to retain effective control and in the interests of amenity

List of Background Papers:

Application form and plans Cumbemauld Local Plan Letter fiom East of Scotland Water dated 18th. December 1998 Letter fiom Tradtional Weatherwear Ltd dated 17th. December 1998.

Any person wishing to inspect these documents should contact Iain Ewart on 0 1236-6 16472.

Comaps98/9801642IADVlW2 1jan/JK 32

Application No: N/98/01671/FUL

Date Registered: 9th. December 1998

APPLICANT : MR. A. CONLON, KILRAE, BARR PATH, KILSYTH G65 OAX MR. J. FERGUSON, ROWANBANK, BARR PATH, KILSYTH G65 OAX.

Agent: None

DEVELOPMENT: ERECTION OF 2 No. DWELLINGS IN OUTLINE

LOCATION: BARR PATH, KILSYTH

Ward No: 63 Grid: 272646 677424 File Reference: PW Site History: 70/44 1 Erection of Workshop

Development Plan: &lsyth Local Plan 1983 zoned withm residential area. filsyth Local Plan Finalised Draft 1996 Policies HG3-5 - Development Control in residential areas.

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: Fire Brigade No Reply: Conditions: West of Scotland Water

REPRESENTATIONS:

Neighbours: None Newspaper Advert: Not required

COMMENTS : Thls application is for outline permission for the erection of two dwellings on land at Ban Path, Kilsyth. The application has been made jointly by both owners.

The site is currently partially occupied by timber building whch is used for vehcle repairs and is surrounded by residential properties of varying periods and styles.

The site is covered by policies HG3-5 in the Kilsyth Local Plan Finalised Draft 1996, whch seeks to provide satisfactory Development Control standards wihexisting residential areas.

The site is located in a secluded Cul-de-sac comprising of old tradtional stone cottages and dwellings from the turn of the Century to the 1970’s.

However1 and may lead pmxw,an or Cnil pmcrcd "0' 35 Licence LA 09MlL No funher coples may be made I0 34

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However, the existing vehicular access onto Coach Road is sub-standard with poor lines of visibility.

It is not considered appropriate to intensify the use of thls sub-standard vehicular access whch would be to the detriment of road safety. "his application is therefore recommended for refusal.

RECOMMENDATION: Refuse for the following reason:-

1. The development of addtional dwellings at Ban- Path will intensify the use of the sub-standard .. vehcular access onto Coach Road to the detriment of road safety.

List of Background Papers:

Application Form and Plans Kilsyth Local Plan 1983 K~lsythLocal Plan (Finalised Draft) 1996 ConsuItation from the Transportation Manager dated 6th. January 1999

Any person wishmg to inspect these documents should contact Paul Williams on 0 1236-6 16464

Comaps98/980 167 1Fl25Jjan/PW/JK 35

APPLICATION NO: N/98/01671/FUL

1. SITE AND PROPOSAL

1.1 This application seeks approval for the erection of 2 No. dwellings in outline at Barr Path, Klsyth. The application has been made jointly by both owners of the land concerned.

1.2 The Adopted Klsyth Local Plan identifies the site as falling withm a residential area. The site also falls wihPolicies HG3 to HG5 in the Kilsyth Local Plan (Finalised Draft) 1996 whch seeks to promote appropriate development control standards wihexisting residential areas.

1.3 The site is currently occupied by a workshop whch is used for vehcle repairs and light engineering works. The surroundmg Barr Path cul-de-sac location is secluded and hstinctive in character with dwellings of varying periods and styles.

2. CONSULTATIONS AND REPRESENTATIONS

2.1 Summaries of consultation responses are as follows:-

Transportation Manager: Recommends refusal on roads safety grounds West of Scotland Water: Advises necessity for septic tank or pump Fire brigade: No objections.

2.2 No letters of objections have been received as a result of neighbour notification. However, the Transportation Manager has recommended that the application is refused on road safety grounds, as an addtional two dwellings would intensify the use of the sub-standard vehcular access whch has very proper lines of visibility onto Coach Road.

3. OBSERVATIONS AND CONCLUSION

3.1 The site is zoned for residential development and it is considered that two dwellings could be satisfactorily developed on site and integrated with the surroundmg residential area.

3.2 However, it is considered that the sub-standard vehcular access and the intensification of its use that an addtional two dwellings would cause, outweighs the site's characteristics and zoning as outlined in 3.1.

3.3 The vehcular access has very poor lines of visibility both left and right onto Coach Road which is classified and cames significant volumes of relatively fast traffic.

3.4 Th~sapplication is therefore recommended for refusal in the interests of road safety. 36

Application No: N/98/0 1727/AMD

Date Registered: 22nd. December 1998

APPLICANT: MORRTSON HOMES, ORCHARD BRAE HOUSE, 30 QUEENSFERRY ROAD, EH4 2US

Agent: c/o Alexander Russsell PLC, Park, Uddingston G71 5PH.

DEVELOPMENT: REMOVAL OF PE-DETERMINED UPPER CONSTRUCTION LIMIT OF 60 DWELLINGS PER YEAR THROUGH DELETION OF ANNEXED CONDITION 4A OF OUTLINE PLANNING PERMISSION NL/TP/96/0114 FOR RESIDENTIALLIGHT INDUSTRIAL DEVELOPMENT.

LOCATION: FORMER COLLIERY SITE, CARDOWAN ROAD, STEPPS, GLASGOW

Ward No: 66 Grid: 266920 668358 File Reference: MD Site History: TP/88/65: Reclamation of Colliery Site - Refused November 1998 for amenity reason. TP/89/77: Reclamation of Colliery Site - Approved September 1989. P/PPA/SL/84 1: Residentianight Industrial Development (Outline) - Approved on appeal April 1993. TP/94/268 (94/00420/PL): Construction of access road from Colliery Site to the M80 Crowwood Roundabout - approved November 1998 TP/95/207: Time Extension for reclamation works - Approved April 1995. TP/96/ 114: Time Extension for residentiauight industrial development (Outline) - Approved August 1996. N/97/00334/FUL: Residential development on Phases 1 & 2 of Colliery Site - Approved September 1998.

Development Plan: Strathkelvin District (Southern Area) Local Plan 1983: Zoned as Industrial Site (IND4), Greenbelt (E.PR02) (part site), and Unaffected by Specific Proposals (E.PR06) (part site). Northern Comdor Local Plan Consultative Draft 1998: Housing . Development Opportunity (HG 1/24).

Contrary to Development Plan: No

CONSULTATIONS:

Objection: Director of Education No Objection: No Reply: Conditions:

Representations1

i/ssljoanlcomaps98/980 1727A 26th January 1999 PLANNING APPLICATION: N/98/01727/AMD FORMER COLLIERY SITE, CARDOWAN ROAD, STEPPS.

Removal of pre-determined upper conslruclion limil of 60 dwellings per year

NS6668

1: 10000

Produced by Planning and Development Deparlmenl Northern Division Bron Way CUMBERNAULD G67 1DZ

Telephone 01236 616400 Fa. 01238 616420 38

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REPRESENTATIONS:

Neighbours: Six letters of objection includLng from Councillor B. Wallace and the Cardowan Tenants and Residents Association. Newspaper Advert:

COMMENTS: The application is for the removal of the upper construction limit of 60 dwellings per year for the residential development at the former Colliery Site, Cardowan Road, Stepps. This is sought through the deletion of - annexed planning conhtion 4A of renewed outline permission ’ NL/TP/96/0114 granted by Council in August 1996 for residentialhght industrial development. It should be noted that no change is being sought to the similar conhtion imposed in the detailed planning permission (N/97/00334/FUL) for residential development on Phases 1 & 2 of the Colliery Site in that the developers consider that ths limitation can be adhered to in two of the many phases of residential development. 136 dwellings have been approved under Phases 1 and 2 and as such the construction limitation will still imply to 30% of the full development.

The limitation of sixty dwellings per year was originally proposed by the applicants in order to help ensure that the new development did not potentially overwhelm the existing settlement of Cardowan. ThIs limitation was imposed as a planning condition by the Secretary of State and North Lanarkshre Council.

The applicant’s current t-g is however to have the residential development start at the east of the site at some distance from Cardowan adjacent to the new link road from the M80. They consider it important therefore to quickly establish an attractive and robust residential environment in what is currently a vast neglected wasteland. Th~swould require a greater rate of housebuildmg than sixty units per year. It is claimed that there should however be no undue extra affect on Cardowan due to the detached nature of th~spart of the site from the existing settlement.

The applicants also argue that they have had to outlay sigmficant start- up costs through the first phase construction of the link road from the M80 Crowwood Roundabout to the application site and due to large scale decontamination and consolidation works. They therefore require the best possible value when marketing housing phases covered by the outline residential permission to other developers. The removal of the upper construction limit of sixty dwellings per year would help in ths respect.

Objectors/

iJssijoanlcnmaps98l980I727A 26th January 1999 39

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Objectors have complained that the sixty dwelling annual limit is vital to ensure that Cardowan as a settlement plus schools, local facilities and roads are not overwhelmed. There is further concern that a quick building programme will create unacceptable nuisance conditions for local residents and may be the pre-cursor for a dlsregard of other conditions designed to safeguard the local community and environment.

The proposed residential, light industrial and landscaping development is a massive scheme whch will greatly benefit the local area by putting to productive use a vast degraded site. The integration benefits of a slow development programme are noted. These however must be weighed against the benefits of allowing the development to progress in a normal fashion i.e. letting the housing market dictate completion rates, and securing early significant site improvements through a potential increased rate of house buildmg.

It is considered reasonable to allow a potential increased housebuilding rate through the deletion of the relevant section of annesed planning condrtion 4A concerning the maximum annual house completion rate. It is therefore recommended that annexed condition 4A is deleted and is replaced by an amended annexed condition 4A whch has no reference to house construction rates. The amended condition should read as follows:-

“4A: Residential development shall extend over no more than 24 hectares of the site. The housing area shall be designed to integrate with the village of Cardowan.”

All other conditions are to remain as approved in the on_rinal and renewed outline permission.

RECOMMENDATION: Grant, subject to the following conditions:-

1. That annexed condrtion 4A of outline planning permission TP/96/114 for residentialtli_eht mdustrial development (granted by North Lanarkshre Council on 7th August 1996) shall read as follo\s s - “Residential development shall extend over no more than 24 hectares of the site. The housing area shall be designed to integrate with the village of Cardowan”.

Reason: In the interests of the residential amenity of Cardowan.

2. That all annexed condrtions (as amended) attached to outline planning permission TP/96/114 for residentiamight industrial development (granted by North Lanarkshre Council on 7th August 1996) shall apply to the site. (See Appendix 1)

Reason: In the interest of amenity, road safety, public safety and public health.

2sdj odcomaps9 8/980 172 7A 26th January 1999 40

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List of Background Papers:

Application form and plans Strathkelvin District (Southern Area) Local Plan 1983 Northern Comdor Local Plan Consultative Draft 1998 Strathclyde Structure Plan 1995 Consultation memos from the Director of Education and the Transportation Manager Letters of representations from Mr. R. Grant, Chairperson, Cardowan Tenants and Residents Association, 70 Frankfield Road, Cardowan, Stepps; Caroline F. Glasgow, Chair Person, Stepps Primary School Board, School Road, Stepps, G33 6HN; Councillor Brian Wallace, 11 Campsie View, Stepps G33 6HF; Mr. D. Ross, 16 Drimnin Road, Cardowan, Stepps G33 6AT; Mr. W, McElveen, 5 Gamlurk Lane, Cardowan, Stepps G33 . 6BD; Mr. I Boyce, Boyce Consultancy, 50 George Street, Glasgow G1 IQE.

Any person wishmg to inspect these documents should contact Martin Dean on 0 1236-6 16459

ilss/joanlcomaps98/980 1727A 26th January 1999 41

APPLICATION NO: N/98/01727/AMD

1. SITE AND PROPOSAL

1.1 The application is for the removal of a planning requirement that there be an upper construction limit of 60 dwelling per year at the Cardowan Colliery Site, Cardowan Road, Stepps. Thrs change is being sought by the removal of the relevant annexed planning conhtion on the outline planning permission for residentiaVdevelopment as renewed in August 1996 (TP/96/114). It should be noted that the applicants are not wishmg to delete this construction limitation on the recently granted detailed planning permission for housing on Phases 1 and 2 of the site. The applicants consider that this limitation can be kept to if there is no construction constraint for the rest of the site. A limitation on marketing rates would stilltherefore apply to 136 approved dwellings whch represents 30% of the full development.

1.2 The limitation of sixty dwellings per year was originally proposed by the applicants in order to help ensure that the new development did not potentially overwhelm the existing settlement of Cardowan. Thls limitation was imposed as a planning condtion by the Secretary of State and North Lanarkshre Council.

1.3 The applicant’s current thinlung is however to have the residential development start at the east of the site at some distance from Cardowan and adjacent to the llnk road from the M80. They consider it important therefore to quickly establish an attractive and robust residential environment in what is currently a vast neglected wasteland. Tlm would require a greater rate of housebuilding than sixty units per year. It is claimed that there should however be no undue extra affect on Cardowan due to the detached nature of hspart of the site from the existing settlement.

1.4 The applicants also argue that they have had to outlay sipficant start-up costs through the first phase construction of the lmk road from the M80 Crowwood Roundabout to the application site and due to large scale decontamination and consolidation works. They therefore require the best possible value when marketing housing phases covered by the outline residential permission to other developers. The removal of the upper construction limit of sixty dwellings per year would help in this respect.

1.5 The site is covered by the following policies: Strathkelvin District (Southern Area) Local Plan 1983: Zoned as Industrial Site (lND4), Greenbelt (E.PR02) (part site) and Unaffected by Specific Proposal (E.PR06) (part site). The Northern Corridor Local Plan Consultative Draft 1998 has the site identified for Housing Development Opportunity (HG1/24).

2. CONSULTATIONS AND REPRESENTATION

2.1 Summaries of consultations responses are as follows: Director of Education: There is a lack of capacity in local schools. The proposal will worsen the problem. Transportation Manager: No objections

2.2 6 letters of objection have been received including objections from Councillor B Wallace and the Cardowan Tenants and Residents Association.

i/ss/joanlcomaps98/980 1727A 26th January 1999 42

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2.3 Points of objection are as follows: - 60 dwelling per year would allow acceptable integration of the proposed development into Cardowan and has always been promoted by the applicants as a key element of the development. This has been accepted by The Secretary of State, Strathkelvin District Council and North Lanarkshire Council. An unregulated rate of development would put unacceptable strain on local schools, community facilities and roads. No reliance can be placed on the applicant’s proposals to alter the phasing of developments to reduce any adverse affect on Cardowan. - The developers should have tailored their finances to cope with the 60 dwellings per year limit. A suitable residential environment could be established with this limit. Increased houses at eastern end of the site may conflict with heavy vehcle use of the access onto Crowwood Roundabout. This is likely to result in pressure by new residents to use the Cardowan Road access point to the detriment of local residents. - Increased building activity related to an uncontrolled house building rate will adversely affect the . amenity of nearby residents. - There can be no reliance that the developers will wish to comply with other planning restrictions ’ placed on them. - An early completion of the approved housing development may lead to an attempt to have further housing in place of the approved light industrial units. This would be to the detriment of local employment opportunities. - An increased rate of housing development will be to the detriment of local wildlife. - An increased rate in house building may lead to increased usage of Gamlurk Lane. - An increased rate of development will hmder residential development in other local sites such as the Frankfield Loch Area. - The application is premature as the Northern Corridor Local Plan is not adopted. This Local Plan should have policies on house buildmg rates. - The submission of the application during the Chnstmas holiday period has hmdered the submission of objections. There has been undue urgency in processing the application. - There is doubt over the applicant’s ownershp of part of site adjacent to Dorlin Road.

3. OBSERVATIONS AND CONCLUSION

3.1 The main points of concern relate to potential integration problems, loss of amenih. and road safety, potential changes to the approved scheme and local plan issues.

Integration: It is accepted that a greatly increased house buildmg rate may have some affect on the relationshp of the new development to the existing settlement. Leaving house buildmg rates to market . forces is not however likely to lead to vastly increased rates of building in the long tcrm lhs expectation is based on sales rates at other Northern Conidor sites. As such problems of lack of integration are unllkely to be a significantly greater problem if house building rates are removed from the terms of the planning permission. The limited capacity of local schools will remain a serious problem but the problem should not be greatly worsened by leaving construction rates to market forces.

Amenity/Road Safety: As covered above it is not anticipated that there will be markedly increased long term house buildmg rates. Any local amenity problems caused by increased levels of development would be balanced by an earlier hshto development works. A deletion of house building rates from the planning permission will not affect the consolidatioddecontamination works whch are to be carried out as a single initial contract over the full residential site.

The Transportation Manager has no objections to unregulated house building rates.

ilssijoadcornaps98i980 1727A 26th January 1999 43

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Changes to Approved Scheme: It is normal for the development details of any large scheme to change over time. Any request for alterations to existing planning condtions would be treated on their own merits through the required planning application. Industrial development (wihthe Glasgow City boundary) is a fundamental part of the planning permission and it is not anticipated that any change to this requirement would be approved by Glasgow City Council.

