North Council

DEPARTMENT OF PLANNING AND ENVIRONMENT

Planning Applications for consideration of the Planning and Environment Committee

Committee Date: 7 July 2004

Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved

1 APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 7 JULY 2004

Page No. Application No. Applicant DevelopmentlLocus Recommendation

4 N/04/00138/FUL W G Mitchell Construction of a Class 4 Grant () Ltd Business Unit - Site to the South of 2-1 0 Napier Place Wardpark North,

9 N/04/00629/FUL Mr & Mrs Paterson Extension to a Dwellinghouse - Grant 12 Truro Avenue G69 OPQ

14 N/04/00680/OUT OK1 UK Ltd Construction of Production Facility Grant (P) for OK1 (18500 Square Metres) a Retail Warehouse Park (30650 Square Metres) and Three Fast Food Outlets - 3 Road Wardpark North Cumbernauld G68 ODA

40 N/04/00734/FUL Mr & Mrs Muir Erection of a Conservatory Grant 18 Gartcarron Hill Balloch Cumbernauld G68 9BS

45 N/04/00755/FUL Mr & Mrs Egan Extension to a Dwellinghouse Grant 11 Redhill Road Balloch Cumbernauld G68 9AS

50 N/04/00791/FUL Mr A Hussain Change of Use to Form Indoor Grant Soft Play Centre and Separate Childrens Nursery - 2 Old Quarry Road Westfield Cumbernauld G68 9NB

54 C/03/01827/AMD Miss Elaine Tennant Erection of Two Single Storey Grant Dwellings and Re-Alignment of Boundary Wall - Land West of 6 Ballochnie View Meadowhead Road Plains

61 C/04/00117/FUL Theresa Fagan Erection of Building for Shelter of Grant Horses & Sheep - Land East of 15 Dykehead Road Airdrie

65 C/04/00371/FUL Heritage Park Design Erection of Conservatory and Grant Dormer Extension to House - 85 Road Greengairs Airdrie

68 C/04/00468/FUL MM 02 (Ltd) Erection of 1Om high Grant telecommunications monopole and 2 associated cabinets - Land South West of Junction of Bankhead Avenue With Viewfield Road

72 C/04/00491/FUL Mr Mohammad Mohsin Erection of 3 Storey Block of 6 No Grant Flatted Dwellings with Associated Car Parking - 59 Colt Terrace Coatbridge

2 APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 7 JULY 2004

Page No. Application No. Applicant DevelopmentlLocus Recommendation

77 C/04/00658/FUL Mr and Mrs G Kane, Rear extension to dwellinghouse - Grant 37 Callander Road Chapelhall Airdrie

81 C/04/00718/REM Mr A J Gardiner Erection of Dwellinghouse Grant (Reserved Matters) - 13 Dunbeth Avenue Coatbridge

88 C/04/00848/FUL K. Johnston Erection of Shed for Use as Grant Pigeon Loft (In Retrospect) - 69 Gartleahill, Airdrie

93 C/04/00897/FUL Aileen Leslie Two Storey Extension Grant Incorporating Car Port to Side of Dwellinghouse and Erection of 1.83 Metre High Fence - 47 Kiltarie Crescent, Airdrie

98 C/04/00902/AMD Heritage Park Design Revised Access Road Layout Refuse (Amendment to Planning Permission C/03/00637/FUL - Construction of 5 Dwellinghouses) 85 Greengairs Road Greengairs Airdrie

103 C/04/00912/OUT Mr James Fraser Erection of Dwellinghouse (in Refuse outline) - 6 Mount Vernon Avenue Coatbridge

108 C/04/00922/FUL Mr and Mrs Lees Two storey extension to Grant dwellinghouse - 5 Golfview Drive Coatbridge

112 S/04/00489/FUL Mrs M Kennedy Regrading of Land Using Grant Imported and Demolition Material Greenhill Farm Greenhill Road Cleland MLI 5NF

115 S/04/00794/FUL Mr Pat Murphy Proposed Replacement of Locker Grant Treasurer Building - Burnhead Bowling Club Sycamore Avenue, Uddingston

118 S/04/00801/FUL Mr & Mrs McConnigal Erection of Rear Conservatory - Grant 41 North Lodge Avenue Motherwell MLI 2SB

N/04/00680/0UT If approved, refer to the Scottish Ministers

3 Application No: N/04/00138/FUL

Date Registered: 5th February 2004

Ap pI ica nt : W G Mitchell (Scotland) Ltd 9-10 St Andrews Square EH2 2AF

Agent Bradford Robertson Architects Fortune House 74 Waterloo Street G2 7DA

Development: Construction of a Class 4 Business Unit

Location: Site to the South Of 2-10 Napier Place, Wardpark North, Cumbernauld

Ward: 57: Westerwood, Carrickstone And Councillor Gordon Murray

Grid Reference: 277822677781

File Reference: N/04/00138/FUL

Site History: No recent history

Development Plan: Covered by Industrial Policy IB1 of the Cumbernauld Local Plan, 1993

Contrary to Development Plan: No

Consultations: S.E.P.A. (East) (Comments) Scottish Water (No objection)

Representations: 1 Representation Letter

Newspaper Advertisement: Not Required

Comments:

This planning application proposes the construction of a Class 4 office building on part of a car park in the Wardpark North Industrial Estate in Cumbernauld. The car park is a general car park and is not assigned to any particular unit in the locale. The applicant advises that the proposed development will include car parking sufficient to provide adequate parking for the proposed office building and also meet the current level of usage of the car park. The two-storey building will extend to 2,400m2 and will provide the following accommodation :- e Ground Floor : 8 x 90 m2 units ;an office; meeting room; shop unit and cafe of 115 m2 First Floor : multiple units ranging from 43 to 490 m2; meeting room; communal toilet facilities

4 5 An objection has been received from Diesel Recon Ltd who occupy 2-1 0 Napier Place. They advise that the car park is currently used by up to 40 cars per day and that the proposed development will cause parking problems. They also have concerns that access to their premises will be restricted during construction and that there may be excessive noise to the detriment of their normal business.

The operations to construct the office building would be temporary and therefore any disruption would be short lived. The use of the car park has been randomly and periodically evaluated since the application was received and it would appear that 36 cars are normally parked in the car park. The proposed development provides parking for 78 spaces. However, if the junction improvements requested by my Transportation Section are implemented, this number is reduced by 7 spaces. Based on the parking requirements generated by the proposed office building (ie. 48 spaces), and the existing level of parking, then this is slightly short of what could be regarded as sufficient. While there is scope to reposition the building and achieve an increased area of parking, the proposed layout works well and the retention of existing landscaped areas will ensure that the proposed building sits satisfactorily in its surroundings. It is also considered that the improvements to the junction should take priority over car parking spaces. Accordingly, it is considered that the proposed development is acceptable in parking terms.

It is worth noting that the applicants have control over all of the land around the application site. If parking becomes a problem in this general area then the applicants have the ability to remedy the situation and provide additional parking. It should also be noted that as the applicants own the car park they could, without needing any approval from the Council, stop it being used for general parking.

The proposed office building, which will be of the ‘business centre’ format, represents a significant investment in the industrial estate and will diversify the range of premises available.

It is considered that, despite the objection, the proposed development accords with the Industrial zoning of the site in the Local Plan and as such it is recommended that planning permission be granted.

Recommendation: Grant Subject to the Following Conditions:-

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

That before the development hereby permitted starts, full details of the design, location and maintenance of the surface water drainage scheme to be installed within the site shall be submitted to and approved in writing by the Planning Authority, and except as may otherwise be agreed in writing by the Planning Authority, the scheme shall comply with the principles of Sustainable Urban Drainage Systems (SUDS)

Reason: In the interests of water quality and the environment

That before the office building hereby permitted is brought into use, the surface water drainage scheme approved under the terms of Condition 2 above shall be installed, and thereafter maintained in accordance with the approved details.

Reason: In the interests of water quality and the environment.

That notwithstanding what is shown on the approved plans, before the development hereby permitted starts, a scheme shall be submitted and approved in writing by the Planning Authority detailing the following:

6 a) the removal of the proposed parking bays, at the T-Junction (Napier Place), and the re- alignment of the kerbing to create a priority junction. b) the provision of a pedestrian link on the east side of Napier Place, from Napier Road towards nos. 2-10 c) enhanced pedestrian crossing points on Napier Road, d) provision and maintenance of sightlines at both the newly formed priority junction and at the existing junction with Napier Road in accordance with the Council’s Roads Guidelines, e) provision of vertical measures to restrict indiscriminate or footway parking

Reason: In the interests of road and pedestrian safety

5. That before the office building hereby permitted is brought into use the measures approved under the terms of Condition 4 above shall be implemented in accordance with the approved details.

Reason: In the interests of road and pedestrian safety

6. That before the office building hereby permitted is brought into use, the parking areas detailed 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 works, and clearly marked out and shall, thereafter, be maintained for parking.

Reason: To ensure that adequate parking is provided for the proposed building.

7. That before the development hereby permitted starts, full details of all external materials to be used in construction, including walls, roofs, windows, doors, shall be submitted to, and approved in writing by the Planning Authority.

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

8. 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, 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.

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

9. That within one year of the occupation of the office building hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of Condition 8 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.

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

10. That the permission hereby granted shall relate to the use of the building solely for a use included within Class 4 of the Town and Country Planning (Use Classes) (Scotland) Order 1997.

Reason: To define the scope of the planning permission

Background Papers:

Application form and plans received 4th February 2004

Letter from S.E.P.A. (East) received 8th April 2004 Letters from Scottish Water received 18th & 25th February 2004

Letter from Des Kelly,ReCon UK, 2/20 Napier Place, Wardpark North, Cumbernauld , Glasgow, G68 OPB received 12th February 2004.

Any person wishing to inspect these documents should contact Graeme Lee at 01236 616474.

8 Application No: N/04/00629/FUL

Date Registered: 21 st April 2004

Applicant: Mr & Mrs Paterson 12 Truro Avenue Moodiesburn Glasgow

Agent KWC Architectural Services 9A Lowndes Street Barrhead Glasgow G78 2QX

Development: Extension to a Dwellinghouse

Location: 12 Truro Avenue, Moodiesburn

Ward: 67: Moodiesburn East and Blackwood West Councillor William Hogg

Grid Reference: 269846.671 155.

File Reference: N/04/00629/FU L

Site History:

Development Plan: The site is covered by residential policies in the Northern Corridor Local Plan (Finalised Draft) 2000.

Contrary to Development Plan: No

Consultations: None

Representations: 1 Representation Letter

Newspaper Advertisement: Not Required

Comments:

This application is for the construction of an extension to the side of the property at 12 Truro Avenue, Moodiesburn. One letter of representation has been received from the neighbour, the points of which are outlined in the accompanying background report. Notwithstanding the objections, it is recommended that planning permission be granted.

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.

9 10 2. That the facing materials to be used for the external walls and roof shall match in colour and texture those of the existing adjoining building.

Reason: To ensure that the development hereby approved complements the adjoining dwellinghouse in the interests of amenity.

3. That before the development hereby permitted is completed, a further car parking space shall be provided within the curtilage of the front garden area adjacent to the existing driveway thus resulting in a double width driveway to the satisfaction of the Roads Authority and shall, thereafter, be maintained as parking spaces.

Reason: In the interests of traffic and pedestrian safety.

Background Papers:

Application form and plans received 21st April 2004

Memo from Traffic and Transportation Team Leader received 4th June 2004

Letter from Occupier, 10 Truro Avenue, Moodiesburn, G69 OPQ received 5th May 2004.

Any person wishing to inspect these documents should contact Mrs. Devlin at 01236 616463.

11 APPLICATION NO. N1041006291FUL

REPORT

DescriDtion of Site and ProDosal

This application is for the construction of an extension to the side of the property at 12 Truro Avenue, Moodiesburn. The property is a one and a half storey semi-detached house set within an existing residential area. The extension will result in the provision of a sitting room and extended kitchen at ground floor level, and the extension of an existing box room to create a bedroom and a further bedroom at first floor level.

DeveloDment Plan

The site is covered by residential policies in the Northern Corridor Local Plan (Finalised Draft) 2000.

Consultations and Representations

My Transportation Section has concerns that the proposal will result in only one car parking space being left at the property, however a condition can ensure the provision of a further parking space within the front garden area.

One letter of objection has been received from the neighbours at 10 Truro Avenue, the main points of which are summarised as follows:-

+ There is concern that the roof of the proposed extension would overhang the common bound a ry

Comment :The plans show the proposed extension being 0.2 metres from the boundary at the front tapering to 0.1 metres at the rear. From the plans it would appear that the roof would marginally overhang the common boundary from the mid-point of the extension to the back. This however is a legal issue between the parties involved and is not a material planning consideration.

+ Concern has been expressed at the lack of parking provision, as the proposed extension would result in the loss of part of the driveway and access to the existing garage. It is pointed out that as the applicants currently have 4 cars then the loss of parking provision would result in an increase in on-street parking in an area that already has a high level of on-street parking.

Comment .- It is agreed that the provision of just one car parking space is not adequate provision for what would become a four-bedroom house. However, a condition can be attached to the consent requiring the provision of a further car parking space in the front garden area. This is a common arrangement throughout .

+ The proposal would result in no access to the rear of the property to bring round the wheelie bin and in this respect the proprietors have stated they will not allow access onto their land. It is further stated that keeping the bin to the front of the property would be an eyesore, and there would be no room if cars are parked in the front garden. The situation will be exacerbated if they receive a further bin for garden refuse.

Comment : The issue of access on to the neighbour’s land is a legal matter between both parties and is not a material planning consideration. It is considered that storing the bin(s) at

12 the front of the property, while not an ideal situation, is not a serious enough issue in itself to warrant refusal of permission. There is sufficient space within the front garden area to accommodate the wheelie bins and an additional parking space.

4. PIann i na Assessment and Co nc Iu s io ns

4.1 Planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. In this case, the proposal is not contrary to the development plan and the main issue is the impact of the proposed extension on the neighbouring proprietor in particular and on parking within Truro Avenue in general.

4.2 It is considered that the design and scale of the proposed extension is acceptable from a planning viewpoint and that it will have little, in any, impact on the occupiers of the neigbouring property at 10 Truro Avenue. The issue of car parking is not always easy to resolve, but two spaces will be available for the occupants of No. 12. Notwithstanding the objections raised by the neighbouring proprietors, and discussed in Section 3 above, it is recommended that planning permission be granted.

13 Application No: N/04/00680/0UT

Date Registered: 30thApril 2004

Applicant: OK1 UK Ltd 3 Castlecary Road Wardpark North Cumbernauld Glasgow, G68 ODA

Agent Keppie Planning Limited 160 West Regent Street Glasgow, G2 4RL

Development: Construction of a Production Facility for OK1 (18,500 Square Metres), a Retail Warehouse Park (30,650 Square Metres) and Three Fast Food Outlets.

Location: 3 Castlecary Road, Wardpark North, Cumbernauld.

Ward: 57: Westerwood, Carrickstone and Dullatur Councillor Gordon Murray

Grid Reference: 277650.677355.

File Reference: N/04/00680/0UT

Site History: N/O3/00120/0UT : Granted, 4'h November 2003 Construction of a Production Facility for OK1 (18,500 Square Metres), a Retail Warehouse Park (30,650 Square Metres) and Three Fast Food Outlets.

N/04/00374/REM : Granted, 1lth May 2004 Construction of Class 5/6 Production/Storage Unit with associated Roadworks, Parking and Landscaping.

Development Plan: The site is covered by Industrial I Business Policies in the adopted Cumbernauld Local Plan 1993.

Contrary to Development Plan: Yes

Consultations: NLC Protective Services (Comments) NLC Community Services (No Objections) Amey Highways Ltd (Comments) Scottish Natural Heritage (Com ments) S.E.P.A. (East) (Comments) East Dunbartonshire Council (Objection) Falkirk Council (Objection) Glasgow City Council (Comments) West of Scotland Archaeology Service (Comments) Scottish Water (Objection) Representations: None Received

Newspaper Advertisement: Advertised on 5th May 2004

14 N A

15 Comments:

This outline application extends over the existing industrial site occupied by OK1 and an adjacent unoccupied industrial site. The applicants propose to construct a new 18,500 square metre production facility within the unoccupied area, demolish the existing OK1 building and then construct a new retail park on that area of the site. The retail park would provide 30,650 square metres of 'bulky goods' shopping floorspace, together with three fast food outlets and the ancillary parking and servicing facilities and landscaping. The remaining part of the site, adjacent to the new production facility, would be reserved for future expansion of OK1 or further business I industrial use.

The application is a duplicate of Outline Planning Application, reference N/03/00120/0UT which was granted permission in November 2003. It has been submitted directly by OK1 (UK) Ltd. whereas the previous application was submitted by a company called Ashleigh Property Development Limited. The reason behind its submission relates to a contractual dispute between the two parties.

It should be noted that, if the Committee is minded to grant consent, the application will require to be notified to the Scottish Ministers. The previous application was notified to the Ministers, who decided that it did not require to be referred to them for determination.

Recommendation: Grant Subject to the Following 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 before development starts, further planning applications 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) details of provision for the future management and maintenance of the areas identified in (d) above; (f) the design and location of all boundary and other walls and fences; (4) the provision for loading and unloading of all goods vehicles; (h) the phasing of the development; (i) details of existing trees, shrubs and hedgerows to be retained and measures for their protection during the construction of the development; (j)details of existing and proposed site levels.