Local Plan: The Northern Comdor Consultative Draft Local Plan 1998 identifies the site for housing development. Information notes associated with the relevant policy indcates 440 dwellings have been approved and that there is a condhonal maximum construction rate of 60 dwellings per year. Th~s reference reflects the existing situation rather than an attempt via the local plan to integrate this development with other residential developments in the Northern Comdor Area. Should it be the decision to delete hsannual construction rate via the current application it would be appropriate to similarly amend the Local Plan.

Other Points: There should be no increased adverse affect on wildlife as under the terms of the existing detailed approval (N/97/00334/FUL) the full residential area will be disturbed in a single phase for decontaminatiodconsolidation works. The timing of the application is a matter for the applicants and relates to their development timescale for the site. There has been no undue haste in processing the application as Government guidance is that applications should, where at all possible, be processed within 2 months. This requires that the application go before the 3rd February Planning and Development Committee. With respect to land ownershp the applicants have indcated that they own the land in question. It is anticipated that there will be a greater use of Garnlurk Lane as th~sis an approved pedestrian route from part of the site to Cardowan Road.

In conclusion it is considered that the residentialhght industrial development is a major brownfield development whch will greatly enhance the amenity of what is currently a devastated and dangerous site. Withm reason every encouragement should be given by the planning authority for this development. It is not anticipated that there will be any significant loss of amenity through house building rates being dictated by market forces rather than by the existing planning condrtion.

It is recommended that planning permission be granted for the deletion of the relevant annexed condition (annexed condtion 4A of outline planning permission NL/TP/96/0114) for the renewed residentiauight industrial outline permission. The following condtion should be substituted such that there is no reference to house buildmg completion rates.

“4a). Residential Development shall extend over no more than 24 hectares of the site and the maximum number of houses shall be 440. The housing area shall be designed to integrate with the villase of Cardowan.”

i/ss/jom~comaps98/9801727A 26th January 1999 44

Appendix 1 : N/98/01727/AMD

Conditions (as amended) attached to outline planning permission TP/96/114 for residentiavlight industria1 development at Former Colliery Site, Cardowan Road, Stepps (approved by North Lanarkshire Council on 7th August 1996).

1. The following shall be submitted to the planning authorities for approval:-

a) Detailed plans to a scale of not less than 1/500 showing contours, the position and width of roads, provision for car parlung, the siting of buildmgs, existing and proposed accesses, new walls and fences, proposed landscape treatment includmg existing trees to be maintained and planting to be carried out, chldren’s play areas, public open space and the phasing of the development. b) Detarled plans, sections and elevations of buildmgs to be erected on the site and, in particular, the proposed method of drainage, and colour and type of materials to be used externally on the walls .. and roofs.

Ln the event that it is not practical to submit comprehensive details under conditions la) and b), it would , be appropriate in the first instance to submit for approval an overall master plan.

Reason: As directed by the Secretary of State and to accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

2. In the case of any reserved matter, application for approval must be made before a) the expiration of three years from the date of the grant of outline planning mission, b) the expiration of six months from the date on which an earlier application for such approval was refused, or c) the expiration of six months from the date on whch an appeal against such refkal was dismissed, whchever is the latest, provided that only one such application may be made in the case after expiration of the three year period mentioned in a) above.

Reason: As dxected by the Secretary of State and to accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

3. The development to which the permission relates must be begun no later than whchever is the later of the following dates: a) the expiration of five years from the date of the grant of outline planning permission, or b) the expiration of two years from the final approval of the reserved matters or, in the case of approval of reserved matters on dfferent dates, the final approval of the last such matter to be approved.

Reason: As drected by the Secretary of State and to accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

4. Planning permission is not granted in respect of the indlcative plan submitted with the applications. Whether a comprehensive detailed proposal is submitted or an overall master plan is prepared, the following condtions shall apply:

a> Residential development shall exqend over no more than 24 hectares of the site and the maximum number of houses shall be 440. The housing area shall be designed to integrate with the village of Cardowan. b) The industrial and business class development shall in total extend over no more than 16 hectares of the site.

ilssljoart’comaps98’9801727.4 26th January 1999 45

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c) The balance of the site, including the link road to the Gateside roundabout, shall be landscaped andor planted in a manner to be agreed with the relevant planning authority, and detailed proposals shall be submitted showing the nature of the intended landscaping andor planting, evidence to demonstrate that there shall be no detrimental effect on the hydrology of the surrounding areas in terms of nature conservation, and details of maintenance and management arrangements. d) All construction traffic related to any part of the development, other than traffic required for the construction of the bridge and llnk road, shall be precluded from entering the site via Cardowan Road. Connection of the access llnk to the Gateside roundabout shall not take place prior to January 1994 unless otherwise agreed with the trunk roads authority. Once thls llnk is complete, no vehlcles, including those involved in site restoration, shall enter or leave the site via the existing access at Cardowan Road. An agreed method of closing the new access shall be provided and the proposed permanent link to the new development shall not be available for vehicular traffic until one month prior to the availability of any new houses for sale. Provision for the Cardowan Road access shall be the subject of a further planning application relating to all the required land, and without the appropriate planning permission no part of the development may proceed. The access from Cardowan Road shall incorporate traffic calrmng measures to dissuade the use of the road by through traffic or vehicles travelling from the industrial and business park elements of the development. e) Drainage proposals, includmg any need for pumping, balancing ponds and oil interceptors, shall be to the satisfaction of the planning authorities in consultation with the sewerage and river purification authorities. f) Records shall be provided for each phase or section of development to indicate that methane monitoring has been undertaken to indicate the level of gas that is present and, if necessary, buildings and engineering works shall be design to resist methane construction damage. g) The shaft in the north eastern section of the development site and the two shafts close to the line of the Gateside Roundabout lmk shall be located and rendered safe prior to any other part of the development commencing. h) Documentary evidence shall be provided indicating the minimum safe &stance from each shaft in the site within whch development could be permitted and, in any event, development shall not be undertaken withm a radius of 15m of the centre of any shaft. i) Provision shall be made to ensure that at all times during the implementation of the development adequate provision is made to ensure that watercourses wihor adjacent to the site do not suffer from silting due to construction works, and the quantity and equality of water flow shall not be sigmficantly reduced at any time. j) The footpath whch follows the northern boundary of the site is registered as a right of way by Strathkelvin District Council, and it shall be maintained free of obstruction at all times. Details of how ths requirement shall be achieved shall be submitted to the Planning Authority for approval. If temporary or permanent diversions are proposed the alternative route shall not be sipficantly more onerous than the present. Ln the event of a statutory &version order being required following any agreement on route diversion, the developer shall undertake to meet the costs incurred by the Planning Authority. k) The contour plan prepared in terms of condtion la) or as part of the master plan shall indicate drainage patterns and watersheds. Development shall not be proposed in that part of the site draining to Gartloch Flood.

ilssijoanicornaps98/9 80 1727A 26th January 1999 46

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1) The restoration of the site shall meantime be subject to the terms of existing permissions issued by Strathkelvin and the City of Glasgow District Councils, and proposals shall be submitted for approval indxating any proposed revised landscaping measures to be undertaken prior to the final development of those parts of the site approved for residential, industrial and business class uses. In any event, no development shall take place prior to the restoration of the site as approved, or in terms of approved amended proposals, with the exception of the link road access from the Gateside Roundabout.

Reason: As directed by the Secretary of State and in the interests of amenity, road safety, public safety and nature conservation and for the avoidance of doubt.

5. The business use development shall be designed in such a way as to meet the following criteria:

Business class developments shall be capable of accommodating all forms of Class 4 business uses, namely offices, other than a use within Class 2 (financial, professional and other services); light industrial uses; and research and development activities. Buildings in business class developments shall be capable of accommodating this flexibility.

A minimum of 30% of the site area shall comprise soft landscaping

Buildmgs shall generally be a maximum of two storeys in height. Exceptions to th~swill o& be considered where, for townscape reasons, developments of greater height would be appropriate. In all circumstances buildings shall be constructed to a high standard of hsh.

The plot ratio shall not exceed 0.6 to 1

Car parkmg for a minimum standard of one space for every 50sq.m. of gross floor space shall be provided. Four per cent of the total shall be reserved specifically for the disabled and laid out to the appropriate standard.

Provision shall be made for service vehcles, including heavy goods vehcles, e.g. turning circles, loading bays etc.

provision shall be made for on-site management, including a landscape maintenance contract,

Reason: As drected by the Secretary of State and in the interests of amenity, road safety and for the avoidance of doubt.

6. No housing shall be located withm 76m of each side of the ProvdGlenmavis gas pipeline.

Reason: As hrected by the Secretary of State and in the interests of public safety.

7. A 1.8m hgh weldmesh fence to protect the site from the railway line shall be provided prior to any development on the site, and maintained thereafter.

Reason: As drected by the Secretary of State and in the interests of public safety.

iissfjoanicomaps98i980 1727A 26th January 1999 47

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8. In the event of the link road from the M80 roundabout to the site being completed prior to the completion of Stage 2 of the M80, the development shall not be commenced until such time as temporary traffic signals have been installed at the point of access with the roundabout, subject to their removal on completion of Stage 2 of the M80.

Reason: As directed by the Secretary of State in the interests of road safety.

9. No development authorised by hspermission shall be camed out between the hours of 11.OOp.m. and 7.00a.m.

Reason: As drected by the Secretary of State and in the interests of residential amenity.

i/ss/joankornaps98/9801727A 26th January 1999 48

Application No. C/98/0 1106/FUL Date registered 3 August 1998 APPLICANT MR W MCALLISTER, WHINIUGG FARM, ROAD, RIGGEND, ML6 7SS Agent DEVELOPMENT FIRST FLOOR EXTENSION TO KENNEL ADMINISTRATION BLOCK TO FORM FLATTED DWELLINGHOUSE

LOCATION WHMRlGG FARM, RIGGEND, AIRDRIE

Ward No. 45 Grid Reference 276543 670350

File Reference CPLRGS72850 12000/GQ/KH

Site History On 21st October 1997 planning permission (C/95/608) was granted for the erection of dwellinghouse and various buildmgs associated with use of site as animal boarding kennels, at Whinrigg Farm, 501 Stirling Road, Riggend. At present, the establishment buildings are under construction, whlst a start is still T. to be made on the dwellinghouse.

Development Plan Under the Adopted Monklands District Local Plan 199 1 the site lies witlun the designated greenbelt (Policy GB1).

Contrary to Development Plan Yes

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS Neighbours No response

Newspaper Advertisement No response

COMMENTS The applicant, Mr McAllister, of Whinrigg Farm, seeks planning permission for the creation of a flatted dwellinghouse on the first floor of the adrmnistration block of the approved kennel establishment. The purpose of ths residential unit is to provide permanent residential accommodation as supervision for the animal boarding business.

As already noted , planning permission (C/95/608 see above) was granted for both the animal boardmg use and associated buildmgs and dwellinghouse. At that time, it was considered, in accordance with normal planning practice, that the dwellinghouse was acceptable witiun the greenbelt under the special circumstances of the need for support and continuous supervision of the operation. Indeed, in tlus regard, a Section 75 Agreement was agreed between the Council and Mr McAllister to ensure that any dwellinghouse built was stnctly tied to the business.

R9801106.DOC

50

In effect, through this current application, a second residential unit is being sought by the applicant.

In accordance with normal planning practice the need for this unit, like the first, requires to be justified by under greenbelt policy.

Therefore, with caution naturally being expressed over this additional proposal, the applicant was advised that a business plan would be required in support of this new proposal. The applicant, despite being advised of the importance of this requirement refused to provide the business plan, claiming that the existing information submitted in the previous application, including the business plan would be sufficient. In response, the Department reaffirmed that an enhanced business plan would be required demonstrating the need for 2 residential units as opposed to the single unit currently approved.

The applicant, through correspondence, and a meeting involving both himself and the local member, Councillor Cox, was fully informed of the Department’s position, but still refused to provide the enhanced business plan. Furthermore, he pressed that the application be processed on the basis of the existing information. 1. In a final letter to Mr McAllister it was confirmed that on the basis of the existing information a residential unit is required to support the business as borne out by the existing planning permission. Furthermore, it was put to the applicant that he would only be able to pursue one of the options i.e. the existing approved dwellinghouse which is still to be constructed, or the new proposed flatted unit relinquishing the said dwellinghouse.

Having had received no positive response, I have no option but to recommend refusal of the proposal on greenbelt policy grounds.

RECOMMENDATION

It is recommended that planning permission be refused for the following reason:

1. The proposal is contrary to Policy GBI of the Adopted Monklands District Local Plan 1991 as the applicant has failed to demonstrate special circumstances that would justify a residential unit within the greenbelt. Specifically, the applicant has failed to demonstrate the need for an additional residential unit to the dwellinghouse previously approved under planning permission Cl951608.

List of Background Papers

- Application form and accompanying drawings. - The Adopted Monkland District Local Plan 1991. - Previous planning permission C195608.

Any person wishing to inspect the above background papers should telephone Coatbridge 812381 and ask for Mr Quinn.

R9801106.DOC 51

Application No. C/98/0 1146/FUL Date registered 10 August 1998 APPLICANT PETER ROLINK, 45 WELLSIDE AVENUE, AIRDRIE

Agent None DEVELOPMENT SITING OF A MOBILE SNACK BAR LOCATION COATBRIDGE GOLF CLUB, TOWNHEAD ROAD, COATBRIDGE

Ward No. 31 Grid Reference 27 1256 - 66632 1

File Reference CPL/CTT8 12 1492000/GB/md

Site History . None

Development Plan Policy GB1 of the Strathclyde Structure Plan 1995

Policies LR9, LR11, T06, GB1, CU1/3, CUM, LI1/1 of the adopted Monklands Distnct Local Plan.

Contrary to Development Plan No

CONSULTATIONS

Objection NLC Director of Leisure Services (Head of Sport and Recreation) No Objection NLC Head of Protective Services Conditions No Reply

REPRESENTATIONS Neighbours No Response

Newspaper No Response Advertisement

COMMENTS The Director of Leisure Services has expressed concern about this proposal as there is concern that the proposed snack bar will conflict with the operation of the adjacent public house and restaurant. The property is owned by thc Council and the publican is a lessee of the Council. This is similar to another liccnccc objecting on the grounds that the proposal would act as competiuon 10 his business. Such an issue is not a material consideration in a planrung application

The proposed snack bar is situated in the public car park for the golf club and dnving range. There are sufficient parlung facilities withm the car park to accommodate the snack bar and its customers. Further to th~sno objecuons have been received from the nearest residents on Townhead Road and Deveron Street. These houses are approximately lOOm away and I consider that th~sis sufficient distance to prevent any nuisance from noise or coolung smells.

Having taken account of the comments received from the other departments of the Council and assessed the proposal in terms of the policies of the adopted Monklands Distnct Local Plan, I do not consider there to be any material objections to the proposal. It is therefore considered that planning permission should be granted for a temporary period of three years.

W801146.DOC \ \

Reproduced from Ordnance Survey with APPLICATION NO:-C/ 98/01 146/FUL N ~ the permission of the Controller of Her NORTH ? Majesty's Stationery Office 0 Crown SCALE 12500 I Copynght Unauthorised reproduction PROPOSAL/SITE: SITING OF A MOBILE SNACK BAR AT infnnges Crown Copyright and may lead COATBRIDGE GOLF CLUB, TOWNHEAD ROAD, to prosecution or civil proceedings COATBRIDGE North Lanarkshire Council Licence i 53

RECOMMENDATION

Grant, subject to the conhtions on the attached sheet.

List of Background Papers

- Plans and application forms submitted 10 August 1998 - Adopted Monklands District Local Plan 1991 - Consultation response from Head of Protective Services dated 26 August 1998 - Consultation responses from Director of Leisure Services dated 27 August 1998 - Consultation response from Head of Economic Development and Property dated 2 September 1998

Any person wishing to inspect the above background papers should telephone Coatbridge 812374 and ask for Mr Brown.

R9801146.DOC 54

CONDITIONS

1. That the planning permission hereby granted is for a temporary period only and shall expire on 18th November 200 1.

Reason: To enable the Planning Authority to retain effective control

2. That at all times the site shall be kept in a clean and tidy condition to the satisfaction of the Planning Authority.

Reason: In the interests of the visual and general amenity of the area.