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

3. That within three years of the date of this permission, applications for approval of the reserved matters, specified in Condition 2, 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 of the Retail Park hereby permitted starts, a report describing the soil and ground conditions prevailing over the area of site outlined in green on the approved

16 plans (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 this area of the site, shall be agreed in writing with the Planning Authority and development of the Retail Park shall not be commenced until these works have been completed.

Reason: To ensure the proper treatment of the ground in the interest of health and safety.

5. That following completion of all works required under the terms of Condition 4, a certificate from a suitably qualified person or body shall be submitted to the Planning Authority confirming that all the necessary works have been carried out in full and to a satisfactory standard.

Reason: To ensure compliance with Condition 4 in the interests of health and safety.

6. That before any part of the development hereby permitted starts, detailed designs for all works to the road networks and junctions and pedestrian facilities identified in the Transportation Assessment, shall be submitted to and approved in writing by the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects in the interests of traffic and pedestrian safety.

7. That before any part of the development hereby permitted starts, details of the phasing and programming of all landscaping, building construction and works, and road and footpath alterations and construction (within and outwith the application site), shall be submitted to and approved in writing by the Planning Authority.

Reason: To enable the Planning Authority to retain effective control, to ensure adequate provision for traffic circulation during all stages of construction and to safeguard the amenity of the area.

8. That the development shall be implemented in accordance with the programme approved under the terms of Condition 7.

Reason: To enable the Planning Authority to retain effective control, to ensure adequate provision for pedestrians during all stages of construction and to safeguard the amenity of the area.

9. That before the development of the Retail Park hereby permitted starts, a scheme for the execution of a survey to assess the condition of the existing public footpath network in the locality of the application site and identify opportunities for improvements and additions to the network which would improve the accessibility of the development for pedestrians, shall be submitted to and approved in writing by the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects in the interest of pedestrian safety.

10 That within three months of the approval of the method in writing, the survey agreed under the terms of Condition 9 shall be undertaken and the results submitted to the Planning Authority.

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

17 11. That before the development of the Retail Park hereby permitted starts, a Schedule of proposed improvements to the pedestrian network, including design details and a timetable for the execution of the works, shall be submitted to and approved in writing by the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects in the interest of pedestrian safety.

12. That before any retail unit hereby approved is open and trading the works approved under the terms of Condition 11 shall be completed.

Reason: In the interest of pedestrian safety.

13. That before the building hereby permitted is occupied, a Travel Plan, aimed to encourage more sustainable means of travel, shall be submitted to and approved in writing by the Planning Authority in consultation with the Scottish Executive Trunk Roads Network Management Division. (The Travel Plan shall have particular regard to provision for walking, cycling and public transport access to and within the site, identify measures to be implemented, modal split targets, the system of management, monitoring, review, reporting and the duration of the plan.)

Reason: To ensure the development and implementation of an effective Travel Plan for the production facility in the interests of achieving sustainable transport.

14. That, except as may otherwise be agreed in writing by the Planning Authority, the development of the Retail Park hereby permitted shall not commence until the production facility, also hereby permitted, is occupied and in operation.

Reason: To enable the Planning Authority to retain effective control and to secure continuity of industrial employment on the site.

15. That, notwithstanding the generalities of Condition 2, there shall be no less than three Class 1 (Retail) Units constructed within the area of the site outlined in green on the approved plans.

Reason: In the interest of the proper planning of the area and to prevent the development of an isolated retail warehouse unit.

16. That, notwithstanding that this permission is in outline only, the provisions of the Town and Country Planning (Use Classes) (Scotland) Order 1992 and the generalities of Condition 2, the use of the Class 1 (Retail) Units hereby approved shall be restricted to the sale of the following categories of goods;-

DIY, furniture, carpets, electrical, gardening.

Reason: To define the permission in accordance with the submitted details, and to ensure the protection of nearby retail centres in accordance with the aims of the development plan.

17. That, notwithstanding that this permission is in outline only, the provisions of the Town and Country Planning (Use Classes) (Scotland) Order 1997 and the generalities of Condition 2, no more than two of the Class 1 (Retail) Units hereby approved shall at any time be occupied by

18 retailers primarily offering for sale goods from any one of the categories referred to in Condition 16.

Reason: To define the permission and to ensure the development of a Retail Park which meets the needs of the primary catchment area.

18. That, notwithstanding that this permission is in outline only, the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 and the generalities of Condition 2, no single Class 1 (Retail) Unit constructed within the area of the site outlined in green on the approved plans shall have a gross external floor area of less than 2,300 square metres.

Reason: To define the permission and to ensure the protection of nearby retail centres in accordance with the aims of the development plan.

19. That, notwithstanding that this permission is in outline only, and the generalities of Condition 2, the total gross external floor area of all the Class 1 (Retail) Units to be constructed on the area of the site outlined in green on the approved plans shall be no more than 30,700 square metres and there shall be no more than 5,200 square metres of ancillary provision such as external sales areas or yards.

Reason: To define the permission and to ensure the protection of nearby retail centres in accordance with the aims of the development plan.

20. That, notwithstanding that this permission is in outline only and notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, the provision of mezzanine levels within the Class 1 (Retail) Units shall require planning permission.

Reason: To define the permission, to restrict the total retail floorspace within the development, to ensure the protection of nearby retail centres in accordance with the aims of the development plan and to ensure the provision of adequate parking and access facilities.

21. That, notwithstanding that this permission is in outline only, and the generalities of Condition 2, the total gross external floor area of all the Class 3 (Food and Drink) Units to be constructed on the area of the site outlined in green on the approved plans shall be no more than 1,800 square metres.

Reason: To define the permission and to ensure the protection of nearby retail centres in accordance with the aims of the development plan.

22. That, notwithstanding that this permission is in outline only, and the provisions of Class 10 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, the permitted development rights of premises within Class 3 of the Town and Country Planning (Use Classes) (Scotland) Order 1997 in relation to Change of Use shall not apply, and that all proposed changes of use for such premises shall require planning permission.

Reason: To define the permission and to restrict the total retail floorspace within the development in order to ensure the protection of nearby retail centres in accordance with the aims of the development plan.

19 23. That, notwithstanding that this permission is in outline only, and the provisions of the Town and Country Planning (Use Classes) (Scotland) Order 1997 the use of all of the Class 3 (Food and Drink) Units constructed within the area of the site outlined in green on the approved plans, shall include use for the sale of Hot Food for consumption off the premises. Reason: To define the permission such that a degree of flexibility is provided for within the Class 3 Units.

24. That before any part of the development hereby permitted starts, full details of the location and design of the surface water drainage scheme to be installed within the application site shall be submitted to and approved in writing by the Planning Authority, and for the avoidance of doubt the scheme shall comply with the Scottish Environment Protection Agency‘s principles of Sustainable Urban Drainage Systems.

Reason: To safeguard the amenity of the area and to ensure that the proposed drainage system complies with the latest Scottish Environment Protection Agency guidance.

25. That, notwithstanding the generalities of Condition 2, the proposed landscaping scheme for the site shall include specific provision for the improvement and diversification of the range and type of natural habitats within the site.

Reason: To encourage and support a range of wildlife and fauna, in the interest of the amenity of the site and the general area.

26. That, notwithstanding the generalities of Condition 2, and except as may otherwise be agreed in writing by the Planning Authority, the mature trees on the eastern boundary of the site shall be retained.

Reason: In the interest of the amenity of the site and the general area and to provide a buffer between the proposed Retail Park and adjoining industrial uses.

27. That, notwithstanding that this permission is in outline only, existing trees within the site shall not be lopped, topped felled or removed without the prior written consent of the Planning Authority, unless in accordance with the approved landscaping plan. No development in or adjacent to an area containing trees to be retained shall commence until those trees have been protected by suitable fencing in accordance with BS 5837 “Trees in relation to construction.”

Reason: To secure the preservation of trees in accordance with Section 159(a) of the Town and Country Planning (Scotland) Act 1997.

Note to Committee:

If granted, this application will have to be notified to the Scottish Ministers in accordance with the Town and Country Planning (Notification of Applications) (Scotland) Direction 1997 because the proposed development constitutes a significant departure from the Glasgow & the Clyde Valley Joint Structure Plan 2000.

Background Papers:

Application form and plans received 30th April 2004 Supporting Planning Statement received 30th April 2004

20 Retail Assessment received 30th A ril 2004 Transport Assessment received 30R April 2004 OK1 Building Draft Travel Plan received 30thApril 2004 OK1 Retail Park Travel Plan Considerations received 30thApril 2004 Letters from Keppie planning received gthJune & 25thJune 2004

Copy Letters from Keppie Planning received 27'h June 2003, 17th July 2003, August 2003, 7'h August 2003 & 8'h August 2003. Copy Letters from OK1 received 27'h February 2003 & 2"d July 2003

Memo from NLC Community Services received 20th May 2004 Memo from NLC Planning and Environment Head Of Protective Services received 20th May 2004 Memo from NLC Planning and Environment Roads Service Manager received 20th May 2004 Letter from Scottish Natural Heritage received 14th May 2004 Letter from Amey Highways Ltd on behalf of Scottish Executive Roads received 14th May 2004 Letter from West Of Scotland Archaeology Service received 17th May 2004 Letter from Falkirk Council received 17th May 2004 Letter from East Dunbartonshire Council received 19th May 2004 Letter from S.E.P.A.(East) received 24th May 2004 Letters from Glasgow City Council received 25th May & 23rdJune 2004 Letter from Scottish Water received 23rdJune 2004

Copy Letters from Scottish Water received 17th February 2003 & 20th March 2003 Copy Letter from The Coal Authority received 11th February 2003 Copy Letters from East Dunbartonshire Council received 14'h February 2003, 23rd June 2003 & 3rdJuly 2003 Copy Letters from Falkirk Council received 24'h February 2003, 11th June 2003 Copy Letter from Glasgow City Council received 18'h February 2003 Copy Letter from Glasgow and the Clyde Valley Structure Plan Joint Committee received gth May 2003

Any person wishing to inspect these documents should contact Mary Stewart at 01236 616473.

21 APPLICATION NO. N/04/00680/0UT

REPORT

DescriDtion of Site

The site comprises the existing OK1 production building and the surrounding land and car parking etc. which is 17.2 hectares in area, together with an adjoining vacant site of 8.5 hectares to the west. This gives a combined site area of 25.7hectares. The site is bounded by Castlecary Road to the south, Napier Road to the west and other industrial properties within the Wardpark North Industrial estate to the north and east.

The existing building was initially constructed for Burroughs, who were one of the first manufacturing companies to locate in Cumbernauld New Town. The site was originally accessed directly from Castlecary Road. The building became vacant when the company withdrew from the town and was then adapted for use by the Japanese based OK1 company in 1987. A new access to the site from Napier Road was also created. The company still operate from the building, which no longer meets their operational and efficiency requirements.

The adjoining vacant site is also in the ownership of OKI. This site rises to the north-west and the boundary along Napier Road is screened by dense woodland planting.

DescriDtion of Proposal

The applicants propose to erect a new two storey production building on 5.9 hectares of the vacant industrial site. The building would provide OK1 with 1,393 square metres of offices, 9,290 square metres for production and 7,897 square metres of warehousing. The proposals include the provision of 400 car parking spaces and the formation of a new access from Napier Road to serve the facility. This access would also serve the remaining 2.6 hectare site, which would be reserved for either the future expansion of OK1 or for another industrial I business user.

OK1 have indicated a strong desire to retain their existing highly trained workforce in Cumbernauld. Whilst the new facility would result in a substantial reduction in their operating floorspace (from 25,987 square metres in the existing building to 18,580) the existing 250 employees would all be transferred to the new plant. The change would provide increased efficiency through modernisation and the reduction of obsolete plant and over the next 2-3 years would allow the introduction of new product ranges. This would result in an increase in the number of employees to 400, which is the level at which the existing plant operated approximately 5 years ago before a number of the product lines were relocated outwith the UK when the production plant became obsolete.

Keihen who occupied 2,100 square metres of floorspace within the existing building have now re-located to a modern facility within Lanarkshire.

The applicants also propose, that following the demolition of the existing OK1 building, a new retail warehouse park be created on the 17.2 hectare site, with access from Napier Road. The outline proposal shows a DIY unit of 9,290 square metres with garden centre and builders yard, a unit of 8360 square metres and a building of 13,000 square metres to be subdivided into 5 further units. This gives a total gross retail floorspace of 30,650 square metres. The proposals also include three food units (with a total gross floorspace of 1,200 square metres), 1,550 parking spaces, landscaping and provision for rear servicing via a new separate service access from Castlecary Road. It is estimated that an additional 350 jobs would be created within the retail warehouse park.

22 2.5 The applicants state that the retail park will provide for retailing of only bulky goods. Bulky goods are defined as goods being of such a size that they would normally be taken away by car or which require large areas to display them, or which as part of a collective purchase would be bulky. The range of goods which are normally considered to be bulky are therefore carpets, DIY, electrical, furniture and gardening.

2.6 The applicants state that the two elements of the proposal are inextricably linked in that the income stream from the retail development is necessary to allow the company to relocate from their outdated, expensive building to a modern cost effective facility. Without the retail element of the scheme the company would have to re-assess their relocation strategy and it is likely that the investment would be transferred to a new facility outwith the UK, with the allied closure of the Cumbernauld operation.

2.7 OK1 have also intimated that that the timing of the move to a new facility is critical and should this not take place, customer deliveries would be seriously jeopardised which would inevitably lead to a re-examination of their decision to relocate within Cumbernauld.

2.8 The application is a duplicate of Outline Planning Permission N/03/00120/0UT, which was approved in November 2003. The only difference between the submissions is that OK1 are now the applicant as opposed to Ashleigh Property Development Limited, who submitted the earlier application. Ashleigh are no longer involved in the scheme, although they have submitted an appeal to the Scottish Ministers in relation to a number of the conditions imposed on the earlier Outline Planning Permission.

2.9 A Reserved Matters application in relation to the new OK1 production facility was submitted by OK1 in March and was approved, on the lothMay 2004. A further reserved matters application would be required in relation to the retail park, with construction of the retail park only able to commence once OK1 have vacated the existing building.

3. National Policv Guidance and the Development Plan

3.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that decisions on planning applications are made in accordance with the development plan unless material considerations indicate otherwise. In relation to this application, the development plan comprises The Glasgow and the Clyde Valley Joint Structure Plan 2000 (Approved 2002) and The Cumbernauld Local Plan (1993).

3.2 SPPI The Planning System also emphasises the primacy of the development plan.

3.3 NPPG 8 Town Centres and Retailing reaffirms the commitment to maintaining the vitality and viability of existing town centres. Paragraphs 57 - 60 deal specifically with Retail Parks, which are defined as being a single development of at least three retail warehouses with associated parking. Where the development is not provided for in the Development Plan, the criteria against which the proposal must be assessed are outlined in Paragraph 45.

3.4 The proposed development should:

a) satisfy the sequential approach; b) not adversely affect the development strategy in support of the town centre; c) be capable of co-existing with the town centre without undermining its vitality and viability; d) tackle deficiencies which cannot be met in qualitative or quantitative terms in or at the edge of the town centre; e) not run counter to the Government's integrated transport policy; f) be, or be able to be made, accessible by existing regular, frequent and convenient public transport services;

23 g) address at the developers expense the consequences to the trunk and local road networks of the generated and redistributed traffic resulting from the development proposal; h) result in a high standard of design; i) not threaten or conflict with other important policy objectives or where priority is being given to the re-use of vacant or derelict land, the development should provide an appropriate location for the proposed development; j) not affect local amenity; k) not lead to other significant environmental effects.

3.5 NPPG 17 and PAN 57 Transport and Planning both advocate the promotion of sustainable locations for new development which will result in the potential reduction in the number of car journeys generated by the development. New development, particularly those such as shopping, industry and leisure which have high trip generation potential, should therefore be located in places which are easily reached by public transport, such as town centres.

3.6 The Glasgow and the Clyde Valley Joint Structure Plan 2000 is the current approved Structure Plan for the area, having been approved by the Scottish Ministers in 2002. The plan sets out a common strategy for the long term planning and development of Glasgow and the Clyde Valley.

3.7 The site is identified as ‘reserved’ in the Industrial Land Register. Cumbernauld is identified as a strategic business centre and Cumbernauld NW is identified as a strategic industrial and business location.

3.8 The plan identifies industrial development on sites in excess of 5 hectares as being of significance only where the site is not zoned for industry, business or distribution. This does not apply to the production facility element of the proposed development.

3.9 The plan identifies comparison retail development with floorspace in excess of 2,000 square metres as being of significance. This applies to the retail warehouse park element of the proposed development.

3.10 In order to accord with the Structure Plan, significant development proposals must satisfy all of the relevant criteria under Categories A, B and C as set out in Strategic Policy 9.

3.1 1 Under Category A, the case for retail development must be established under the criteria set out in Schedule 6(c)(i):-

Expenditure compared to turnover. Impact on the town centre. Contribution to the improvement of the vitality and viability of the town centre. The need to restrict the type of goods which can be sold at out of centre locations. The restriction of floorspace for bulky goods in new retail parks which adjoin town centres. The requirement to locate new developments in locations which are accessible by different transport modes. Encouragement of development proposals in identified locations. The contribution the development would make to remedying qualitative deficiencies in existing retail provision. Any supplementary guidance on retail development issued by the Joint Committee.