R9801146.DOC 55

Application No. C/98/01363/OUT Date registered 5 October 1998 APPLICANT ARARAT LTD., 18 ST. GEORGE STREET, DOUGLAS, ISLE OF MAN

Agent Freeman Macleod, 38-40 New City Road, Glasgow DEVELOPMENT ERECTION OF 28 UNIT SHELTERED HOUSING COMPLEX AND MATRONS DWELLINGHOUSE LOCATION LAND TO THE REAR OF TURNER STREETKIRK STREET. COATBRIDGE

Ward No. 36 Grid Reference 273050664650

File Reference CIPLICTT899ICMES

Site History None

Development Plan Under the terms of the Adopted Monklands District Local Plan 1991 the application site is located within an area covered by the following policies:-

HG9 Housing Policy for Existing Residential Areas TRl Support Rail Transport

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection British Gas (Transco) Conditions Director of Environmental Services, West of Scotland (Water), The Coal Authority, No Reply British Telecom, Scottish Power

REPRESENTATIONS

Neighbours One letter of objection which was subsequently withdrawn following discussions between the neighbour and the developer.

Newspaper Advertisement Not Required

COMMENTS Planning permission is being sought in outline for a sheltered housing development comprising of 28 Units and Matrons dwellinghouse on land to the rear of Turner StreetKirk Street. The site boundary includes a disused industrial warehouse and area of public open space. The site is bounded to the north by a residential area and to the south by the main Coatbridge to Rutherglen Railway Line. The proposal accords with the terms of the local plan and raises no significant amenity concerns. It is my view that the proposal is acceptable and recommend that planning permission be granted subject to conditions.

RECOMMENDATION 9 Grant, subject to the conditions on the attached sheet.

R9801363.DOC

57

List of Background Papers

- Application Forms and Plans - Adopted Monklands District Local Plan 1991 - Consultation Responses from:- - West of Scotland Water received 2 December 1998 - The Coal Authority received 4 December 1998 - NLC Director of Environmental Services received 26 October 1998 and 12 January 1999 - BG (Transco) received 26 October 1998 - Letter of Objection from Mr and Mrs J. Reilly, 48 Turner Street, Coatbridge received 12 November 1998 - Letter from Mr and Mrs Reilly confirming withdrawal of the objection received 8 January 1999

Any person wishing to inspect the above background papers should telephone Coatbridge 812376 and ask for Mr Marshall. .

R980 1363.DOC 58

APPLICATION NO. C/98/00 136310uT

REPORT

1. SITE DESCRIPTION AND PROPOSAL

1.1 Planning consent is being sought in outline for a sheltered housing development comprising 28 units and a matrons dwellinghouse at a site located off Turner StreetKirk Street, Coatbridge. The site comprises a derelict industrial warehouse and public open space. It is currently in Council ownership. The site extends to approximately 0.78 ha. and is bounded to the north by a residential area and to the south by the main Coatbridge to Rutherglen Railway Line. A public footpath leads through the area of open space between Turner Street and Kirk Street.

1.2 An indicative layout plan was provided as part of the application, and this indicates that the site may accommodate a mix of single storey terraced dwellinghouses and two storey flats including associated service roads and parking areas. The Matrons or Wardens dwellinghouse would be situated at the head of a cul-de-sac, to the rear of the development. The provisional layout plan indicates that a vehicular access would be taken from the southern end of the site at Turner Street.

2. DEVELOPMENT PLAN

2.1 Under the terms of the Adopted Local Monklands District Local Plan 1991 the application site is located within an area covered by the following policies: HG9 Housing Policy for Existing Residential Areas and TR1 Support Rail Transport.

3. CONSULTATIONS/REPRESENTATIONS

3.1 No adverse responses were received from the above noted external consultees. However the Council’s Director of Environmental Services has requested that the developer should provide additional information relating to ground contamination treatment and railway noise impact assessment at the detailed planning application stage.

3.2 A letter of objection was received from Mr and Mrs J. Reilly, 48 Turner Street, Coatbridge who expressed concern over a loss of vehicular access as a result of the proposal. However following negotiations with the developer this objection has been withdrawn.

4. ASSESSMENT

4.1 The proposal generally accords with the terms of the local plan policies for the area. As noted above part of the site comprises a derelict industrial use and its removal would improve the visual amenity of the adjacent residential area. The loss of the area of public open space would not be considered significant. The public footpath through the site would require to be closed prior to development proceeding and the necessary statutory procedures undertaken by the authority.

4.2 The developer is aware of the Director of Environmental Services requirements and has agreed to provide additional information at the detailed planning stage (Reserved Matters).

4.3 The objectors concerns over the provision of an alternative access have been met by the developer and as noted above the objection has been withdrawn.

4.4 In view of the foregoing considerations it is my conclusion that the proposal would be acceptable in principle and recommend that planning permission be granted in outline subject to conditions.

R9801363.DOC 59

CONDITIONS:

1. That the development hereby permitted shall be started, either within five years of the date of this permission, or within two years of the date on which the last of the reserved matters are approved, whichever is the later.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997

2. That within three years of the date of this permission, an application for approval of the reserved matters, specified in condition above, shall be made to the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

3. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:-

the siting, design and external appearance of all buildings and other structures; the means of access to the site; the layout of the site, including all roads, footways and parking areas; the provision of a communal open spacekitting area; the details of, and timetable for the hard and soft landscaping of the site; details of the management and maintenance of the areas indentified in (d)and (e); the design and location of all boundary walls and fences; details of the proposed garage and vehicular access to no. 48 Turner Street; details of bin storage areas,and details of existing trees, shrubs and hedgerows to be retained.

Reason: To enable the Planning Authority to consider these aspects.

4. For the avoidance of doubt and notwithstanding the details requested by condition no. 3, no approval is hereby given for the indicative layout submitted with as part of this application.

Reason: To define the terms of the permission.

5. That no development shall commence on site until all the necessary procedures relating to the footpath closure are complete.

Reason: To ensure the satisfactory conclusion of the statutory procedure.

6. That the total number of dwellinghouses within the site shall be not more than 29

Reason: To safeguard the residential amenity of the area.

7 That before the development hereby permitted starts, a report shall be submitted to the Planning Authority regarding the stability of the site for the development proposed and this report shall be based on a professionally supervised and regulated boring programme.

Reason: To ensure the mineral stability of the area.

R9801363.DOC 60

8. That before development hereby permitted starts, a report describing the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority and the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.

Reason: To ensure that the site is clear of any contaminated material.

9. That no part of the development hereby permitted shall exceed 2 storeys in height and the dwellinghouses shall all have traditional double pitched roofs.

Reason: In the interests of visual amenity.

10. Notwithstanding the details requested at Condition No. 3(c) above, the following requirements shall be satisfied within the site.

(a) the provision of a 5.5 metre public road with 2 metre footways and turning circle. (b) car parking provision at 100% (for sheltered housing and/or 130% (for mainstream housing). (c) adequate vehicular access to the property at 46-48 Turner Street.

Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings and to ensure the provision of adequate parking facilities within the site.

R980 1363.DOC 61

Application No. C/98/01569/MIN Date registered 18 November 1998 APPLICANT G M MINING LTD, 9 CHARLOTTE SQUARE,EDINBURGH. EH2 4DR

Agent DEVELOPMENT ALTERATION TO PHASING OF EXCAVATIONS/RESTORATION AND BACKFILLING OF VOID LOCATION DRUMSHANGIE OPENCAST SITE, GREENGAIRS

Ward No. 44 Grid Reference 277834667268

File Reference CPLlGWG9OO (9)/LM/ES

Site History

1. Permission granted 29/3/93 for opencast extraction of coal, erection of associated buildings and plant and subsequent restoration of land (App. No. 91571)

2. Permission granted 27/1 Of97 for removalfamendrnent of conditions (App. No. 97499)

3. Permission granted 30/1/98 for formation of Road Crossings (App. No. Cl971499)

4. Permission granted 9/12/98 for extension to Working Area (in retrospect) (App. No. 98/01269/MIN)

Development Plan MINl - Mineral Extraction GBl - Restrict Development in the Greenbelt LIl/U - Low Quality Landscape

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection SEPA, Conditions Head of Protective Services NLC, Director of Leisure Services NLC, West of Scotland Water, Coal Authority, Scottish Power, Councillor Morgan, Transco and Health and Safety Executive No Reply British Telecom

REPRESENTATIONS

Neighbours No Response

Newspaper Advertisement No Response

COMMENTS The applicants seek permission to alter the phasing of their opencast coal excavations. No alterations are proposed to the site boundaries but the estimated timescale for completion of excavations has reduced from 9 years to 7 years. Members will recall the four recent reports to this Committee concerning this site and will be aware that this application is a response to the enforcement action taken by the Council. The alteration to the phasing generally only changes the order and shape of the phases worked, the size of each phase is relatively unchanged. This amendment is, therefore, not considered to adversely affect the

63

amenity of the area or that of nearby residents subject to there being sufficient bond to cover the amount of land disturbed at any one time. As a result of the Stop Notice served by the Council and subsequent legal ruling by the Court of Session the applicants have increased their bond for site restoration and aftercare by f500.000 taking the total to f2,133,000. The bond available has been assessed and the amount of ground presently disturbed and not yet brought back to final and satisfactory soil replacement results in a bond requirement of 52,797,620 under the approved system. There is therefore a shortfall of €663,670. Furthermore it is recommended that as the method of operations requires the operators to have more than one phase open at a time that the bond should allow for this and the next phase of working should be allowed for in the Bond provision. This brings the shortfall to €812,170. No final restoration has been carried out on this site to date, if it had, the bond requirement would not be so great.

It should be made clear that if in future the operators breach the approved sequence of phasing then an amended pIanning application will be required and the bond will require to be increased accordingly unless it has been offset by land satisfactorily restored. The Head of Protective Services has indicated that he has no formal objections to the proposed alteration to phasing.

In planning terms the proposal is considered acceptable and I recommend that permission be granted subject to the required bond being provided and the existing Section 75 Agreement being revised to take account of these alterations to the development.

RECOMMENDATION

Grant, subject to the conditions on the attached sheet, and a revised Section 75 Agreement and Bond relating to the restoration and aftercare of the site.

List of Background Papers

- Application Form accompanying plan and letter dated 16th November 1998. - Letter dated 2nd December 1998 from Greengairs Community Council. - Letters dated 26th November and 10th December from Transco. - Letter dated 3rd December from West of Scotland Water. - Letter dated 8th December from the Coal Authority. - Letter dated 8th December from Councillor Morgan. - Letter dated 13th January 1999 from Scottish Power. - Letter dated 13th January 1999 from S.E.P.A. - Memos dated 11th December 1998 and 13th January 1999 from Head of Protective Services NLC. - Memo dated 13th January 1999 from Director of Leisure Services NLC.

Any person wishing to inspect the above background papers should telephone Coatbridge 812379 and ask for Mrs Lorna McCallurn.

R9801569.DOC 64

CONDITIONS:

1. that the operators shall at all times deal with the areas forming the subject of this consent in accordance with the Environmental Impact Assessment, Written Statement and Supplementary Statement, (as submitted with App. No. 91571) this application and accompanying plans and shall omit no part of the operations provided for therein and shall not amend the development without the prior written consent of the Planning Authority.

Reason : To enable the Planning Authority to retain effective control.

2. that the operations and works hereby authorised shall be discontinued, any buildings and machinery removed, and all works for the full restoration of the site shall be carried out by the 31st December 2005, with 5 years aftercare following the completion of restoration works.

Reason : To accord with the terms of the original consent.

3. that, within a period of two months from the termination of the operations hereby approved, or at such times as the local planning authority may determine, any plant, machinery, buildings and foundations no longer required for the purposes for which they are installed, shall be removed from the site and the areas occupied by them shall be fully restored to the satisfaction of the said authority.

Reason : To ensure satisfactory restoration of the site.

4. that, with regard to any buildings and plant that may be required in addition to those indicated in the Environmental Statement and on the approved plans, a further application shall be submitted to the Planning Authority, together with the requisite detailed plans, and no such buildings and plant shall be erected or used until the permission of the Planning Authority has been granted.

Reason : To enable the Planning Authority to retain effective control.

5. that the excavation and associated soil stripping works shall proceed concurrently in strict accordance with the details shown on the approved plan No. GM/PH/LMT/002, dated November 1998.

Reason : To enable the Planning Authority to retain effective control, to secure satisfactory reinstatement of the site and in the interests of the visual amenity of the area.

6. that within 6 weeks of the date of this permission a revised plan showing the phasing of the restoration of the site and a timetable relating to that phasing shall be submitted for approval in writing by the Planning Authority.

Reason : These details have not been submitted and the existing approved restoration plan is no longer relevant to the revised phasing.

7. that for the avoidance of doubt, removal of soils, excavations and coal extraction shall take place on no more than two phases at any given time, that as each phase is excavated it shall be progressively backfilled and restored and that prior to work comencing upon each new phase at least 2 working days written notification shall be given to the Planning Authority.

Reason : To enable the Planning Authority to retain effective control and to ensure satisfactory reinstatement of the site. 65

8. that within 6 weeks of the date of this permission the following details shall be submitted to for approval in writing by the Planning Authority:-

i) plans showing the location, dimensions and appearance of the peripheral bunds and the excavations.

i i) such further details and plans as required to allow determination by the Planning Authority of the acceptability in amenity terms of the existing and proposed bunds and also their acceptability, and that of the excavations, in relation to the stability of the land within the site and that of the adjacent public roads.

iii) a timescale for the construction of any bunds yet to be provided around the periphery of the site, for the reconstruction of the existing bunds, if required under the terms of ii) above, and for the removal of the bunds.

iv) . a specification and timetable for the grading and grass seeding of the bunds, which shall ensure that all bunds are graded and seeded within the same planting season as they are formed.

Reason : These details have not been submitted and are required in order to protect the amenity of the area and the stability of the public road.

9. that the works detailed within the terms of condition (8) above shall be implemented and, where appropriate, removed in accordance with the approved timescale.

Reason : In the interests of the visual amenity of the area.

10. that vehicular access and egress to and from the site shall be restricted to the existing access onto the B803, the approved crossing points shall be used for no purpose other than for the crossing of the public road and no access whatsoever shall be taken to or from the site and the public highway via these crossing points or from any other part of the site.

Reason : To accord with the terms of the original consent, in the interest of traffic safety and to safeguard the amenity of the surrounding area.

11. that a visibility splay of 4.5 metres by 90 metres, measured from the road channel, shall be retained on both sides of the road crossing points and nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sightline areas.

Reason : In the interests of traffic safety at the locus and in the interests of public safety.

12. that notwithstanding the requirements of condition (8) above no excavations shall take place within 10 metres of the public road.

Reason : In the interests of public safety.

13. that provision shall be made within the curtilage of the site for adequate parking and turning facilities for all vehicles associated with the development to ensure that all vehicles entering or leaving the site can do so in forward gear.

Reason : In the interests of traffic safety at the locus and to ensure satisfactory traffic circulation within the site. 66

14. that all matters regarding access, car parking and road layout design and specifications, including drainage, shall be in accordance with the requirements of the Roads Authority and to the satisfaction of the Planning Authority.

Reason : In the interests of traffic safety at the locus.

15. that contaminated drainage from the site roadways, overburden tips and ground andfor surface water from the working areas shall receive adequate treatment and settlement prior to discharge to watercourse.

Reason : To ensure adequate precautions are taken to prevent pollution of natural water courses.

16. that any oil, fuel, lubrication, paint or solvents within the site shall be stored within a suitable bund or other means of enclosure to prevent such materials from contaminating topsoil, subsoil or reaching any watercourse.

Reason : To ensure adequate precautions are taken to prevent pollution of natural water courses.

17. that in the event of grossly contaminated groundwater being encountered during operations on the site, the operators shall contain the groundwater until it can be safely disposed of in accordance with S.E.P.A. regulations and to the satisfaction of the Planning Authority.

Reason : To ensure adequate precautions are taken to prevent pollution of natural water courses.

18. that, prior to the commencement of works on each separate phase of the development, the applicant shall submit and obtain the written approval of the Planning Authority for full details of the restoration of that part of the overall site covered by that particular phase for the written approval of the planning authority and that the details shall have regard to the approved indicative restoration plan (Ref: 01/11,213A-005) and shall include the following:

a) the final contours to be achieved in restoration.

b) specifications of soil mounds, reclamation of infill derelict areas using overburden.

C) the location of ditches, fences and hedges together with written specifications uhere such details are not shown on the restoration plan.

d) proposals for the removal of settlement ponds, and areas of hardstanding.

e) a timetable for the implementation of these works.

f) details of how the applicants intend to manage these areas after the restoration works.

Reason : These details have not been submitted and to enable the Planning Authority to consider these aspects in detail.

19. that, within 6 weeks of the date of this approval final details of the screening, tree and landscaping measures proposed for the boundaries of the site shall be submitted to and approved by the local planning authority.

Reason : These details have not been submitted and in accordance with the terms of the original consent. 67

20. that the works for the restoration and reinstatement of the site shall be undertaken in strict accordance with the method statement and plans approved under the terms of condition (6) above and the intentions set out in the Environmental Impact Assessment and Supplementary Statement which forms part of the original permission and shall include:

a) the replacement of all soil and soil forming materials in the correct order above the overburden layer with due regard to the grading of the surface and provision of natural drainage.

b) the formation of surface levels over the whole site so that it blends satisfactorily with the surrounding landscape, drains naturally, and does not retain any pools of surface water, and also field drains shall be inserted if the natural drainage is ineffective.