3.12 Under Category B, the location of retail development must be assessed in terms of the need to:-

i. Safeguard and avoid the diversion or displacement of investment from development locations identified in Strategic Policies 1 (Cumbernauld Town Centre), 5, 6 and 8.

24 ii. Promote urban regeneration by giving preference to the use of brownfield urban land rather than greenfield land or open space. iii. Safeguard and promote the vitality and viability of Town Centres by taking a sequential approach to proposals for retail development iv. Safeguard environmental resources listed in Schedule7 v. Avoid isolated and sporadic development in the Green Belt and the wider countryside vi. Promote sustainable transport vii. Implement the waste management hierarchy as defined in the National Waste Strategy viii. Avoid the risk of flooding ix. Avoid negative impact upon Health and Safety

3.13 Under Category C the development must be such that appropriate provision has been made by the developer for:-

i. The infrastructure or facilities required to make the development acceptable ii. The implementation of appropriate transport measures for the minimisation and management of the future levels of traffic generated, including Green Transport Plans iii. Remedial environmental action iv. The provision of sustainable urban drainage systems v. Arrangements for the maintenance of sustainable urban drainage systems vi. The excavation and recording of archaeological sites where preservation cannot be achieved.

3.14 Development which fails to meet these criteria are regarded as a departure from the Structure Plan and requires to be assessed against the criteria in Strategic Policy 10.

3.1 5 Under Category A, the need for the development in terms of:-

ii. Clear evidence of a shortfall in the existing and planned supply within the appropriate Shopping Catchment Area iv. The contribution the development would make to any qualitative deficiencies in existing retail provision v. Specific locational need

3.16 Under Category B, the appropriateness of the development can be assessed against :-

i. b. The protection of existing jobs or the creation of a significant number of net additional permanent jobs to the Structure Plan area.

3.17 The Cumbernauld Local Plan is the current approved Local Plan for the area having been adopted by Cumbernauld & District Council in 1993. The part of the site which is currently used by OK1 is covered by Policy IBI, whilst the vacant area of the site is covered by Policy IB7. In relation to the proposed retail use, other relevant policies are SHI and SH7.

3.18 Policy IB1 states that within the defined Industrial Areas, there will be a presumption in favour of industrial and business Class 4 development. Proposals for development incompatible with their primarily industrial and business use will not be allowed, in particular there will be a presumption against retail developments where they are considered to have an adverse effect on the existing shopping hierarchy.

3.19 The background to the policy is outlined in Para. 4.12 of the Plan, which states, “In light of endeavours to maximise employment it is essential that the potential of the industrial and business areas is fully exploited. Non-industrial / business uses, therefore, will be resisted in these areas. In particular, proposals for significant retailing from premises in the industrial areas will be resisted where they are considered to have an adverse effect on the existing shopping

25 hierarchy.”

3.20 Policy IB7 identifies specific sites which either have planning permission for new industriaVbusiness development or are designated as reserved / marketable industrial land.

3.21 Policy SHI states that the Council will seek to maintain and enhance the role of the Cumbernauld Central Area, defined on the Proposals Map, as the main shopping centre in the District.

3.22 Policy SH7 states that there will be a presumption against retail developments where they are considered to have an adverse effect on the existing Central Area, District Centres and Local Centres.

4. Consultation ResDonses

4.1 All consultees were advised that this application was a duplicate of the earlier outline application (N/03/00120/0UT) and that there was no need to submit comments if these were the same as for the earlier application.

4.2 Scottish Natural Heritage had no objections to the proposed development, although they did suggest that a number of conditions be imposed on any planning permission.

4.3 My Protective Services Section had no objections to the proposed development although they did suggest the imposition of a planning condition in relation to a contamination survey and any necessary treatment of the site.

4.4 North Lanarkshire Council’s Community Services Department commented on the need to retain the existing boundary screen planting and to reinforce this where possible with further planting of native species. They would prefer to see all of the area of plantation woodland retained. They consider the site appropriate for inclusion in the Business and Biodiversity Campaign organised by Scottish Natural Heritage and suggest that this could be achieved through the inclusion of native panting and a wetland area.

4.5 The Coal Authority commented that the site is within the likely zone of influence from 2 seams of coal at shallow depth with the last date of working being 1883 and identified the position of 2 mine entries within the site.

4.6 Scottish Water objected to the proposal on the grounds that the cost of providing additional infrastructure to serve the development is beyond the ‘reasonable cost’ obligations in terms of the Sewerage (Scotland) Act. However they also indicated that provided the applicant bears the cost of the increase in capacity of the sewerage infrastructure to accommodate the development and promotes a scheme which doesn’t compromise the quantity and quality of discharge from the existing sewerage system Scottish Water would remove its objection. The applicants have confirmed by letter that they will meet these requirements.

4.7 The Scottish Environment Protection Agency (SEPA) commented that it would be unacceptable to discharge surface water drainage from the new roads and parking areas to the existing system which discharges to the Red Burn. They therefore consider the use of a Sustainable Urban Drainage based system for treatment of surface water arising from the development essential, and recommend that a detailed drainage strategy is submitted with the reserved matters planning application.

4.8 Both The Scottish Executive Development Department and my Transportation Section commented on the need for a Travel Plan to be approved prior top the occupation of any part of

26 the development.

4.9 West of Scotland Archaeological Service commented on the proximity of the site to known locations of a number of Roman remains, which taken together would imply a possibility of other remains being within the application area of the site. They therefore consider that the applicant should demonstrate that the development will not affect surviving archaeological remains by carrying out an initial assessment of the site, followed by an archaeological field evaluation to determine the character and extent of any remains and to quantify the costs of any necessary mitigation measures.

4.10 East Dunbartonshire Council objected to the retail element of the proposed development in terms of NPPG8 in that the site is some distance away from the town centre and that it would not support the retail function of the town centre.

4.1 1 They also objected on the grounds that, in terms of the Glasgow and Clyde Valley Structure Plan, the site is not in or adjoining the town centre and that it is not accessible by all means of transport, particularly public transport. They state that the Plan identifies no strategic requirement for this type of comparison floorspace within the Cumbernauld area. They consider the brief reference to the sequential approach within the supporting statement inadequate in terms of being a serious assessment of alternative sites in and around the town centre. They consider that the closure of retail warehouse units adjoining the town centre, envisaged within both the supporting statement the retail assessment, will withdraw trade from the centre, reduce the opportunity for linked trips and reduce accessibility to these facilities. They consider that most trade will be car borne and that there will be little opportunity for walk in trade. They conclude that the retail park would conflict with the Joint Structure Plan and would serve to undermine its effectiveness which is of concern to Dunbartonshire Council as a member of the Joint Committee.

4.12 In terms of the specific impact of the proposal on East Dunbartonshire, they comment that the retail assessment fails to consider the impact of the development on existing comparison retail provision in Kirkintilloch town centre. They also express concern that the predicted 18% impact on the Strathkelvin Retail Park may undermine the additional 100,000 square feet of additional comparison retail floorspace recently granted permission at this location.

4.13 In terms of the Transportation Assessment, they were satisfied that the development would create no material effects on the transport network of East Dunbartonshire.

4.14 Falkirk Council objected to the retail element of the development as being contrary to the Glasgow and the Clyde Valley Structure Plan, Cumbernauld Local Plan and Government guidance set out in NPPG8.

4.15 In response to the retail assessment, they commented that it failed to demonstrate how the proposal satisfies the sequential approach and that the valid planning permission at Broadwood should not be discounted. They pointed out that the estimated turnover of the development (f47.57m.) represents almost one third of the total comparison expenditure of the primary catchment area (f147.6m.) and conclude this would have a significant impact on the immediate and adjacent retail systems. They therefore consider the trade diversion and retail impact figures provided in the assessment to be understated.

4.16 Further to this they point out that the combined comparison turnover of the proposal (f47.57m.), Broadwood (f15m.) and existing and proposed floorspace within the primary catchment (f99.25m.) equates to f 161.87m., some f14.27m. more than the total comparison expenditure within the primary catchment area. This reinforces their concerns in relation to the impact of the proposal on adjacent retail systems.

27 4.17 They consider that the projected 13% impact on the Central Retail Park, Falkirk, which is part of the defined town centre, is unacceptably high. They also consider that the proposal would unacceptably impact on other retail proposals in the Falkirk Council area which are being pursued through the Development Plan.

4.18 They also consider that it is unlikely the primary catchment would respect the administrative boundaries between North Lanarkshire and Falkirk and that consequently the impact on shopping behaviour in the Falkirk Council area would be much greater than suggested in the assessment. They also point out that the average turnovers are based on assumptions concerning the likely retail use and could therefore be significantly higher than set out in the assessment. They state that the actual gross floorspace of central Retail Park is 24,000 square metres, there being no reason to exclude Halfords from the floorspace given in the retail assessment.

4.19 Glasgow City Council had no objections to the proposal, subject to the imposition of planning conditions to restrict the type of goods for sale to comparison bulky goods.

5. Representations

5.1 The planning application was subject to normal neighbour notification procedures and was also advertised as being potentially Contrary to the Development Plan. No objections were received as a result of either of these procedures.

6. Planning Assessment - DeveloDment Plan

6.1 The new production facility element of this proposal complies with both parts of the development plan for the area. All of the issues raised by consultees in relation to this aspect of the development can be adequately and appropriately addressed through the imposition of planning conditions.

6.2 The facility enables the relocation of OKI, a major employer within Cumbernauld, to a new modern facility within which their production process can be streamlined, obsolete plant can be replaced and efficiency can be improved. Thus, the 250 existing jobs, which would otherwise be lost to the UK, are protected, whilst the potential for expansion of product ranges and the creation of a further 150 jobs is created. This aspect of the proposal will therefore bring significant economic benefit to Cumbernauld and must be welcomed.

6.3 The retail element of the proposal must be rigorously assessed against the Development Plan and all other relevant material considerations, including the combined effects of the industrial and retail development proposed in the application.

6.4 The Glasgow and the Clyde Valley Structure Plan requires that the retail proposal be assessed against the criteria set out in Strategic Policy 9 (as described in Paras. 3.10 - 3.13). The development proposal does not satisfy these criteria in that the proposed location is not identified for additional retail development within the plan, and the proposal does not avoid the diversion or displacement of investment from the development locations identified in Strategic Policies 1, 5, 6 and 8. The proposal is therefore assessed against the criteria in Strategic Policy 10 (as described in Paras. 3.14 - 3.16).

Clear Evidence Of A Shortfall In The Existina And Planned SUDD~YWithin The Amrotxiate Shomina Catchment Area

28 6.5 Cumbernauld Town Centre, as existing has a variety of sizes of units, mostly between 100 and 400 square metres. The largest unit, of approximately 4,200 square metres was formerly occupied by Tesco. It is currently being subdivided by the owners into six smaller units.

6.6 St. Mungo’s Road, within the town centre, provides the only existing retail warehouse units in the Cumbernauld catchment area. The largest of the three existing units is approximately 3,100 square metres and is occupied by B & Q. The two remaining units are each approximately 700 square metres Planning permission was recently granted in respect of the subdivision and change of use of the leisure unit which formed part of the St. Mungo’s Road development to four mainstream Class 1 (Retail) units. The scheme also included provision for the formation of a new feature gateway entrance to enhance the links between the development and the remainder of the town centre and refurbishment of the existing units. The owners of the property indicated a desire to bring the units into mainstream comparison use (shoes, clothing, etc.) and indicated that the future subdivision of the B & Q unit to provide a number of smaller retail units was being actively considered.

6.7 Consent was granted in 1995 for a retail development at Broadwood (8,800 square metres). Whilst the implementation of this development did commence in 2001, there has been little or no progress made in terms of construction works since that time.

6.8 The existing Cumbernauld Town Centre was recently extended by the addition of a single large Tesco foodstore of 8,080 square metres and two further extensions of 22,500 square metres and 4,425 square metres were granted planning permission in Mat 2003. No provision has been made for retail warehousing in either of these development proposals.

6.9 The Structure Plan does not identify a requirement for additional floorspace within the catchment and this was based on the assumption that the consent at Broadwood would be implemented. The current proposal, however, is significantly larger than is necessary to meet that s hortfal I.

6.10 The Retail Assessment submitted in relation to the current proposal identifies that additional comparison retail capacity will remain on completion of the approved Cumbernauld Town Centre extensions. Their calculated outflows are significantly higher than those observed in the 1998 survey carried out for the Structure Plan and it is likely that outflows will have increased given the retail warehouse developments implemented in surrounding settlements since 1998.

6.1 1 The Assessment makes the case that provision for bulky goods shopping in Cumbernauld is inadequate and that the proposal will redress the current shortcomings. The Assessment estimates that the vast majority of bulky goods expenditure is exported from the primary catchment and that the proposed development will claw back most of the expenditure currently lost.

The Contribution The DeveloDment Would Make To Remedvina Qualitative Deficiencies In Existina Retail Provision.

6.12 St Mungo’s Road, which is within the town centre, provides the only retail warehouse shopping within the Cumbernauld catchment area. There are only three units in operation and surrounding land uses preclude expansion of the facilities offered at this location. In terms of current standards of demand from the major bulky goods retailers all of the units are fairly small.

6.13 Whilst consent has existed for the provision of a retail park at Broadwood since 1995, and the implementation of the development did commence in 2001, there has been little or no progress made in terms of construction works and little evidence of retailer interest.

29 6.14 If developed Broadwood would provide 8,800 square metres of comparison floorspace. In terms of current retail trends, this is smaller than many single units. In addition, this consent is not restricted to bulky goods and the retail park could thus offer direct competition to the town centre by attracting mainstream comparison retailers in clothing, footwear etc. This would be unlikely to assist the catchment either in terms of improving qualitative deficiencies or in terms of supporting the town centre.

6.15 Cumbernauld is therefore in an almost unique position within the Plan area, having no significant provision for retail warehouse shopping, thus curtailing the choice and quality of provision for this type of good for residents of the area. The proposal at OK1 would therefore address this deficiency.

Specific Locational Need

6.16 There is no specific locational need for the retail element of the proposal, except that it relates to the provision of a new production facility for OK1 on a vacant site adjacent to their existing factory unit and the construction of a retail park on the site of the demolished factory. This avoids displacement of the company’s existing workforce and achieves the re-use of what would otherwise become a vacant derelict site. It also provides an efficient and economic means for the company to replace outdated and inefficient plant whilst creating the opportunity to modernise and expand their operation.

6.17 The development can, therefore, be seen to be worthy of support in terms of the assessment against the relevant criteria under Category A of Strategic Policy 10.

The Protection Of Existina Jobs Or The Creation Of A Sianificant Number Of Net Additional Permanent Jobs To The Structure Plan Area.

6.18 The applicant proposes to provide a new production facility for OKI. The company have stated that without investing in this change to remove obsolete plant, improve efficiency and streamline their Cumbernauld operation, the existing 250 jobs will be lost as production will be re-located, probably outwith the UK. In addition the move brings the opportunity to introduce new product ranges with a consequent increase in the workforce to 400. This would bring the employment level back to that which existed before several production lines were relocated three years ago as a result of plant becoming obsolete.

6.19 In addition to securing these existing jobs and the provision of an additional 150 manufacturing jobs, the development would bring an estimated 350 jobs in the retail sector. It should be noted, however, that such jobs are considered transitional, and should not be counted as ‘;new jobs’. Notwithstanding this, the development would result in significant benefit to the local economy, whilst also retaining a major international manufacturing company within Cumbernauld. As indicated in Para 2.6, the applicant has stated that the retail proposal is inextricably linked to the new production facility and that the scale of the retail park proposed is essential to enable this to proceed.

6.20 The development can, therefore, be seen to worthy of support in terms of the assessment against the relevant criteria under Category B of Strategic Policy 10.

6.21 The Structure Plan also requires that any departure shall also require to satisfy the terms of the criteria in Strategic Policy 9C, as follows:

30 The Infrastructure Or Facilities Rewired To Make The Development Acceptable

6.22 The submitted Transportation Assessment has been agreed with both the Scottish Executive, and the Council as Roads Authority The Assessment gives comfort that the development can be accommodated within the local and trunk roads network with only minor adjustments to that network, which would be funded by the developer.

The Implementation Of Appropriate Transport Measures For The Minimisation And Manaaement Of The Future Levels Of Traffic Generated, lncludina Green Transport Plans

6.23 A draft Travel Plan has been submitted in relation to the OK1 production facility, which includes proposals for its implementation. In relation to the Retail Park it is more difficult to envisage how such a Plan may be implemented given there may be a number of different employers, operating within the park and the need to survey travel characteristics of future employees as a basis for preparing the Travel Plan. The submitted draft Travel Plan Considerations document does provide a useful basis for establishing a Travel Plan in the future.

The Provision Of Sustainable Urban Drainaae Svstems Arranaements For The Maintenance Of Sustainable Urban Drainaae Svstems

6.24 The current development proposal is in outline. Conditions attached to any permission would require the submission of details of the provision of Sustainable Urban Drainage Systems for treatment of surface water and arrangements for their future maintenance as part of the Reserved Matters planning applications.

The Excavation And Recordina Of Archaeoloqical Sites Where Preservation Cannot Be Achieved.

6.25 Part of the site is within the Antonine Wall Amenity Zone, and it is possible that archaeological remains will be affected by the proposed development. However, the applicant already has the benefit of detailed planning permission for the construction of a production facility on the part of the site which is most likely to be of archaeological interest and construction work on this development could commence at any time. However, as a result of the concerns expressed in relation to this application, the developer has now agreed to arrange for an archaeologist to be present on the site during soil stripping operations on the production facility site to observe operations and record any significant features.