C) grading the boundaries of the site so that surface levels of the restored site satisfactorily merge with levels of the surrounding land, and

d) leaving the whole site clean and tidy.

Reason : To secure satisfactorily reinstatement of the site.

21. that notwithstanding the terms of condition (1) above within 6 weeks of the date of the permission hereby approved details and plans shall be submitted for approval by the Planning Authority of any soil storage mounds, other than the peripheral bunds, and any overburden storage areas within the parts of the site covered by this permission.

Reason : In order to allow the Planning Authority to assess these aspects of the development in detail.

22. that progressive and even respreading of the overburden shall be carried out during the period of mineral extraction, that the overburden shall be levelled and graded in accordance with the approved restoration contours required under the terms of condition (18) above so that the restoration site conforms with the contours of the surrounding land and shall have sufficient slope to be free from the risk of ponding or erosion and that the overburden shall be rooted and cross-rooted to a depth of 300mm with the boulders or other impediments exceeding 500mm in any one direction removed, taken off the site or buried in a stone hole.

Reason : In the interests of sound soils management, to ensure phased restoration of the site and in the interests of the visual amenity of the area.

23. that, where available, at least 600mm of subsoil shall be spread on top over the overburden, that the subsoil shall be rooted and cross-rooted with a heavy-duty winged rooting machine, that any stones or boulders exceeding 200mm in any one direction, or other materials which would prevent or impede normal agricultural or land drainage operations or the use of machinery for subsoiling or mole ploughing, shall be removed before the topsoil is replaced and that the surface layer shall be left in a roughened state.

Reason : In the interests of sound soil management.

24. that the topsoil shall be replaced to the original depth and configuration and shall be rooted and cross- rooted to its full depth with stones exceeding 1OOmm in any one direction being removed from the site or buried in a stone hole and that all operations following replacement of the topsoil shall be carried out by suitable agricultural machinery.

Reason : In the interests of sound soil management. 68

25. that all operations to remove topsoil and subsoil from the dumps and respread it in accordance with conditions (23) and (24) above shall be carried out when the ground and dumps are dry, that earth- moving machinery shall travel to and from the soil dumps along clearly defined routes, that these routes shall be rooted before being covered with the next layer of subsoil or topsoil and that when the vehicle is emptied after spreading subsoil or topsoil, the driver must immediately turn off onto the overburden or subsoil areas respectively.

Reason : In the interests of sound soil management.

26. that, following the physical restoration and initial settlement, the land shall be restored in the following stages:

a) temporary re-seeding,

b) . i) that standing water shall not be allowed to gather on any areas where the topsoil and subsoil have not been stripped, and

ii) that, where necessary, alternative arrangements shall be made for drainage water entering the site from surrounding land and that, likewise, where necessary, interceptor ditches shall be cut to prevent the uncontrolled egress of water from the site onto adjacent land.

C) installation of permanent drainage once the site has finally settled,

d) permanent re-seeding, and

e) landscaping

Reason : In the interests of sound land management,

27. i) that the applicant shall arrange for a chemical analysis of the soil and shall apply lime and fertiliser as recommended by the soil analysis and full details of which shall be submitted to the Planning Authority before seeding or planting.

Reason : In the interests of sound soil management.

28. that prior to seeding or planting taking place confirmation from a suitably qualified person shall be provided that the soil replacement has been undertaken satisfactorily and that the soils are in a suitable condition for the restoration proposed.

Reason : In the interests of sound soil management.

29. that the topsoil shall be retained on the site and none shall be sold off or removed from the site and after the stripping and formation of storage dumps, the quantities shall be measured and the volumes made known to the local planning authority.

Reason : To ensure the satisfactory reinstatement of the site.

30. i) that, apart from the works required to enclose the site, no operations shall be carried out on any phase until any available topsoil is fully stripped and also that the topsoil shall be stripped to the full available depth from all areas within each phase, except for the areas of any topsoil dumps and peripheral bunds. 69

i i) that work routines for stripping operations shall be designed to minimise vehicle traffic on unstripped land, and at all times the mechanjcal handling and compaction of the topsoil shall be minimised and also that no vehicle, other than those involved in stripping operations, shall be permitted on the unstripped land.

iii) that following topsoil stripping operations, all subsoil shall be stripped as a separate operation from all areas of land where topsoil was stripped, except for the areas of any subsoil tips.

iv) that the stripping of the soil shall only be carried out when the soils are dry, and

V) that, prior to the commencement of works on the removal or handling of soil, the applicants shall give at least two working days notice to the local planning authority, who shall reserve the right to suspend operations during adverse conditions or impose such conditions as they see fit for the safekeeping of the subsoil and topsoil.

Reason : To ensure the satisfactory reinstatement of the site.

31. that the bind-free soil forming material found during the course of the proposed operations shall be recovered where practical and stored for use in the final restoration of the land and that this material shall be used to replace shortages of subsoil and topsoil or used to cap the overburden where there is inadequate subsoil and topsoil.

Reason : To ensure the satisfactory reinstatement of the site.

32. that the felling of trees shall be restricted to that necessary for the purpose of the approved development and the shelter belts in the north-west of the site shall be retained, all to the satisfaction of the Planning Authority, and that these tree belts shall be protected by chespale fencing which shall be satisfactorily maintained as agreed, in writing, by the planning authority.

Reason : In order to protect the trees within the site.

33. i) that the applicants shall make stock-proof and maintain until restoration is completed, all the existing perimeter hedges and fences and shall protect the same from damage and that, where the site boundary does not coincide with an existing hedge or fence, the applicant shall provide and maintain, until the restoration is completed, stock-proof fencing with gates or cattle grids at every opening, and

ii) that, where the site boundary lies adjacent to the village of Plains, as indicated in purple on the approved plans additional security measures, including a high specification security fence, shall be provided to the satisfaction of the local planning authority before work commences upon phases 5 and 6 as shown on the approved plans.

Reason : In the interests of public safety, in accordance with the original consent.

34. that the peatlands which comprise Drumshangie Moss shall be suitably safeguarded prior to, and during excavation works alongside same as agreed with the Local Authority acting in consultation with the Scottish Wildlife Trust.

Reason : In order to safeguard the Drumshangie Moss. 70

35. i) that suitable safeguards shall be taken with respect to the westermost peatland, as agreed with the Planning Authority in liaison with the Scottish Wildlife Trust and that details of the proposed impermeable clay membrane to be placed between the peat and the coaling areas shall be submitted to and approved, in writing, by the local planning authority prior to the commencement of further works on this part of the development, and

ii) that monitoring shalI be carried out over all the surface of Drumshangie Moss to determine the hydrology and the surface vegetation and any changes to either of these over the period of excavation and restoration, all to the satisfaction of the local planning authority.

Reason : In order to safeguard the peatland within the site in accordance with the original consent.

36. that throughout the period of working, restoration and aftercare, the applicants shall protect and maintain or divert any ditch, stream, watercourse or culvert passing through the site so as not to impair the flow nor render less effective drainage onto and from adjoining land.

Reason : In the interests of water management and to ensure adequate precautions are taken to prevent pollution of natural watercourses.

37. that the developers shall ensure that the best practical means shall be used at all times to prevent the spread of dust from the site and that these means shall include water spraying when necessary.

Reason : To minimise dust emissions form the site.

38. that a dust monitoring and sampling programme shall be carried out as part of the site operations, that the sampling shall take place at positions to be agreed with the planning authority, and that the results of all analyses shall be kept on site and made available, at all reasonable times, to the said authority.

Reason : To enable the Planning Authority to retain effective control.

39. that any adverse increase in dust levels affecting land or residents in the vicinity due to site operations shall cause the operation(s) responsible for the increase to be suspended until such times as agreed dust suppression measures have been implemented.

Reason : In the interests of the amenity of the surrounding area.

40. that all baffle mounds, bunds, overburden and soil mounds shall be so constructed and maintained as to minimise dust emission and any mud or sluny deposits onto any adjoining property or highway.

Reason : To minimise dust emission from the site.

41. that prior to leaving the site, all coal or mineral carrying vehicles shall be covered in such a manner as to prevent the emission of dust or any other materials from the vehicle.

Reason : To minimise dust emission from the site.

42. that suitable wheel cleaning equipment shall be provided and, thereafter, maintained to the satisfaction of the local planning authority at a location(s) to be agreed in writing by the said authority, and the operators shall ensure that no mud or slurry is carried on to the public road.

Reason : In the interests of traffic safety at the locus. 71

43. that noise levels from the site shall not exceed at any noise sensitive building:

a) 75dBA Leq (1hour) between the hours of 0900 and 1700 on weekdays (Monday to Friday inclusive) and 0900 and 1300 on Saturdays, for the purpose of topsoil stripping and the creation and removal of noise baffle mounds.

b) 65dBA Leq (lhour) between the hours of 0700 and 1900 on weekdays (Monday to Friday inclusive) and 0700 and 1600 on Saturdays for the purpose of the excavation of subsoil and minerals at a depth of less than 8m from the surface.

C) 55dBA Leq (1 hour) between the hours of 0700 and 2100 on weekdays (Monday to Friday inclusive) and 0700 and 1600 on Saturdays. For the purpose of the excavation of subsoil and minerals at a depth of more than 8m for the surface.

That works specified shall not be undertaken outwith these hours to the satisfaction of the Planning Authority.

Reason : To enable the Planning Authority to monitor the site and to safeguard the amenity of adjacent residents.

44. that environmental noise monitoring equipment shall be provided for continuous site use and shall be situated in accordance with the requirements of the local planning authority, and that a permanent record of all environmental noise monitoring shall be kept on the site and be available for inspection by the said authority at all reasonable times.

Reason : To safeguard the amenity of adjacent residents and to enable the Planning Authority to monitor the site.

45. i) that excavation and backfill operations within the site shall be restricted to the following times:

a) Within 300 metres of any occupied noise 7am to 7pm Mondays to Fridays sensitive property 7am to 4pm on Saturdays

b) Elsewhere on the site 7am to 9pm Mondays to Fridays 7am to 4pm on Saturdays

ii) that with the exception of work of an emergency nature the operation of the Coal Preparation Plant, including the crushing and screening of coal, shall be restricted to the following times:

7am to 7pm Mondays to Fridays 7am to 4pm onSaturdays

iii) that all other operations shall be restricted to the following times:

7am to 9pm Mondays to Fridays 7am to 4pm on Saturdays

Reason : To safeguard the amenity of adjacent residents.

46. that, unless agreed in writing by the local planning authority, there shall be no haulage or despatch of coal off site from the Disposal Point outwith 7.00am to 7.00pm on Mondays to Fridays inclusive and 7.00am to 1.OOpm on Saturdays.

Reason : To safeguard the amenity of adjacent residents. 72

47. that with the exception of an emergency nature or essential maintenance, servicing and testing plant and equipment no work shall take place on Sundays.

Reason : To safeguard the amenity of adjacent residents.

48. that all pumps on site shall be suitably silenced, and where practicable, enclosed.

Reason : To safeguard the amenity of adjacent residents.

49. that the crushing and screening plant and all mobile plant on the site shall be properly maintained, and provided with suitable and effective silencers, where appropriate, or provided with full acoustic screening.

Reason : To safeguard the amenity of adjacent residents.

50. that no blasting operations shall be carried out outwith 10.00am to 12.00noon and 2.00pm to 4.00pm on Monday to Friday inclusive, and outwith 10.00am and 12.00noon on Saturday, and no blasting shall take place on Saturday.

Reason : To safeguard the amenity of adjacent residents.

51. that blasting shall only be carried out after suitable, audible and visual warnings have been given and that, prior to the commencement of operations on the site, the occupiers of all the properties around the site shall be notified of the nature of the warning.

Reason : In the interests of the adjacent residents.

52. that the peak particle velocity of every blast shall be measured at the nearest noise sensitive property and shall not exceed lOmm/sec in the transverse, longitudinal or vertical plane, that a permanent record of every blast shall be kept and be available, at all reasonable times, for inspection by the local planning authority and also that the said authority shall be given 24 hours notice of blasting programmes and the approximate location of each blast.

Reason : To safeguard the amenity of adjacent residents to enable the Planning Authority to retain effective control.

53. that no blasting shall be carried out within 300m of any property without the local authority being advised, in writing, of the intention to blast and the Maximum Instantaneous Charge to be used, and that such a blast shall not be carried out until the consent of the said authority has been given.

Reason : To safeguard the amenity of adjacent residents and to enable the Planning Authority to retain effective control.

54. that no blasting shall be camed out during temperature inversion.

Reason : To safeguard the amenity of adjacent residents.

55. that no burning of rubbish or waste materials shall take place on site.

Reason : To safeguard the amenity of adjacent residents. 73

56. that a signboard shall be retained at the site entrance, outwith all visibility splays, giving the name, head office address and telephone number of the developers.

Reason : For the information of interested parties.

57. that within two months of the completion of restoration operations within the site, the access shall be closed and rehabilitated to the satisfaction of the local planning authority.

Reason : To secure satisfactory reinstatement of the site.

58. that provision shall be made at all times to ensure that the site is adequately drained,

Reason : In the interests of water management.

59. that whenever necessary appropriate measures shall be taken to prevent any adverse alterations to the drainage regime of adjoining land as a result of the operations.

Reason : To secure satisfactory reinstatement of the site.

60. that all weeds on site, including particularly those on any topsoil and subsoil storage dumps, and peripheral bunds shall be treated with weedkiller, or cut, to prevent spreading within the site or to adjoining agricultural land.

Reason : In the interests of the visual amenity of the area.

61. that in addition to the requirements of condition (19) above the “Right of Way” which runs from Whiterigg to Stanrigg shall be reinstated as part of the restoration proposals to the satisfaction of the local planning authority.

Reason : To secure satisfactory reinstatement of the site and of the “right of way”.

62. that the establishment of a long distance footpath, within the development site, along that part of the line of the dismantled railway between Airdrie and shall form part of the restoration proposals to the satisfaction of the local authority.

Reason : To secure satisfactory reinstatement of the site.

63. that notwithstanding the requirements of conditions 186) and (19) above the hedging along the perimeter of the site shall be fully reinstated as part of the restoration proposals to the satisfaction of the Planning Authority.

Reason : In order to ensure the satisfactory restoration of the site.

64. that the restoration shall not be considered to have been completed until all of the aforementioned operations specified in terms of conditions 3,20,22,23,24,26,27,61,62and 63 have been carried out to the satisfaction of the Local Planning Authority.

Reason : To secure satisfactory reinstatement of the site. 74

65. that the restoration of the site shall be carried out in accordance with the timetable approved under the terms of condition 18(i) above unless otherwise agreed in writing with the Planning Authority.

Reason : To ensure the timeous and satisfaction restoration of the site.

66. that within 2 months of the date of the permission hereby approved an Aftercare Scheme shall be submitted to and approved by the Planning Authority and the Scheme shall include plans for the maintenance of the site, reinstatement of fences and the under-drainage of the land from the period when any restoration is complete to 31st December 2010.

Reason : To secure satisfactory reinstatement of the site.

67. that within 6 weeks of the date of the permission hereby approved a plan at a scale of 1:5000 indicating the position of the existing gas main and the associated protection zone shall be submitted to the Planning Authority.

Reason : These details have not been submitted. 75

NOTES

1. the works will affect Transco’s supply network and it may be necessary to take measures to protect/divert plant at the applicants cost, contact should be made with their Pipeline Section at Bathgate Operational Unit (tel 01506 635792) as soon as possible. Mechanical excavation must not be undertaken within 500m of BG Transco plant (3m on High Pressure Pipelines) at any time. Clearance distances greater than this may be advised under certain circumstances.

2. West of Scotland Water have advised that diversion and alterations to underground apparatus will be required and security of supplies must be maintained. Liaison with water network staff are essential. 76

Application No. S/98/00752/FUL Date registered 20 May 1998 APPLICANT SOUTH LANARKSHIRE COUNCIL, ALMADA STREET, HAMILTON ML3 OAL Agent Roads & Transportation Services, 154 Montrose Crescent, Hamilton ML3 6LL DEVELOPMENT NEW BRIDGE AND APPROACH ROAD ACROSS , WISHAW LOCATION GARRION BRIDGE, WISHAW ML2 ORR

Ward No. 15 Grid Reference 27937-65 100

File Reference S/PL/B/2/43(5 1 )/DMcF/AB

Site History None

Development Plan Garrion Bridge Improvements on the Finalised Draft Southern Area Local Plan

Contrary to Development Plan No

CONSULTATIONS

Objection SNH No Objection West of Scotland Water, Historic Scotland, Scottish Office Agriculture Environment and Fisheries Department, Health & Safety Executive Conditions SEPA, NLC Leisure, Scottish Wildlife Trust, Glasgow & The Clyde Valley Structure Plan No Reply

REPRESENTATIONS

Neighbours 4 letters of objection Newspaper Advertisement As above

COMMENTS The proposal is for a second bridge across the River Clyde upstream from the existing road bridge at Garrion, a Grade B listed structure. Alterations to the road network are mostly required to the South Lanai-kshire side of the river but there are implications for existing properties on the east side of the river. Traffic flows would operate in a

Ugiratory manner with each bridge having traffic moving one way. This would improve traffic flows by enabling the removal of existing traffic I ights. An acceptable full Environmental Assessment has been carried oiit on the proposal. Notwithstanding the acceptability of the scheme, Scottish Natural Heritage have objected formally to the proposal. Four existing residents have also objected to the development. I have NORTH LANARKSHIRE PrDduccd~iannzngma by ~cve~opmcntDcpanment Planning Application No. S/98/00752/FUL Sovmem D~iuor. -_-COUNCIL 303 mandon saecr Proposed Construction of Bridge and Approach Areas MOTHERWELL ML? 1RS Garrion Bridge, Wishaw Repmdirro liom me Oldna- Survey mappm wllh , A !he pmiulon Of lhe Conlrol*r Ofhr Ma)cS/S Teicphone 01695 302100 Far 01698 3021012 1:1250 SBlarrry OfB- ocran mprlgnl Location of Objectors Uru"lho,& lLCmeYilDn L"("nps crown copyngn, * and may lead I0 ploysylan or cwil pmsscdlngi os UCCIISC La 09MlL , 78

commented on the issues raised in the following report and consider that planning permission should be granted.