6.26 It is considered, therefore, that in terms of Strategic Policy 9C, the proposal is satisfactory.

The Cumbernauld Local Plan

6.27 The proposed development must also be assessed against the relevant policies within the Cumbernauld Local Plan. As outlined in Paras. 3.17 - 3.22, the relevant policies are IBI, lB7, SHI and SH7

6.28 Policy IBI, which applies to the area of the site currently occupied by OKI, seeks to prevent uses within industrial and business areas which would be incompatible with those uses. The retail park would have direct access from a main distributor road which also forms the boundary between Wardpark North and Wardpark South industrial areas. The presence of the retail park on the edge of Wardpark North is therefore unlikely to bring significant numbers of customers

31 into the heart of the main industrial areas.

6.29 Many of the surrounding uses will already generate significant numbers of HGV movements and employee traffic and some will operate on a 24 hour 7 days per week basis. Given that background, the proposed use of this area as a retail park is unlikely to conflict with surrounding business and industrial uses. The retail park is likely to have shorter operational hours and the peak times of operation would be at weekends and in the evenings, when the levels of industrial and business activity tend to be lower.

6.30 The Policy aims to maximise employment by exploiting the full potential of industrial and business sites. The development proposal aims to secure 250 existing jobs whilst creating a further 500 jobs in the manufacturing and retail sectors, without damaging the integrity of the industrial / business area.

6.31 In addition, the Policy presumes against retail uses which would adversely affect the shopping hierarchy. As already described in Paras. 6.5 - 6.16, the retail facilities proposed would be complementary to, rather than in competition with, the existing provision within the Town Centre.

6.32 Policy IB7, which applies to the vacant area of the site, seeks to reserve a 10 year supply of land for industrial and business use. As it is proposed that this area of the site is utilised for this type of use, the proposal complies with Policy IB7.

6.33 Policy SHI seeks to protect Cumbernauld Town Centre as the main shopping centre in the area. As already described in Paras. 6.5 - 6.16, the retail facilities proposed would be complementary to, rather than in competition with, the existing provision within the Town Centre.

6.34 In addition, Para. 5.1 5 of the Local Plan acknowledges that specialised shopping can be located outwith defined centres where this is without detriment to the shopping hierarchy and with restrictions on the types of goods for sale. The proposed retail development would complement and add to the existing hierarchy by offering opportunities for a type of retailing not currently available within the catchment. A restriction on the type of goods for sale forms part of the proposal.

6.35 Policy SH7 also presumes against development which would adversely effect the existing shopping hierarchy. As already described in Paras. 6.5 - 6.16, the retail facilities proposed would be complementary to, rather than in competition with, the existing provision within the Town Centre. The Retail Park would provide substantially different facilities from those on offer in either District or Local Centres and as such would increase the range of retail offer without providing direct competition.

6.36 In summary, the proposed development fails to satisfy all of the relevant criteria under Strategic Policy 9. In particular the location is not specifically identified for additional retail development. The development is therefore classed a departure from the Development Plan. When assessed against the criteria established under Strategic Policy 10, the development is, nonetheless, considered appropriate. The development accords with the relevant Policies in the Cumbernauld Local Plan.

7. Plannina Assessment - National Policy and Guidance

7.1 As already described in Para. 3.2, SPPI emphasises the primacy of the Development Plan in the determination of applications for planning permission. The assessment of the proposal in relation to the Development Plan is dealt with in Section 6 and summarised in Para. 6.36.

32 7.2 NPPG 8 provides National Planning Policy and Guidance in relation to town centres and retailing (as described in Paras. 3.3 and 3.4). The guidance supports commitment to maintaining the vitality and viability of existing town centres. The retail element of the proposed development falls within the definition of a Retail Park for which there is no specific provision within the Development Plan and as such must be assessed against the criteria described in Para 3.4.

Satisfv The Seauential Amroach

7.3 In terms of the sequential approach to site selection, all available sites within the town centre are either occupied by, or have valid planning permissions for retail and other town centre uses. One small site, behind the existing Kwik Fit at St. Mungo’s Road, has consent for residential development. The site is too small to accommodate a retail warehouse development of more than a single small unit, is on a considerable slope, and would be difficult to access satisfactorily from St. Mungo’s Road for the volume of traffic envisaged in such a development.

7.4 There are no edge of centre sites available. In terms of out of centre locations, the site with retail consent at Broadwood provides the only other site which could be considered suitable for retail use. Whilst the existing consent is for a much smaller development (8,800 square metres) on a much smaller site, there is potential to increase the size of the site through the addition of an area of vacant land currently allocated for Industrial I Business use. The development site was therefore assessed against the Broadwood site in sequential terms.

7.5 The two sites are equidistant from Cumbernauld Town Centre. The Broadwood site is in part covered by Policies promoting the provision of new open space and leisure use and in part covered by Policies promoting the provision of new industrial I business uses within the adopted Local Plan. This compares with the OK1 retail site, which is covered by Policies protecting existing industrial I business areas. Whilst the Broadwood site has not previously been developed, the OK1 site is brownfield.

7.6 In terms of accessibility, both sites are adequately served by existing public bus services and opportunities can be created for service improvements should additional demand become apparent. Both sites are remote from rail facilities, although minor changes could be made to existing bus services to provide station links in both cases. In terms of accessibility for pedestrians, the Broadwood site has better, more direct existing network links and has a greater population within the 20-30 minute walk time.

7.7 It must be recognised, however, that the main justification for the location of bulky goods retailing in out of centre locations is the fact that the nature of the goods being purchased is such that the purchaser will normally use a car to transport their goods home. In terms of accessibility by car, each site can be adequately accessed and can provide adequate parking facilities. However, in terms of both servicing and access by car the OK1 site provides much better linkages to the trunk road network and therefore to the wider catchment area, outwith Cumbernauld itself.

Not Adverselv Affect The DeveloDment Strateav In Suwort Of The Town Centre;

7.8 The objectives of the Local Plan are to secure a vast improvement in the range and choice of shopping facilities in centres which are convenient for all shoppers, especially those relying on public transport, taking account of shopping needs and the likely impact of proposals on town centres. The Structure Plan recognises the need to give priority to the renewal of town centres.

7.9 The application seeks consent for a retail warehouse park restricted to the sale of bulky goods. Whilst some bulky goods provision exists within the Cumbernauld town centre, this amounts to

33 only 6%, including the retail warehousing on St. Mungo's Road. Given the planned improvements to the town centre, and the projected improvement in its quality, viability and vitality arising from the approved extensions, the level of impact predicted could not be considered significant.

7.10 The projected impacts in relation to Kilsyth town centre are at a similar level, 0.7% in relation to comparison goods and 12% in relation to bulky goods. The overall impact is not therefore regarded as being significant.

7.1 1 The proposal will take some trade from Cumbernauld Town Centre, but will not have significant impacts. By offering increased opportunities for bulky goods retailing within the town, which will not be provided at the Town Centre, it will improve the range and choice of retailing in accordance with the Local Plan objectives.

Be CaDable Of Co-Existina With The Town Centre Without Undermininu Its Vitalitv And Viability

7.12 The comprehensive scheme for the improvement and extension of the existing Cumbernauld Town Centre, which was granted planning permission in 1998, included provision for a number of retail warehouse units at the western end of the town centre site. This scheme was subsequently abandoned in favour of the use of that area of the site for a large food store (Tesco), which opened recently. The subsequently approved extensions to the town centre make no provision for retail warehouse units. The three largest units being provided within the scheme range from 1,540 square metres to 3,901 square metres, all of them providing floorspace on two levels. Two of these units have been assigned to non bulky goods comparison retailers (clothing and a department store). The remaining units vary in size from 70 square metres to 640 square metres, with the majority providing around 200 square metres of floorspace on a single level.

7.13 The largest unit within Phases 1&2 and Phase 4 of the existing town centre is approximately 4,200 square metres in size and became vacant when the new Tesco store was completed in February 2004. This unit is currently being subdivided to provide six smaller units. The majority of the other units within the existing town centre buildings are between 100 and 400 square metres in size.

7.14 St Mungo's Road, within the town centre, provides the only existing retail warehouse units in the Cumbernauld catchment area. The largest of the three existing units is approximately 3,100 square metres and is occupied by B & Q. The two remaining units are each approximately 700 square metres. Planning permission was recently granted in respect of the subdivision and change of use of the leisure unit which formed part of the St. Mungo's Road development to four mainstream Class 1 (Retail) units. The scheme also included provision for the formation of ~~~ ~ ~______~-~- a new feature gateway edrKeTenhaW the links betweene-developmtTd7he remainder of the town centre and refurbishment of the existing units. The owners of the property indicated a desire to bring the units into mainstream comparison use (shoes, clothing, etc.) and that the future subdivision of the largest unit to provide a number of smaller retail units was being actively considered.