This application should be considered in conjunction with Listed Building application S/98/01652/LBC.

RECOMMENDATION Grant, subject to the following conditions:-

1. That the development hereby permitted shall be started within five years of the date of this permission

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

2. That before any development commences on site or before any materials are ordered or brought to the site, details and samples of all materials to be used as external finish on the development shall be submitted to and approved by the Planning Authority.

Reason: In the interests of visual amenity and to preserve the character of the Listed Building.

3 That the development shall be carried out strictly in accordance with the plans hereby approved and no change to the design or external finish shall take place without the prior written approval of the Planning Authority.

Reason: In the interests of visual amenity and to preserve the character of the Listed Building.

4. That before the development hereby permitted starts, a scheme of landscaping. including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number. - variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) details of the phasing of these works. (e) details of an appropriate landscape management and maintenance scheme. Reason: In the interests of visual amenity and to preserve the character of the Listed Building.

5. That within one year of the completion of the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition (4) above, shall be completed and any trees, shrubs. or areas of grass which die, are removed, damaged, or become diseased, within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species. 79

Reason: In the interests of visual amenity and to preserve the character of the Listed Building.

6. That before coinpletion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition (4) shall be implemented.

Reason: In the interests of visual amenity and to preserve the character of the Listed Building.

7 That before the commencement of any site works or preparatory road and related site car parking improvements all details of such should be approved by the Planning Authority and undertaken to the full satisfaction of the Planning Authority.

Reason: To enable the Planning Authority to consider all related matters as these details have not been submitted.

That notwithstanding the generalities of condition (7) above a scheme for the replacement car parking spaces and access thereto at the Mill House shall be submitted to and approved by the Planning Authority and shall be implemented in accordance with a time- scale agreed by the Planning Authority.

Reason: To ensure the provision of adequate parking and access facilities within the site.

9. That prior to the commencement of the development hereby permitted a scheme to ensure the protection of the surviving lades on the north bank of the River Clyde which may be affected by the development shall be submitted and approved by the Planning Authority.

Reason: To ensure the survival of historic features within the Clyde Valley

10. That upon approval of the terms of condition number (9) above, that scheme shall be implemented to the satisfaction of the Planning Authority.

Reason: To ensure the protection of historic features within the Clyde Valley.

11. That all visibility splays in association with the development hereby approved shall comply with the Strathclyde Regional Council "Guidelines for Development Roads" 1986 and in particular a minimum of 2.5 x 90 metres should be provided for private accesses.

Reason: In the interests of traffic and pedestrian safety.

12. That notwithstanding the terms of condition (1 1) above, if the required visibility splays are unachievable, then the maximum splay capable of implementation shall be used subject to the prior written approval of the Planning Authority.

Reason: In the interests of traffic and pedestrian safety.

13. That prior to the commencement of the development hereby permitted a detailed lighting scheme shall be submitted to and approved by the Planning Authority.

Reason: In the interests of visual amenity and to ensure minimal adverse impact on the environment. 80

14. That before completion of tlie development hereby permitted, the scheme approved under tlie terms of condition (13) above shall be implemented to the satisfaction of the Planning Authority.

Reason: In the interests of visual amenity and to ensure minimal adverse impact on the eiiv i roninent.

NOTES TO COMMITTEE

If granted, tliis application will require to be referred to the Secretary of State for Scotland in accordance with tlie Town and Country Planning (Notification of Applications) (Scotland) Direction 1997.

List of Background Papers

Application form and plans dated 2015/98 Environmental Impact Assessment 1 8/6/98 Letter with enclosures dated 3/9/98 from South Lanarkshire Council Finalised Draft Southern Area Local Plan Letter dated 13/6/98 from West of Scotland Water Letter dated 16/6/98 froin West of Scotland Water Letter dated 518198 from SEPA Memo dated 2 1/6/98 from NLC Leisure Letter dated 19/8/98 from SNH Letter dated 5/8/98 from SEPA Letter dated 3/6/98 froin Tlie Scottish Office Agricultural, Environment & Fisheries Department Letter dated 2/7/08 from Health ancl Safety Executive Letter dated 24/6/98 from The Scottish Office Development Department Letter dated 27/7/98 from Glasgow & Tlie Clyde Valley Structure Plan Joint Committee Letter dated 3017198 from Historic Scotland Letter dated 2/6/98 from CRGP Architects & Surveyors, 26 Herbert Street, Glasgow on behalf of Mrs J S Pinkerton. The Mill House, Garrion Bridge, Wishaw, ML2 ORR Letter dated 20/7/98 from Joe & Eleaiior Stark, Mill Cottage, Garrion Bridge, Wishaw ML2 ORR Letter dated 3 117198 from Micliael A R Strickland, Garrion Cottage, Garrion Bridge, Wishaw ML2 ORR Letter dated 1315198 from Mrs Binnie, Millfield, Garrion Bridge, Wishaw ML2 ORR

Any person \visliing to inspect tlie above background papers should telephone Motherwell 302 125 and ask for David McFarlane. 81

APPLICATION N 0.S/98/007 5 2/FUL

REPORT

1. THE SlTE AND PLANNING PROPOSAL

1.1 The existing Garrion Bridge is a Grade ‘ByListed Building which has provided an effective vehicular crossing of the River Clyde since its construction in 1818 to a Thomas Telford design. The bridge not only carries the A71 road in an east west direction but the west side of tlie river has an intersection of roads which follow the route of the River Clyde. The Clyde Valley is narrow at this point with steep inclines on approach roads on either side. Due to the age ancl design of the Bridge together with increasing traffic volumes, long delays have been experienced by road users with a resulting negative impact on the environment locally and the econoni ic prospects of the area generally.

1.2 The general environment of tlie area is attractive countryside with a small community existing on both sides of the bridge. The rivers course is narrow at this point in the Clyde Valley making it a relatively easy crossing point but steep approaches exist on either side, thus reducing the number of options for alternative crossings of the Clyde.

1.3 The proposal is to construct a second single span bridge across the Clyde upstream of the existing Garrion Bridge. Separated traffic would use both bridges in single directions, thus providing increased crossing capacity, thereby eliminating delays.

1.4 Whilst thc proposed bridge will bring improvements to both sides of the river, the western side (South Lanarkshire) will involve the majority of site works due to the associated improvements to the esisting substandard junctions. Because the administrative boundary lies in the middle of tlie Clyde between North and South Lanarkshire, this planning application requires to be considered by this Authority in the context of its impact on the area generally. To assist the decision niaking process and to comply with legislation and Environmental Impact Assessment on the overall scheme has been prepared and submitted along with the application.

2. CONSULTATIONS

2.1 AI I the consultees except Scottish Natural Heritage considered the proposal to be acceptable

providing, L ither conditions could be met or further satisfactory details could be submitted. Scottish Uatiiral Heritage objections relate in the main to the South Lanarkshire side of the development and in particular to the associated roads impact on a Site of Special Scientific Interest. rile only aspects of their objection which are relevant to the North Lanarkshire section of die proposal can be listed as follows.

In general, SNH required tlie submission of additional information before being able to fully consider the proposal. In partictilar an assessment of the impact of night time lighting is required to ascertain the true nature of the scheme and to put forward mitigation measures to reduce the impact of lightiny on the Clyde Valley A.G.L.V. (Area of Great Landscape Value). 0 SNH considered that if the generalities of the submitted scheme were to be approved, the footin2 into the bank and abutments of the new Garrion Bridge are to be of a material which has Imii colour matched on-site with the stone of the existing bridge. Details of coursing and copi;iy should also reflect that of the existing bridge. SNH also recommend certain detailid ,lesigil changes to accord with the existing bridge. 82

3. REPRESENTATIONS

3.1 Four letters of objection have been received to the proposal from adjoining proprietors, their comments are summarised as follows.

The already difficiilt access and egress to houses on the A71 will be made worse by the reiiio\/aI of the traffic lights which at present stops the traffic allowing time for residents and visitors to negotiate a safe entry or exit to their properties. Existing poor visibility from exits will make traffic manoeuvres more dangerous because traffic \vi I I now be moving inore freely. 0 The proposed 30 inph speed liinit will make little or no difference to traffic speeds. 0 Despilc tlie existence of traffic lights at present, accidents occur because of vehicles going too-fast. It is considered that traffic speeds will increase because of removal of these lights and x s,icli road safety will suffer. 0 The construction of the bridge will increase “non tourism” traffic into the Clyde Valley.

0 The IICW bridge will take away some historic landmarks as well as mature trees in the area.

0 If appi wed, the existing need for traffic calming measures will increase. 0 Loss oi’parking provision within the boundary of the “Mill House” caused by required accomiiiodation works have not been addressed. 0 Residential amenity will be reduced because of the increase in traffic noise created by the addition 11 bridge. 0 Loss of space because of tlie proposed accommodation works will restrict future residential e1te I 1s i o I; potent ia 1.

4. PLAWNIKG CONSIDERATIONS

4.1 The Envii~cnmentalImpact Assessment has provided a full exploration of the proposals likely impacts \VI1 1st any assuiiiptions and deficiencies have been highlighted where appropriate. A fiill con~ul~ationprocess has been carried out and it is considered that the resultant scheme has addressccl tile ina.jority of conceriis raised by the consultees.

4.2 The 01 ly urstanding objectioii from the consultees to the proposal is from Scottish Natural Heritage I3eil- concerns relaie to the proposed works being carried out on the western side of the bi sdgc n South Lanai.I;shire as it effects the Site of Special Interest at Mill Burn. The issLies raiseLlare a matter from Soutli Lanarkshire Council to consider. The issues which direc:l\ iff :t the North Lanai kshire area relate to a requirement for additional information on lighting They also recommended the use of gabions instead of a crib wall and the colour

inatchiiig c materials \vith the existing bridge which can be addressed via the imposition of suitable c )iiditions. SNH’s ob-jection is not therefore sufficient in itself to justify the refusal of planni ig ;:rmission.

4.3 A I1 other consultees considered that the proposal was acceptable providing their individual requiici:iei s could be aixomiiiodated and or imposed via conditions.

4.4 The 0b.icctoi.s to the proposal all live closest to the development and as such are understandably the people most directly affected by it. The major concern that all the objec:.,rs ;uoted was that the removal ofthe traffic lights would speed up traffic flows to tlie detrinienl of road safety. particularly access manoeuvres to and from local residential propcrtich. At present, ilie trnf‘flc lights have the effect of stopping traffic thereby enabling vehicles io :iegotiate into and across slow moving traffic. Whilst this is the case at present, I considcl. t1i::t tlie flow of traffic emanating from the new giratory system will not be as heavy 83

as the objectors anticipate. The nature of the proposed roundabout, with its give way access points will mean that natural gaps will occur in the flow of traffic. To ensure that traffic safety is maintained for local residents, I am proposing that sight lines from some access points should be improved. In addition, the introduction of a 30 mph controlled zone will be introduced in the built up area, together with signed traffic calming measures. With the implementation of the above measures, I therefore consider that residents concerns can be adequately addressed.

4.5 One objector commented upon the increase in non tourism traffic being encouraged into the Clyde Valley. This will be true to a degree, but it is considered that the wider benefits to the Clyde Valley through greater tourist activity will outway the disbenefits of non tourist traffic. In addition, it has to be remembered that the Garrion crossing serves more than just the Clyde Valley i.e. locals and A71 through traffic.

4.6 With regard to the new bridge adversely impacting on historic landmarks and woodland, I consider that the Environmental Assessment has addressed satisfactorily these matters and any residual effects are not sufficient to justify refusing planning consent.

4.7 Concerns have also been raised about an unacceptable increase in noise levels due to the anticipated increase in usage of the river crossing. The Environmental Assessment carried out a noise assessment to determine the likely effects on occupiers within 300 m of the bridge. It is predicted that when the initial works are completed, an increase in noise will result, but only as a consequence of an overall increase in vehicular usage thus following normal predicted trends for increased traffic movements generally. I therefore consider that the estimated increase in noise levels are not likely to be significant enough to outway the other benefits the proposal would bring.

4.8 Finally, concerns were expressed about space being lost within the grounds of the affected Mill House dwelling such that parking provision and possible future expansion would be halted. In my view, the property in question has sufficient space to accommodate a revised parking layout and I propose to impose a condition which requires the submission of an acceptable replacement and a reorganised parking arrangement within the site. With regard to possible future loss of site usage and detriment generally, it should be noted that negotiations on Compulsory Purchase Procedures allow for such matters to be considered and relevant land owners compensated accordingly.

4.9 With regard to approved Council Policy the Finalised Draft Southern Area Local Plan states that congestion and poor accessibility are major problems facing large areas of Motherwell and Wishaw, where shortcomings in the road network continue to hamper traffic movement both internally and externally, with access to the M74 being extremely difficult. Policy TR7 states that “in partnership with South Lanarkshire Council, the Council will implement improvements to the junction of the A7 1 and A72 at Garrion Bridge, and also initiate further research into traffic congestion in the area. I therefore consider that this proposal will fulfil some of the aims ofthis policy.

4.10 Whilst there have been some concerns expressed relating to the proposal, I consider that those concerns have been satisfactorily addressed such that the benefits the development will bring to the wider area will outweigh any adverse impacts to the local area. I therefore consider that subject to the imposition of conditions planning permission should be granted. 84

Application No. S/98/01652LBC Date registered 7th December 1998 APPLICANT SOUTH LANARKSHIRE COUNCIL, ALMADA STREET, HAMILTON ML3OAL Agent Roads & Transportation Services, 154 Montrose Crescent, Hamilton ML3 6LL DEVELOPMENT NEW BRIDGE AND APPROACH ROAD ACROSS RNER CLYDE, WISHAW LOCATION GAEUUON BRIDGE, WISHAW ML2 ORR

Ward No. 15 Grid Reference 27937-65 100

File Reference S/PL/B/2/43(5 l)/DMcF/AB

Site History None

Development Plan Garrion Bridge Improvements on the Finalised Draft Southern Area Local Plan

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection The Architectural Heritage Society of Scotland, The Scottish Civic Trust Conditions No Reply Dalzell Heritage Trust

REPRESENTATIONS

Neighbours Newspaper Advertisement

COMMENTS The proposal is for a second single span concrete bridge across the River Clyde upstream from the existing road bridge at Gamon. The existing Garrion Bridge is a grade ‘B’ listed structure built in 18 18 and as such listed building consent is required for hsproposal whch affects the setting of the original Listed Bridge. The technical aspects and planning assessment of this proposal are considered in a separate report to thls Committee (application no. S/98/00752/FUL) together with a recommendation to grant full planning permission. Th~sapplication has to be considered in terms of it’s affect on the existing listed structure and as such consultations have been carried out with the appropriate amenity boles. No objections have been received to the proposal. I therefore consider the application to be acceptable and as such recommend that listed building consent be granted. I

PianinpPiwuccd ad by D~alopmonl OcpMmmt Planning Application No. S/98/01652/LBC 1 Srmiern Dwivor 303 &andon Street Construction of New Concrete Bridge ~ MOTHERWELL ML1 1RS Garrion Bridge A Telepnonc01695302100 Fu 016983021C12 Wishaw 1:1200 os Llcancc LA 093dlL 86

RECOMMENDATION Grant, subject to the following conditions:-

1. That the development hereby permitted shall be started within five years of the date of this permission

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

2. That before any development commences on site or before any materials are ordered or brought to the site, details and samples of all materials to be used as external finish on the development shall be submitted to and approved by the Planning Authority.

Reason: In the interests of visual amenity and to preserve the character of the Listed Building.

3. That the development shall be carried out strictly in accordance with the plans hereby approved and no change to the design or external finish shall take place without the prior written approval of the Planning Authority.

Reason: In the interests of visual amenity and to preserve the character of the Listed Building.

4. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development v (d) details of the phasing of these works. (e) details of an appropriate landscape management and maintenance scheme. Reason: In the interests of visual amenity and to preserve the character of the Listed Building.

5. That within one year of completion of the development hereby permitted. all planting. seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition (4) above, shall be completed and any trees. shrubs: or areas of grass which die, are removed, damaged, or become diseased, within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: In the interests of visual amenity and to preserve the character of the Listed Building. 87

6. That before completion of the development hereby permitted, the management and maintenance schemed approved under the terms of condition (4) shall be in operation.

Reason: In the interests of visual amenity and to preserve the character of the Listed Building.

7. That prior to the commencement of the development hereby permitted a scheme to ensure the protection of the surviving lades on the north bank of the River Clyde which may be affected by the development shall be submitted and approved by the Planning Authority.

Reason: To ensure the survival of historic features within the Clyde Valley.

8. Any works approved under the terms of condition (7) above shall be fully implemented to the satisfaction of the Planning Authority.

Reason: To ensure the protection of historic features within the Clyde Valley.

NOTES

1. If granted, this application will require to be referred to the Secretary of State for Scotland in accordance with Section 12 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.

List of Background Papers

Application form and plans dated 7.12.98 Finalised Draft Southern Area Local Plan Letter dated 17.12.98 from The Scottish Civic Trust Letter dated 17.12.98 from The Architectural Heritage Society of Scotland

Any person wishing to inspect the above background papers should telephone Motherwell 302125 and ask for David McFarlane. 88

Application No. S/98/0 1427/FUL Date registered 10 November 1998 APPLICANT ALLAN WATER DEVELOPMENTS LTD., DEANSTON HOUSE, DOUNE, STIRLING FK16 6AD Agent Young & Gault Architects, 28 Spiers Wharf, Glasgow G4 9TB DEVELOPMENT CONSTRUCTION OF 41 BED NURSING HOME AND DAY CARE CENTRE LOCATION FROOD STREET, MOTHERWELL

Ward No. 3 Grid Reference 2743 3 0-65 8360

File Reference S/PL/B/13/26( 107)/JL/AB

Site History Detailed planning permission granted 5/1/94 for residential development of the site

Development Plan Allocated as a Private Housing Development Opportunity on Southern Area Local Plan - Finalised Draft

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection The Coal Authority Conditions NLC Environmental Services, West of Scotland Water No Reply

REPRESENTATIONS

Neighbours Letter from adjoining landowner Newspaper Advertisement Not Required

COMMENTS The applicants seek planning consent for the construction of a 4 1 Bed Nursing Home and Day Care centre at Frood Street, Motherwell. The applicant at present operates a nursing home which is accessed off Java Street. The intention is to construct an enclosed pedestrian walkway which will link both “Homes” as the proposed site is only 17 metres from the existing property at the ‘link’ points. The building is two storey design and includes 41 residential rooms as well as various other communal rooms. The building is situated in such a way as to cause minimum intrusion into the privacy of the existing residential properties on Ghillies Lane and Frood Street. No objections have been received from any occupied neighbour notified properties nor any of the statutory consultees.

90

The adjoining site landowner, Rail Property Ltd., have objected to the use of their land for landscaping. In response, the applicants have revised their proposals accordingly to meet the terms of this objection without adversely affecting the overall acceptability of the development. I therefore recommend that planning consent is granted subject to conditions.

RECOMMENDATION Grant, subject to the following conditions:-

1. That the development hereby permitted shall be started within five years of the date of this permission

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

2. That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

Reason: To safeguard the amenity of the adjoining residential area.

3. That before the development hereby permitted is brought into use, all the fences, or walls, as approved under the terms of condiiton (2) above, shall be erected.

Reason: To safeguard the amenity of the adjoining residential area.

4. That before the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

Reason: To enable the Planning Authority to consider these aspects.

5. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:-

(a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted.

Reason: To enable the Planning Authority to consider these aspects.

6. That within one year of the occupation of the Nursing Home hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition (5) above, shall be completed and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species. 91

Reason: To ensure that the landscaping agreed under condition (5) above is implemented to the Council’s satisfaction.

7. That before the development hereby permitted is brought into use, all the parking and manoeuvring areas shown on the approved plans, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas.

Reason: To ensure the provision of adequate parking facilities within the site.

8. That a visibility splay of 2.5 metres by 60 metres, measured from the road channel, shall be provided on both sides of the vehicular access and before the development hereby permitted is brought into use, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: In the interests of traffic safety.

9. That before the Nursing Home hereby permitted is brought into use, the means of vehicular and pedestrian access shall be constructed in accordance with the approved plans.

Reason: To ensure satisfactory vehicular and pedestrian access facilities to the site.

List of Background Papers

Application form and plans dated 10/11/98 Letter from Young and Gault dated 11/12/98 Southern Area Local Plan - Finalised Draft Memo dated 16/11/98 from NLC Environmental Services Letter dated 24/11/98 from West of Scotland Water Letter dated 29/11/98 from The Coal Authority Letter dated 12/1/99 from Rail Property Ltd

Any person wishing to inspect the above background papers should telephone Motherwell 3021 42 and ask for Mr Lennon. 92

Application No. S/98/0 1493/FUL Date registered 29th October 1998 APPLICANT JAMES KEWGUY KERR MOTORS, KILMUIR ROAD, UDDINGSTON Agent DEVELOPMENT CHANGE OF USE FROM COMMERCIAL UNIT TO TAXI RADIO CONTROL BASE, EXECUTIVE CAR HlRJ3 BOOKING OFFICE AND INSTALLATION OF MAST LOCATION 6 MARKET ROAD, VIEWPARK

Ward No. 23 Grid Reference 27 1440 66 1364

File Reference SIPLIBI9I 1 05( 56)/GL/JM

Site History Village Industry Units constructed by the former Motherwell District Council in 1995

Development Plan Within a Residential Area on the Finalised Draft Southern Area Local Plan

Contrary to Development Plan NO

CONSULTATIONS

Objection No Objection Radiocommunications Agency, Strathclyde Police Conditions No Reply

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement No Response

COMMENTS The applicant proposes to convert an existing unit, in a bloch of -1 Village Industry Units, on Market Road, Viewpark to a booking office for hire cars and a taxi radio base. This would include the erection of a radio mast, a maximum of 5.4 metres high (the applicants existing mast at Kilmuir Road would be relocated), but, according to the submission, would not require taxis to visit the base with the only cars at the unit being those of the office staff. The unit is purpose-built and is at the rear of the shops at Market Place with a public car park across Market Road at the shops, and staff parking available at the front.

There have been no objections from consultees to this proposal ___7------iCentre

Market Place

I\

i i

PrCdxed B Pinning md Ocvclmmant DspSmrml soumcrn hvnen CHANGE OF USE FROM COMMERCIAL UNIT TO TAXI RADIO 303 mmam SWOM MOTHERWELL CONTROL BASE, EXECUTIVE CAR HIRE BOOKING OFFICE AND ease "pxl rm omnalco SYrYC" MFPW m MLl 1RS INSTALLATION OF MAST haarm~n.,maCom~l*rolWarMaC~,+oirmv mra m cmm -M Fu. 1.1250 Tdcphme01695302100 016983021012 umm- rnPlMLQD" Ihhnga, cmrm rnprahl mm may ibaa to pmwnan or CNCIp-aw os~lsahe!JOWlL 6 MARKET ROAD, VIEWPARK 94

although the Local Member has intimated an objection against this use of the premises. I have also been advised that the applicants lease agreement with North Lanarkshire Council has been terminated with effect from 27 February 1998, although this is not strictly a material consideration in the determination of the planning application. In addition notwithstanding the termination of the lease the applicant has asked for this planning application to be determined. Therefore having considered this proposal fully I am of the opinion that it does not raise any land use issues and, if operated in accordance with conditions, from the planning viewpoint should not significantly affect the amenity of the surrounding area. As such it is my recommendation that planning permission is granted subject to conditions. The Committee should note that the applicant has requested that, if the Committee is minded to refuse permission, a site visit and hearing be arranged in order that he may present his case.

RECOMMENDATION

Grant, subject to the following conditions:-

1. That the development hereby permitted shall be started within five years of the date of this permission

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

2. That the taxi radio base hereby permitted shall not be open to members of the public.

Reason: To discourage taxis calling at the premises to pick up passengers in the interests of public safety and to safeguard the amenity of the adjoining residential area.

List of Background Papers

Planning Application Form and Plans registered on 29/10/98 Letters from Applicant dated 2911 1/98 and 13/1/99 Finalised Draft Southern Area Local Plan Letter from Radiocommunications Agency dated 1311 1/98 Letter from Strathclyde Police dated 12/1 1198

Any person wishing to inspect the above background papers should telephone Motl~erwell3 02 1 04 and ask for Mr Laing. 95

Application No. SI9810 1577/AMD Date registered 19th November 1998 APPLICANT JOHN MARSHALL, STATION ROAD, SHOTTS Agent A & A Neil, 72 Berkeley Street, Glasgow, G3 7DS DEVELOPMENT CONSTRUCTION OF SUPERMARKET (RENEWAL OF OUTLINE CONSENT) LOCATION LAND TO WEST OF 1 17 STATION ROAD, SHOTTS,

Ward No. 18 Grid Reference 287469659817

File Reference SIPLIB11 715 8IGLlJM

Site History The site has a long planning history, the most significant events being:-

1) Permission granted 3rd April, 1968 for erection of petrol filling station and change of use of railway goods depot to car repair garage (App. No. P/68/26) 2) Enforcement Notice serviced August 1976 in respect of unauthorised storage and parking of motor vehicles, damaged motor vehicles and spare parts. 3) Permission granted 1 st June, 1977 for erection of garage accessories sales store. 4) Enforcement Notice serviced 21st May, 1986 in respect of unauthorised storage of LPG. 5) Consent granted, on 2 1st February, 1996 on appeal to the Secretary of State for the Erection of a Supermarket (in outline).

Development Plan Retail Development Opportunity on the Finalised Draft Southern Area Local Plan

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement No Response

COMMENTS The application is for the extension to the time limit within which the R0OX.d by PLANNING APPLICATION No. S I98 / 01577 I AMD PLP~,~Q PI^ DOV~IOD~C~~Dapmmen: SDUmom DNNO" 303 0,ndon swear CONSTRUCTION SUPERMARKET MOTHERWELL OF MLl 1RS ( RENEWAL OF OUTLINE CONSENT) A leisphone 01695 302100 Fu: 01698 3021012 1:2500

OS Umce U\ 090411 LAND TO WEST OF 117 STATION ROAD, SHOlTS. 97

applicant has to submit a reserved matters application in relation to an outline permission for a supermarket granted in 1996 by the Secretary of State, following an appeal against refusal of permission by the former Motherwell District Council. (Essentially it is an application for the renewal of the outline consent). The application site is the Marshall’s Garage site adjacent to Shotts Railway Station and the outline planning permission was for the “Erection of Supermarket” to be accessed from Station Road using an existing access, with access to the service area from Foundry Road. As there are no material changes in circumstances since 1996 it is my recommendation that planning consent be granted for this renewal of the outline consent subject to updated versions of the conditions originally imposed by the Secretary of State.

RECOMME’NDATION

Grant, subject to the following conditions:-

1. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the details of, and timetable for, the hard and soft landscaping of the site; (e) the design and location of all boundary walls and fences; (0the provision for loading and unloading of all goods vehicles;

Reason: To enable the Planning Authority to consider these aspects.

2. That the development hereby permitted shall be started, either within five years of the date of this permission, or within two years of the date on which the last of the reserved matters are approved, whichever is the later.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

3 That within three years of the date of this permission, an application for approval of the reserved matters, specified in condition above, shall be made to the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

4. That notwithstanding the requirement of condition (1) above before the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

Reason: To enable the Planning Authority to consider these aspects. 98

5. That notwithstanding tlie requirements of condition 4 above, any elevations of the proposed supermarket which will be visible from Station Road shall be finislied in reconstituted stone, or similar material, to the satisfaction of the Planning Authority.

Reason: In tlie interests of the visual amenity of the area.

6. That before the development hereby permitted starts, a report shall be submitted to the Planning Authority regarding the stability of the site for the development proposed and this report shall be based on a professionally supervised and regulated boring programme.

Reason: To ensure the mineral stability of the area.

7. That before development hereby permitted starts, a report describing the soil and ground conditions prevailing over the application site (including details of tlie nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority and the works required in order to remove or render harmless these contaminants? having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.

Reason: To ensure the site is free of contamination.

8. That notwitlistanding the terms of condition (1) above, a 2 metre high combined wall and stained timber close-boarded fence shall be erected along the boundary of tlie site as indicated in GREEN on the approved plans.

Reason: In tlie interests of amenity and to screen the development from the adjacent industrial area.

9. That a visibility splay of 4.5metres by 120metres, measured from the road channel, shall be provided on both sides of tlie vehicular access and before the supermarket hereby permitted is brought into use, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: In the interests of road safety.

List of Background Papers

Application letter registered on 19/11/98 Finalised Draft Southern Area Local Plan

Any person wishing to inspect the above background papers should telephone Motherwell 3021 04 and ask for Mr Laing. 99

Application No. SI98IOI 593lAMD Date registered 24 November 1998 APPLICANT TAYLOR HOMES (SCOTLAND) LTD., UNIT 3, WOODHALL ROAD, CAMBUSNETHAN Agent DEVELOPMENT AMENDMENT TO APPROVED HOUSING DEVELOPMENT TO INCLUDE TWO ADDITIONAL HOUSE PLOTS; CONSTRUCTION OF LAY BY; CONVERSION OF DRIVEWAY TO ROAD AND EXTENSION OF DEVELOPMENT SITE BOUNDARY LOCATION KNOWENOBLE FARM, WISHAW LOW ROAD, CLELAND

Ward No. 19 Grid Reference 279435 657762

File Reference SlPL/sl4/26(43)lDAlAB

Site History February 1998 - Planning permission granted for construction of 27 dwellinghouses June 1998 - Amendment to above consent (extension to garden boundaries and repositioning of road).

Development Plan Private Housing Development (Policy HSG2) and Green Belt (Policy ENV 6) on Finalised Draft Southern Area Local Plan

Contrary to Development Plan Yes

CONSULTATIONS

Objection No Objection West of Scotland Water Conditions No Reply SEPA

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement No Response

COMMENTS The applicant seeks permission for an extra two dwellinghouses within the plotted housing development at the site of the former Knoweiioble Farm. The application also involves the construction of an additional lay by, the conversion of a driveway to a possible through road and an overall extension of the development site into the green belt. Some of these proposed development are acceptable while others are not. Full details are enclosed in the attached report. Committee should note that referral to the Secretary of State will only be necessary if permission is

101

given, against my recommendation for extension of the site into the greenbelt.

RECOMMENDATION

A. Two Additional House Plots, Construction of Lay By and Conversion of Driveway to Road

Grant, subject to the following conditions:-

1. That the development hereby permitted shall be started within five years of the date of this permission

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

2. That before development starts on each of the two dwellinghouses hereby permitted. full details including floor and elevation plans shall be submitted to and approved in w.riting by the Planning Authority, including any modifications as may be required.

Reason: To enable the Planning Authority to fully assess the proposed dwellinghouses.

3. That notwithstanding the terms of condition 2 above, there shall be no Lvindows of habitable rooms (lounge, dining rooms, kitchen rooms or bedrooms) on the south elevation of the dwellinghouse hereby permitted on plot 28 or on either side elevation of the dwellinghouse hereby permitted on plot 9.

Reason: To safeguard the amenity of the adjoining residential area.

4. That notwithstanding the terms of condition 2 above, the dwellinghouse hereh? permitted on plot 9 shall not exceed single storey in height.

Reason: To safeguard the amenity of the adjoining residential area.

5 That before development starts on each of the dwellinghouses hereby permitted. full details of all external materials to be used in construction, including Lvalls. roofs. windows, doors, gutters and downpipes, shall be submitted to, and approved in Lvriting by the Planning Authority, including any modifications as may be required.

Reason: To enable the Planning Authority to consider these aspects.

6. That notwithstanding the requirements of condition 5 above, the external materials to be used on the dwellinghouses shall be such that they minimise the visual impact upon the landscape. For the avoidance of doubt, the following shall be taken into consideration in the design of the dwellinghouse: 102

(a) roofing materials to be restricted to tones of dark grey or brown;

(b) facing brick, render, dry dash and stone shall avoid very pale or very bright colours, in particular white dry dash render and light buff facing bricks;

(c) window frames, rain gutters and downpipes shall be dark in colour.

Reason: To ensure the visual impact of the dwellinghouse hereby permitted is minimised befitting on urban fringe location.

7. That the use of the garages hereby permitted shall be restricted to private use incidental to the enjoyment of the dwellinghouse on the site and no commercial activity shall be carried out, in, or from, the garages.

Reason: To safeguard the residential amenity of the area.

8. That any integral garages shall not be altered for use as a habitable room without the prior written consent of the Planning Authority.

Reason: To enable the planning authority to retain effective control over the provision of off-street car parking spaces.

9. That the driveways of the dwellinghouses hereby permitted shall not exceed a gradient of 10%.

Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings.

10. That the driveway of each of the dwellinghouses hereby permitted shall be finished in block paving within one month of the relevant dwellinghouse being occupied.

Reason: In the interests of amenity and to prevent deleterious material being carried onto the highway.

11. That notwithstanding the provisions of Class 7 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no gates, fences, walls, or other means of enclosure, shall be erected between the front of the dwellinghouses hereby permitted and the adjoining road.

Reason: To ensure the visual impression of a low density residential development befitting an urban fringe location.

12. That a 1.8 metre high close boarded timber screen fence shall be erected around the rear garden as far as the front building line of the dwellinghouses before the first of the neighbouring dwellinghouses is occupied. 103

Reason: To ensure the privacy of adjacent residents.

13. That notwithstanding the provisions of the Town and Country Planning (General Permitted Development)(Scotland)Order 1992, no side extensions to the dwellinghouses hereby permitted shall be allowed where the overall distance between the side wall of the dwellinghouse and the side wall of the adjacent dwellinghouse would be reduced to less than 4 metres.

Reason: To ensure the visual impression of a low density residential development befitting an urban fringe location.

14. That each plot owner shall plant at least one tree of the following species during the first planting season (approximately November - April) after their dwellinghouse is occupied, viz:- lime, horse chestnut, sycamore, field maple, ash, oak or beech.

Reason: To replace trees lost as a result of the development and to ensure the replacement of locally growing species.

15. That the plot boundaries and corners of the dwellinghouses hereby permitted shall be pegged out on the site and shall be inspected by the Planning Authority, all prior to commencement of construction of the dwellinghouses.

Reason: To ensure the proposed dwellinghouses can be accommodated within the plots.

16. That the change of use of the private driveway to a road is only permitted if the footways, radii kerbs and visibility splays are all provided and achieved in accordance with the Strathclyde Regional Council "Guidelines for Development Roads" publication, adopted for use by North Lanarkshire Council.

Reason: In the interests of traffic and pedestrian safety.

17. That the two visitor parking bays hereby permitted shall measure 6 metres long by 2.5 metres wide.

Reason: In the interests of traffic safety and to accord with the Strathclyde Regional Council "Guidelines for Development Roads" publication, adopted for use by North Lanarkshire Counci 1.

18. That a 2 metre wide footway to sealed base course shall be provided on the south side of the site access road from Wishaw Low Road to the boundary of the Phase I1 Construction Consent prior to the visitor parking bays being brought into use.

Reason: In the interests of pedestrian safety. 104

19. That within one month of occupation of the last dwellinghouse within the Knowenoble Farm Development site, the footway referred to in condition 18 above shall be constructed to final wearing course level.

Reason: In the interests of traffic and pedestrian safety.

B. Extension of Development Site Boundary

Refuse on the grounds that the application site is allocated as green belt by policy El of the Finalised Wishaw Local Plan and policy ENV6 of the Southern Area Local Plan (Finalised Draft), and, as such, development of this ground for residential purposes would be contrary to the development plan.

NOTE TO COMMITTEE

1. If granted, this application will require to be referred to the Secretary of State for Scotland in accordance with the Town and Country Planning (Notification of Applications) (Scotland) Direction 1997.

List of Background Papers

Application form and plans dated 2411 1/98 Finalised Wishaw Local Plan (1986) Southern Area Local Plan, Finalised Draft (1 998) Letter from West of Scotland Water, dated 22/12/98

Any person wishing to inspect the above background papers should telephone Motherwell 302090 and ask for Mr Ashman. 105

APPLICATION NO. S/98/01593/AMD

REPORT

1. APPLICATION AND SITE

1.1 The applicant seeks planning permission for a number of amendments to the approved layout of the plotted development at the former site of Knowenoble Farm. The amendments consist of the addition of two dwellinghouses, although one is to be situated on an existing plot which has not shown a house type up to this point. A new visitor parking bay is to be located on the south side of the access road and it is proposed to convert an existing driveway serving two dwellinghouses to a new through road. The “road” presently leads to a site which has received outline planning permission for residential development. The conversion of this road would require alterations to kerblines. The final element of the application involves the change of use of an area of ground covering approximately 600 square metres, and presently zoned as green belt, to residential use.

1.2 The site is variously referred to as “Knowenoble Farm” and “Glen Noble”. It is located on the south-west fringe of Cleland village, off Wishaw Low Road. The access road into the site has been constructed and several houses are in the process of being built.

2. CONSULTATIONS

2.1 West of Scotland Waterisewerage had no objections to the proposed developments. The Scottish Environment Protection Agency have not replied.

1 J. DEVELOPMENT PLAN CONSIDERATIONS

3.1 The development plan consists of the approved Strathclyde Structure Plan, 1997 and, the North Lanarkshire Council Southern Area Local Plan (Finalised Draft), published in 1998. The Southern Area Plan allocates the development site as a private housing development under policy HSG2. The only part of the application site not allocated so, under policy HSG2. is the proposed extension to the overall development site, which is allocated as green belt, under policy ENV6.

4. COMMENTS AND OBSERVATIONS

4.I Certain elements of the proposed development are acceptable, others may be acceptable subject to additional works which may be covered by conditions. However, one element of the application is not acceptable. These will all be explained in order.

4.2 The provision of additional visitor parking spaces on the access road is regarded as a non controversial matter. It will, however, necessitate the construction of a two metre wide footway on the same side as the visitor parking bays (previously a 2 metre wide grass verge, or utility strip is all that was required).

4.3 The additional two dwellinghouses are also considered to be acceptable as the footprint of these dwellings ensures that the minimum plot criteria can be met. There will need to be 106

conditions attached to the consent for these dwellings regarding submission of full elevational details, positioning of windows and height restrictions.

4.4 The conversion of the driveway to a road is not so straightforward. Presently the driveway serves two house plots. This elongated driveway was only permitted as it was necessary to cover and protect a water main and to serve two dwellings which were remote from the access road in that no part of the two plots fronted onto it. It was therefore intended only as a private access and is not an adoptable road in its current form. However, it was constructed to an adequate width to act as a road serving more than two dwellinghouses. The applicant may have in mind plans to purchase land to the north of the current development site to construct more dwellings. This land currently has outline planning consent. This would require upgrading of the driveway, such as the installation of footways, radius kerbs and compliance with visibility splays. Nevertheless, there is no objection , in principle, to the conversion of use of the driveway.

4.5 The remaining matter of extending the site into the green belt does present a problem. Although covering approximately 600 square metres, it is an elongated site, measuring approximately 8 metres by 77 metres. It is located to the eastern side of “plot 29” and would effectively lead to an extension of the site nearer to existing housing on Wishaw Low Road. Although representing a relatively minor green belt incursion there would appear to be, from the submitted plans, no particular reason for allowing this other than to (unnecessarily) extend the garden ground of Plot 29. Furthermore, it could set an unfortunate precedent for the remainder of the green belt adjacent to the development.

4.6 The Southern Area Local Plan identified green belt boundaries in the vicinity of the application site. Boundaries in this location were largely determined by the solum of old Knowenoble Farm buildings, fence lines and the access road to the former buildings. It is known that the applicant has objected to this boundary on the Local Plan and that the matter will be addressed at the forthcoming Local Plan Inquiry. It is reasonable, in view of this, to assume that the applicant is seeking to pursue development on the wider green belt area between plot 29 and Wishaw Low Road. Indeed, the applicant has verbally indicated this on more than one occasion. On this basis, approval of even a limited amount of green belt release at this locus could adversely prejudice the Council’s position at the forthcoming Local Plan inquiry and it is for this reason that permission should not be given for this extension to the development site.

5. RECOMMENDATION

5.1 The construction of the additional lay by, the two extra dwellinghouses and the conversion of the driveway to a road accessing future development should all be permitted, subject to conditions. The extension to the development site into the green belt should not, however, be permitted. It should be noted that if my recommendation is accepted, it will not be necessary to refer the application to the Secretary of State. On the other hand, approval of the whole application would necessitate referral in accordance with the Notification of Applications requirements. 107

Application No. S/98/0 1664/FUL Date registered 4th December 1998 APPLICANT MR M. GALLACHER, DALZIEL HOMES LTD, HAGEN DRIVE, , MOTHERWELL Agent L.B.G. Waterston, New Bridgegate Church, 69 Dixon Road, Glasgow G42 8AT DEVELOPMENT CONSTRUCTION OF 9 HOLE GOLF COURSE AND 4 BY 4 OFF- ROAD TRACK AREA LOCATION LAND SOUTH OF OMOA COTTAGE, CHAPELKNOWE ROAD, MOTHERWELL

Ward No. 5 Grid Reference 279100 658200

File Reference S/PL/B/S/7 8/DA/JM

Site History Location of Golf Course was formerly part of Whitecraighead Farm

Development Plan Approved Strathclyde Structure Plan, 1997 - Policies GBI, GBIA, GB2 (All Green Belt) and NAT 3 (Nature Conservation) Southern Area Local Plan, Finalised Draft - Policies ENV 6 (Green Belt) and ENV 14 (Nature Conservation Sites)

Contrary to Development Plan No

CONSULTATIONS

Objection Central Scotland Countryside Trust, Scottish Natural Heritage, NLC Leisure Services No Objection Conditions No Reply Scottish Environment Protection Agency, Scottish Power, Lanarkshire Development Agency

REPRESENTATIONS

Neighbours One letter of objection Newspaper Advertisement Not Required

COMMENTS The applicant seeks planning permission to construct a 9 hole golf course? and a 4 by 4 off-road track area on a 90 acre site to the south of Chapelknowe Road, west of Cleland. The golf course would be an extension to the existing 9 hole course at Dalziel Park, thus making this an 18 hole course. The track area would be within a Site of Importance for Nature Conservation (SINC). One letter of objection has been received from a notified neighbour, although consultees have also raised \\ rv

U***, NORTH Prowed k PLANNING APPLICATION NO: 98/01664/FUL @ LANARKSHIRE PlUInlOg ndDadwrmnl ~uvncm sormrm hvrvm CONSTRUCTION OF 9 HOLE GOLF COURSE .-. COUNCIL 303 Bincm Sleet MOTHERWELL AND 4 BY 4 OFF ROAD TRACK AREA. ML1 1RS LAND SOUTH OF OMOA COTTAGE, CHAPELKNOWE ROAD, A TelWmcO1695 3021W FU 01698 302105 MOTHERWELL 1 :10000 os LISIICC LA OW1L 109

concerns. It is recommended that although the golf course may be granted planning permission, the track area should be refused. Full details are given in the attached report.

RECOMMENDATIONS

A. Construction of a 9 Hole Golf Course

Grant, subject to the following conditions:-

1. That the development hereby permitted shall be started within five years of the date of this permission

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

2. That before development starts, a report, prepared by an appropriately professionally qualified source, which determines the location and extent of any badger activity within and immediately adjacent to the application site, shall be submitted to, and, following assessment, be approved by the Planning Authority.

Reason: To ensure adequate measures are put in place to protect the species and associated habitats in the interests of nature conservation

3 That before development starts, revised layout plans of the golf course which show hedges to be retained, trees to be planted, sand bunkers to be built and any other associated features shall be submitted to, and, following assessment,be approved by the Planning Authority.

Reason: To allow the Planning Authority to consider these aspects in detail.

4. That notwithstanding the terms of condition 3 above, approval is not given for the position of the greens associated with holes (2) and (8) shown on the approved plans until the details required in terms of condition 3 are submitted to, and approved by the Planning Authority.

Reason: To allow the Planning Authority to consider these aspects in detail.

5. That notwithstanding the terms of condition 3 above, at least 30 trees of a species to be approved by Planning Authority, minimum height 2 metres, shall be planted within each of the areas shaded GREEN on the approved plans before the golf course is brought into use.

Reason: In the interests of the safety of the adjacent properties in that it should deter golfers from directing shots in the direction of these properties. 110

6. That before development starts, full details of the type of crossing over the right of way shall be submitted to, and approved by the Planning Authority, including any modifications as may be required.

Reason: To enable the Planning Authority to consider these aspects in detail.

7. That any disturbed ground on the right of way, which occurs as a result of construction of the crossing approved under the terms of condition 6 above, shall be reinstated to its previous condition as soon as work on the crossing ceases.

Reason: To ensure the right of way is kept clear of obstructions.

B. Creation of a 4x4 Off-Road Track Area

Refuse on the grounds that the application site is a Site of Importance for Nature Conservation and development in this location would be contrary to policy ENVl4 of the North Lanarkshire Council Southern Area Local Plan, Finalised Draft.

List of Background Papers

Application form and plans, dated 4/12/98 Letter from applicant, dated 151199 Strathclyde Regional Council Structure Plan 1995 Motherwell District Council, Finalised Wishaw Local Plan, 1986 North Lanarkshire Council, Southern Area Local Plan, Finalised Draft, 1998 Memo from Head of Parks & Catering (Conservation and Greening Section), dated 12/1/99 Letter from Central Scotland Countryside Trust, dated 13/1/99 Letter from Mr J Slaven, dated 5/1/99

Any person wishing to inspect the above background papers should telephone Motherwell 3 02090 and ask for Mr Ashman. 11 I

APPLICATION No. S/98/01664/FUL

REPORT

1. APPLICATION AND SITE

1.1 The applicant seeks planning permission to construct a 9 hole golf course, an implement shed, and a 4 by 4 off-road track area, all on a 90 acre site to the south of Chapelknowe Road, between Cleland and .

1.2 The golf course would not stand in isolation and would constitute an extension to the existing 9 hole golf course presently operating within the neighbouring Dalziel Park. Committee may wish to note that the original proposals for the Dalziel Park development included the provision of an 18 hole golf course although this was later reduced to 9 holes due to difficulties the developer was having in securing land from British Steel to extend the site. The current application would suggest that those difficulties may now have been resolved.

1.3 Access from one side of the golf course to the other would be via a crossing on the Cleland to right of way. The same right of way forms the dividing line between the proposed golf course (to the north of it) and the proposed 4 by 4 off-road track (to the south of it). Whilst details of the suggested golf course layout have been submitted, no details of the 4 by 4 centre have been forthcoming. However, this relatively recent leisure development involves four wheel drive vehicles driving across normally hilly terrain along defined tracks. There are no such clearly defined tracks within the application site (due to the density of some of the trees and bushes within the site access by foot is difficult). The applicant has verbally indicated that the vehicles would be kept near the golf clubhouse and access secured to the site via the old track to the former Whitecraighead Farm, running though the golf course.

1.4 The whole site is located to the east and north-east of Dalziel Park and forms the last section of land dividing Dalziel Park from Cleland village.

1.5 The site on which the golf course is proposed consists of recently abandoned arable or pasture -- fieids, separated by a good quaiity netwofi of long estabiished hedgerows. Tne iand is undulating but generally slopes downwards from Chapelknowe Road. The solum of a former mineral railway line, which in places constitutes the Cleland to Newarthill right of way, disects the application site in a roughly east to west direction. The proposed golf course occupies roughly two thirds, of the site and is bounded to the west by other former agricultural land, to the north by Chapelknowe Road (beyond hawthorn hedges) and Omoa Cottage, to the east by a smaller farm and associated access road and to the south by the right of way.

1.6 The site of the proposed 4 by 4 off-road track area, to the south of the right of way is bounded to the west by the golf course associated with Dalziel Park and to the south and east by the Tillan Burn. It is covered throughout by a mix of mature and semi-mature trees and bushes or other scrub and is an important breeding and nesting site for a wide variety of birds. It is also a suspected foraging area of badger activity. This has led to designation of the site as a Site of Importance for Nature Conservation (SINC). This is discussed in more detail below. 112

2. OBJECTION S/REPRES ENTA TI ON S

2.1 Two nearby residents visited the Council offices during the consultation period, although only one followed up the meeting with a letter of representation. The objection centres on the proximity of the implement shed to his dwellinghouse, Omoa Cottage. The plans indicate it would be around 70 metres from the cottage. The objector’s specific concerns are that it would effectively become a focus for drinkers and drug abusers who are already in the area; it would be the target of fire-raisers and would attract thieves, all of which would endanger the safety of his cottage.

2.2 The objector also seeks written assurance that golf balls will not hit his cottage and confirrriation of who would be responsible. He also seeks compensation for the loss of privacy through a request that tree planting be carried out. His final concern related to the effect of the proposed development on the value of his cottage.

3. CONSULTATIONS

3.1 Consultations were issued to the Council’s Leisure Services Department, Scottish Environment Protection Agency, Scottish Power, Central Scotland Countryside Trust and the Lanarkshire Development Agency.

3.2 The Leisure Services Department (Conservation & Greening Section) objected on the basis that a 4 by 4 off road track would be damaging to the woodland area which is protected by a SINC and in particular that it could damage bird feeding and nesting sites and communities of woodland and meadow plants. It is pointed out that this area could be considered as a woodland nature reserve with some limited access along existing pathways. With respect to the golf course, it is recommended that sections of the hedging remains as it is of value to nesting songbirds. The applicant is directed to the Scottish Golf Course Wildlife Group publication, “Greener Golf’ which deals with reconciling golf course and conservation issues.

3.3 Scottish Natural Heritage has similar concerns to those above, but also requires that a badger survey be carried out within the application site.

3.4 Central Scotland Countryside Trust also referred to the SINC status of part of the site, but raised additional concerns over possible damage to the right of way likely to be caused by 4 by 4 vehicles.

3.5 The other consultees did not respond.

4. DEVELOPMENT PLAN CONSIDERATIONS

4.1 In this instance, the development plan consists of the Approved Strathclyde Structure Plan. 1997, and the North Lanarkshire Council Southern Area Local Plan, Finalised Draft, 1998.

4.2 Policies of most relevance within these plans regarding this site are as follows:

Strathclyde Structure Plan - policies GB 1~ GB 1A, GB2 AND NAT 3 Southern Area Local Plan, Consultative Draft - policy ENV 6 and ENV 14 113

4.3 Policies GB 1, GB 1A, GB2, El and ENV 6 all relate to greenbelt considerations. In this instance, the proposed developments are not contrary to greenbelt policy and there is no need to examine these policies in detail.

4.4 However, part of the site is within a Site of Importance for Nature Conservation and therefore policies SAT 3 and ENV 14 are of relevance.

Policy SAT 3 states:

“Sites of regional or local nature conservation importance , including Local Nature Reserves and sites owned or managed by conservation bodies such as Scottish Wildlife Trust and Royal Society for the Protection of Birds, should be identified in Local Plans. Account should be taken of the conservation value of these sites when considering development proposals“.

Policy ENV 14 states:

“The Council will protect and enhance the natural resources by:-

1) Safeguarding the potential Special Areas of Conservation at Garrion Gill and Hassockrigg Mosses, Sites of Special Scientific Interest (SSSI) at Garrion Gill. the River Clyde at Hamilton Low Parks and at Hassockrigg Mosses, the RSPB Nature Reserve at Baron’s Haugh and the Local Nature Reserve at Perch:, Pond as shown on the Proposals Map.

2) Designating Local Nature Reserves (LNR), as resources permit, at the locations identified in Schedule ENV 14 and shown on the Proposals Map, and

3) Identifying and protecting other areas of importance to wildlife such as Sites of Importance for Nature Conservation (SINC) and Wildlife Corridors.

The Council will not permit development proposals which would adversely affect SSSls. LNRs. SINCs or Wcs”.

It should be noted that the application site is not listed in Schedule ENV 14 and thc S

5. COMMENTS AND OBSERVATIONS

5.1 The proposed development has two distinct elements, namely the golf course and the nt?-road track. Each of these has to be looked at separately.

5.2 There is no objection in development plan terms to the use of the former farmland as a golf course. With respect to the objection by the adjacent resident, the developer has deleted the proposed implement shed from his proposals during the course of processing the application. This removes most of the objector’s concerns. On his remaining objections, it is considered impractical to offer written assurance that golf balls will not enter his 114

property. Careful design of the holes nearest to his property and judicial use of planting, as requested by the objector should substantially minimise the risk. The hole nearest to his cottage is, according to tlie submitted plans, more than 40 metres away. It is impossible to say whether or not this distance is sufficient but, with intervening tree planting to be secured, seems reasonable. If any balls were to find their way into his property, the golf course owner (the applicant) or the player would be responsible as is the case with all other golf related developments. Concerns regarding valuation are not a relevant material consideration.

5.3 There are some outstanding matters regarding the golf course design, in particular the retention of hedge rows, where possible, and the location of tree planting. However, these can be covered by conditions attached to a grant of planning permission.

5.4 The 4 by 4 off-road track area does create more problems. Although insufficient details have been submitted for the track, in particular regarding access and layout, there was no point in pursing these details in light of the principle of the use being unacceptable. The applicant did not discuss the proposed track area prior to submission of the application and it may therefore be regarded as speculative.

5.5 As noted above, it is wholly located within an area shown on the Southern Area Local Plan Finalised Draft as a Site of Importance for Nature Conservation. This designation arose from implementation of the EC Habitats Directive which seeks conservation action over the wider mosaic of the countryside. Policy NAT 3 makes it clear that sites of local nature conservation importance should be identified in Local Plans. The SINC identified within the application site was designated under the Local Plan review process and is formally recognised in the Southern Area Local Plan Finalised Draft. The consultation responses from the Council’s Leisure Department, Central Scotland Countryside Trust and Scottish Natural Heritage all support this designation.

5.6 Clearly any disturbance of tlie ground within this SINC would disturb the habitat. 4 by 4 vehicles, by means of specially prepared tracks, noise and fumes will all cause disturbance. Furthermore it is inevitable that over time designated tracks would widen with continuous vehicle use causing more habitat damage. On this basis, the type of use proposed is not considered appropriate in a SINC.

6. RECOMMENDATION

6.1 The two distinct elements of this application have to be separated in my recommendation. Firstly, provided that additional details are provided before implementation, it is recommended that planning permission be granted for the golf course, which will have the effect of delivering the golf course envisaged by the original Dalziel Park masterplan. The additional details, such as the badger survey and landscape plans, can all be covered by conditions.

6.2 Secondly, the proposed 4 by 4 off-road track area would be likely to lead to significant damage to a SINC, which would be contrary to local plan policy and should not, therefore, be granted planning permission. 115

Application No. S/98/01606/FUL Date registered 1 December 1998 APPLICANT MEGA LEISURE, 23 CARRICK DRIVE, GLASGOW G32 ORW Agent J W Interiors, 33 Ingleston Avenue, Denny FK6 6QW DEVELOPMENT CHANGE OF USE AND ALTERATIONS TO FORM AMUSEMENT ARCADE LOCATION 223 MAIN STREET, BELLSHILL

Ward No. 30 Grid Reference

File Reference

Site History Retail unit, most recently used as a fishmongers. Major renovation works to block currently undenvay; consent for new shopfront granted, November 1998.

Development Plan Retail (Bellshill & Local Plan) Town Centre (Finalised Draft Southern Area Local Plan)

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Bellshill Community Council, Strathclyde Police Conditions NLC Environmental Services No Reply

REPRESENTATIONS

Neighbours 4 objections received Newspaper Advertisement No Response

COMMENTS This application seeks permission for the change of use of a shop (currently vacant) to an amusement arcade. The proposal involves the installation of 18 ‘Amusement with Prizes’ machines, and no video games or other such attractions; the applicants intend to operate from 10 am to 6 pm Monday to Saturday, and have indicated that there would be no admittance to persons under 2 1 years of age.

Four objections have been received from notified neighbours, details of which are contained in the attached report. -bl PLANNING APPLICATION NO: S/98/01606/FUL ~rnD-.DmaDqmnm sapm- CHANGE OF USE AND ALTERATIONS TO YnBnanSmr WTHERWEU FORM AMUSEMENT ARCADE yL1 1Rs 223 MAIN STREET, BELLSHILL -h(k-S-* r.phaotmwmm ~~lromwy12ioi A h-dh-db- FOnof Objector(s) s=Ja-l-ooan- W-UooD(1L 1:1250 --Loan- * ndlqbmb-wc- 117

RECOMMENDATION Grant, subject to the following conditions:-

1. That the development hereby permitted shall be started wihfive years of the date of thls permission

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

2. That the permission hereby granted relates to a change of use only and, notwithstandmg the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no alterations shall be made to the external appearance of the building.

Reason: To enable the Planning Authority to retain effective control, in order to ensure an appropriate standard of shopfiont.

3 That the &splay window shall be used, at all times, for the &splay of goods available for sale wihthe premises.

Reason: To enable the Planning Authority to retain effective control, in order to ensure an appropriate degree of visual interest within a retail area.

4. That the opening hours of the premises hereby granted planning permission shall be limited to between 10 am and 6 pm on Mondays to Saturdays and shall not be open at any time on Sundays.

Reason: To safeguard the amenity of neighbouring residential properties, and to accord with the stated intentions of the applicants.

5. That no amplified music shall be played wibthe premises.

Reason: To safeguard the amenity of neighbouring residential properties, and to accord with the stated intentions of the applicants.

6. That the amusement arcade hereby permitted shall contain only "Amusement with Prizes" machines, and shall not contain any "Amusement Only" machmes.

Reason: To define the permission.

7. That no games of a sessional nature shall take place at any time on the premises.

Reason: To define the permission. 118

List of Background Papers

Application form and plans Letter dated 26/11/98 from J W Interiors Letter dated 16/12/98 from J W Interiors Letter dated 22/12/98 from J W Interiors Bellshill & Mossend Local Plan Southern Area Local Plan Finalised Draft Memo dated-16/12/98 from Director of Environmental Services Letter dated 18/12/98 from Bellshill Community Council Letter dated 18/12/98 from Strathclyde Police Memo dated 7/1/99 from Transportation Team Manager Letter dated 1/12/98 from Bowie Castlebank Group Letter dated 4/12/98 from Marshal1 Ross & Munro Letter dated 30/11/98 from Wilson Photography Letter dated 7 1/2/98 from Andrew K Georgiou

Any person wishing to inspect the above background papers should telephone Motherwell 302088 and ask for Les Stevenson. 119

APPLICATION NO.: S/98/01606/FUL

REPORT

1. PROPOSAL AND SITE

1.1 This application is for the change of use of a shop unit in Main Street, Bellshill to an Amusement Arcade. The premises are currently vacant, having most recently been used as a fishmongers, and the building is undergoing major renovations following the discovery of structural problems. Most of the neighbouring properties are in commercial use, although there is a flat immediately above the proposed arcade.

1.2 The proposal involves the installation of 18 ‘Amusement with Prizes’ machines, and no video or other type of amusement machines. The applicants have indicated that the premises would open 10 am - 6 pm, Monday to Saturday, and that no food or snacks would be sold and no music played. Two full-time and one part-time staff would be employed, and an over 21 entrant policy would be applied. The display window would contain goods available for purchase in the premises.

2. CONSULTATIONS

2.1 Strathclyde Police had no adverse comments to make on the proposal.

2.2 Bellshill Community Council had no objections to the application.

2.3 NLC Environmental Services had no objections, subject to the premises meeting the standards of the relevant Health & Safety etc. legislation.

3. OBJECTIONS RECEIVED

3.1 The usual neighbour notification procedure was carried out, and the proposal was advertised in the Bellshill Speaker, and a total of 4 letters of objection were received. Two of these came from businesses within the same block, one from a resident of the block and one froin a business on the other side of Main Street. In summary, these objections covered the following points:-

a) An arcade would not be an appropriate use for a predominantly retail area. b) It would be likely to attract troublemakers, resulting in vandalism, and disruption to customers of nearby businesses. c) It would adversely affect the amenity of the resident, with young people likely to congregate at the pend close and in the garden area. d) Noise would result in the evening and at weekends. e) It would have a negative impact on Main Street. f) There are already adequate amusement arcades in the town.

4. OBSERVATIONS

4.1 None of the formal consultees, including both the Police and the Community Council, raised any objections to the proposal. 120

4.2 Most of the points of objection related to matters such as noise, disturbance and adverse effects on the amenity of the area. However, it should be noted that this proposal would operate similar hours to most shops, and would not open in the evening; it should also be noted that the applicants intend to install only gaming machines, and not video amusement machines. Such amusement arcades tend to appeal largely to shoppers, rather than youths, and as such generally pose less of an amenity problem.

4.3 The objection suggesting that an amusement arcade would not be an appropriate use for a town centre should be considered in the light of the Scottish Office advice on such matters. In general terms, this advises planning authorities to encourage diversification of uses in tlie town centre as a whole, and includes recreational uses as suitable occupiers. With particular reference to amusement centres, the Government advice is that they are most appropriately sited in secondary shopping areas, or in areas of mixed commercial development. The site of this application is in such an area, with shops, banks, restaurants, cafes and public houses all located a short distance away.

4.4 The objection relating to the sufficiency of existing amusement arcades is not valid in planning terms.

4.5 Another consideration must also be the relevant Local Plan policies. The Finalised Draft of the Southern Area Local Plan contains a policy (RTL 11) which suggests that uses such as Amusement Arcades should preferably be located in Town Centres or similar commercial areas, provided that their immediate impact on local amenity is acceptable.

4.6 It must be noted that the decision of the Council on the planning application should be based on land-use planning matters (such as the likely effect on amenity), and that “moral” issues (such as gambling) are not a relevant basis for reaching a decision.

5. CONCLUSIONS

5.1 This proposal relates to a small, vacant shop in a town centre location, and involves a type of use which would be unlikely to cause serious amenity problems (given the hours of operation and the nature of the machines to be installed). While I recognise that such uses can generate genuine concerns from neighbouring businesses and residents, 1 am satisfied that the limited nature of this proposal can be satisfactorily accommodated in a town centre location. I therefore recommend that permission be granted, subject to a number of conditions to control tlie use. 121

Application No. S/98/0 164 1/OUT Date registered 3rd December 1998 APPLICANT JOHN RAFFERTY, 26A BELLSIDE ROAD, CLELAND, ML15NP Agent DEVELOPMENT ERECTION OF DWELLINGHOUSE LOCATION 26B BELLSIDE ROAD, CLELAND

Ward No. 19 Grid Reference 280733 658346

File Reference S/PL/B/4/34(125)DNJM

Site History No significant site history

Development Plan Zoned Green Belt on Southern Area Local Plan Finalised Draft (1998) Contrary to Development Plan Yes

CONSULTATIONS

Objection No Objection Coal Authority Conditions No Reply West of Scotland Water, Scottish Environment Protection Agency

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement No Response

COMMENTS The applicant seeks planning permission in outline for the construction of a dwellinghouse on ground to the rear of his existing dwelling on Bellside Road, Cleland. The site is set back approximately 50 metres fiom the road and would effectively constitute backland development. The application site is also within the Green Belt. However, it is clearly contiguous to the built up area and mirrors developments elsewhere along Bellside Road. It is recommended that permission be granted.

RECOMMENDATION

Grant, subject to the following conditions:-

1. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; i

-h PLANNING APPLICATION No. S / 01641 / OUT I--=Wrnorr*rnmmtDopmnm I98 Qmnmcrnmm 03srrmostrsot OTHERWEU IL1 1RS ERECTION OF DWELLINGHOUSE ~-mc*p.Ix.y.mm~*m -01UC53U21m Fn. 016% 3021012 A m PnMam o( t!m upf. 13250 sommomaocmm~- is LroMLAOOOltL 26b BELLSIDE ROAD, CLELAND. l--npaaranthnpncmmw a-.a~Imto~W~~ 123

(c) the layout of the site, including all roads, footways, and parking areas (d) the details of, and timetable for, the hard and soft landscaping of the site; (e) the design and location of all boundary walls and fences; (f) the provision of drainage works; (8) the disposal of sewage; (h) details of existing trees, shrubs and hedgerows to be retained; (i) details of existing and proposed site levels.

Reason: To enable the Planning Authority to consider these aspects.

2. That the development hereby permitted shall be started, either within five years of the date of this permission, or within two years of the date on which the last of the reserved matters are approved, whichever is the later.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

3. That within three years of the date of this permission, an application for approval of the reserved matters, specified in condition 1 above, shall be made to the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

4. That before the development hereby permitted starts, a report shall be submitted to the Planning Authority regarding the stability of the site for the development proposed and this report shall be based on a professionally supervised and regulated boring programme.

Reason: To ensure the mineral stability of the area.

5. That before development starts, details of a scheme, which provides sufficient space within the curtilage of the application site for:- (a) the parking and manoeuvring of 2 cars; (b) the provision of turning areas so that all vehicles enter and leave the site in forward gear shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required.

Reason: To ensure the provision of adequate parking and manoeuvring facilities within the site in the interests of road safety.

6. That a visibility splay of 2.5 metres by 90 metres, measured from the road channel, shall be provided on both sides of the vehicular access and before the dweliinghouse hereby permitted is occupied, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: In the interests of traffic and pedestrian safety. 124

7 That before the dwellinghouse hereby permitted is occupied, a 3 metre wide dropped kerb vehicular access shall be constructed in the position shown on the approved plans, in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority.

Reason: To ensure the provision of satisfactory vehicular access facilities.

8. That before the dwellinghouse hereby permitted is occupied, a private vehicular access, or driveway, of at least 10 metres in length, shall be provided and the first 2 metres of this access, beyond the limit of the adjoining road, shall be surfaced in an impervious material, to be approved by the Planning Authority.

Reason: To ensure the provision of adequate parking facilities within the site and to prevent deleterious material being carried onto the road.

List of Background Papers

Application Form and Plans, dated 3/12/98 Southern Area Local Plan (Finalised Draft) Consultation Reply from The Coal Authority, dated 25/12/98

Any person wishing to inspect the above background papers should telephone Motherwell 3 02090 and ask for h4r Ashman.