7.15 Hence, the proposed development, with suitable restrictions on the size of units to be created and the type of goods to be sold (through the imposition of planning conditions) would provide facilities complementary to those on offer in the town centre. Further to this, allied with the approved refurbishment works, the potential removal of bulky goods retailing from the existing St. Mungo's Road retail warehouse units would create the opportunity for further expansion and diversification of the comparison retail offer within the town centre. Whilst the proposal would take some trade from the town centre in the bulky goods sector, overall it could have a positive effect on both the vitality and viability of the town centre.

34 Tackle Deficiencies Which Cannot Be Met In Qualitative Or Quantitative Terms In Or At The Edae Of The Town Centre;

7.16 As intimated in Para. 6.6, St Mungo's Road, which is within the town centre, provides the only retail warehouse shopping within the Cumbernauld catchment area. There are only three units in operation and surrounding land uses preclude expansion of the facilities offered at this location. In terms of current standards of demand from retailers all of the units are fairly small.

7.17 Whilst consent has existed for the provision of a retail park at Broadwood since 1995, and the implementation of the development did commence in 2001, there has been little or no progress made in terms of construction works and little evidence of retailer interest.

7.18 Cumbernauld is therefore in an almost unique position within the Plan area, having no significant provision for retail warehouse shopping. The proposal at OK1 will therefore address this deficiency.

Not Run Counter To The Government's lntearated TransDort Policv;

7.19 The applicant has demonstrated that the site is accessible by means of public transport and proposes the development of bus facilities within the site, thus allowing the further improvement of services as demand is created by the development. The applicant has also highlighted the need for further improvements to the local pedestrian and cycle access networks and has indicated that such improvements would form part of the proposals. Planning Conditions can also be imposed to secure further improvements in relation to the provision of facilities for taxis and cycles within the site.

7.20 Whilst the site lies outwith an acceptable walking time zone of any rail facility, the potential for the adaptation of a number of the local bus routes to connect the site to the Cumbernauld or Croy railway station does exist, should levels of demand increase sufficiently.

7.21 The submitted Draft Travel Plan for the OK1 facility indicates the provision of further means of encouraging greater use of the available alternatives to car use, as does the Travel Plan Considerations submitted in relation to the Retail Park. Planning Conditions can be imposed to secure the implementation of these initiatives.

Be, Or Be Able To Be Made, Accessible Bv Existina Recrular, Freauent And Convenient Public TransDort Services;

7.22 Theappkanthasdemonstrated thathe site isaccessibleby-publictransport, in asfar as it is currently served by a number of different bus routes with services operated by a various companies. Further to this, the proposed development includes provision for bus facilities within the site, which may encourage the provision of additional services should sufficient demand be created by the implementation of the development. Conditions can also be attached to the permission to secure the provision of taxi facilities within the site.

7.23 The site is remote from local rail facilities. In terms of the submitted Transportation Assessment and Travel Plan information, the applicant has identified the need to survey and seek improvements to the surrounding pedestrian and cycle networks. Both the execution of a survey and the implementation of necessary improvements identified can be secured through the imposition of conditions on any permission.

35 Address At The Developers ExDense The Conseauences To The Trunk And Local Road Networks Of The Generated And Redistributed Traffic Resultina From The DeveloDment Proposal;

7.24 The submitted Transportation Assessment indicates that the local and trunk road networks can accommodate the increase in traffic arising from the development with only minor adjustment. The applicant has indicated his intention to make the required adjustments at his expense.

Result In A Hiah Standard Of Desian;

7.25 The application seeks Outline Planning Permission, whilst design of individual buildings and landscaping etc. is more appropriately considered as part of the subsequent reserved matters or detailed application stage. However the indicative site layout would suggest that the overall concept and layout of the development proposed would give rise to a high standard of design.

Not Threaten Or Conflict With Other ImDortant Policv Obiectives Or Where Prioritv Is Beinq Given To The Re-Use Of Vacant Or Derelict Land, The Development Should Provide An Appropriate Location For The ProDosed Development;

7.26 The proposed development would not conflict with other important policy objectives and the Retail Park element provides for the re-use of otherwise vacant, derelict industrial land.

Not Affect Local Amenitv;

7.27 The development would not affect local amenity. The proposed measures to be employed to prevent service vehicles from the development accessing the trunk road through the residential area of Castlecary are exemplary in achieving this.

Not Lead To Other Sianificant Environmental Effects.

7.28 The environmental effects of the development would be mainly positive in that much of the existing landscaping around the site can be retained and enhanced, the use of SUDS measures for treatment of surface water drainage could improve the existing pollution levels in the Red Burn and reduce the risk of flooding and the opportunity exists to diversify the natural habitats available to wildlife within the locale.

7.29 NPPG 17 and PAN 57 advocate the promotion of sustainable locations for new development which will result in the potential reduction in the number of car journeys generated by the development (as described in Para. 3.5). It is acknowledged that these policies aim to locate retail uses, which have high trip generation levels, in or adjacent to town centres which are highly accessible by public transport. However, it is also recognised that this type of retail use, which is specifically designed to supply bulky goods will be heavily reliant on being accessible be car for the vast majority of shoppers. Where there are no suitable sites in or adjacent to the town centre, an out of centre site can provide an acceptable location, where the site is or can be made accessible by public transport.

7.30 In relation to the proposed development, the applicant has demonstrated that the site is accessible by car and by public transport and has offered opportunities for the level of public transport service to be improved. In addition the submitted Draft Travel Plan aims to reduce the levels of car dependence in relation to the industrial element of the proposal, whilst the basis for a similar Travel Plan in relation to the Retail Park has been outlined. The applicant has also

36 recognised the need for improvements in the local footpath network to encourage increased pedestrian access to the site.

7.31 In summary, the proposed development creates no significant areas of conflict with National Planning Policy and Guidance.

8. Plannina Assessment - Other Material Considerations

8.1 Both SEPA and Scottish Water commented on the need for Sustainable Urban Drainage Systems to be utilised in relation to the treatment of surface water arising from the development. The submission and subsequent implementation of a suitable drainage strategy can adequately and appropriately be required through the imposition of Planning Conditions on any Outline Permission, whilst the implementation of the scheme can be appropriately secured through the imposition of Planning Conditions in relation to subsequent Reserved Matters or detailed Permissions.

8.2 Concerns in relation to the stability of the site arising from the comments made by The Coal Authority in relation to past mine workings and the presence of mine entries within the site, were addressed through the imposition of Planning Conditions on the previous Outline permission and the subsequent submission of a report confirming the mineral stability of the site.

8.3 All of the landscape and Biodiversity issues raised by the North Lanarkshire Council’s Community Services Department can be adequately and appropriately dealt with through the imposition of Planning Conditions.

8.4 Whilst the concerns expressed by the West of Scotland Archaeological Service would normally be addressed through the imposition of Planning Conditions, this would be inappropriate in this case given the recent approval of a detailed planning permission (and the impending implementation thereof) for the part of the site of greatest potential interest. In the circumstance the applicants ‘goodwill’ offer of funding an archaeologists attendance during all soil stripping operations would appear to be a reasonable solution.

8.5 Both the Scottish Executive and my Transportation Section are satisfied that the impact of the additional traffic generated can be accommodated on the surrounding road network, subject to any identified alterations being undertaken. The implementation of any identified alterations to the local road and pedestrian networks can be adequately and appropriately secured through the implementation of Planning Conditions

8.6 The concerns raised by East Dunbartonshire and Falkirk Councils in relation to the consideration of the development in terms of both the Development Plan and National Planning Policy Guidance have already been addressed in Sections 6 and 7 of this report.

8.7 East Dunbartonshire Council expressed concern in relation to the predicted level of impact of the proposal on Strathkelvin Retail Park. Neither the Development Plan nor National Policy Guidance seeks to protect existing retail parks, nor promote the implementation of extensions in their floorspace. Retail impact of less than 20% is normally considered acceptable where the centre which is the subject of the impact is reasonably healthy. The recent approval of additional floorspace would indicate that is likely to be the case in relation to Strathkelvin Retail Park.

37 8.8 They also express concern in relation to the lack of assessment of the level of impact on Kirkintilloch town centre. The Retail Assessment correctly assumes that, because of the nature of the retail offer (bulky goods), the main impacts outwith the primary catchment area will be borne by other retail parks. In relation to Kilsyth town centre it predicts an impact of 0.7% in terms of comparison goods. Whilst Kirkintilloch provides a greater range and quantity of comparison shopping than Kilsyth, it is also further away from the proposed development. It is considered that the level of impact would be at a similar, very low level.

8.9 Falkirk Council expressed concern that the estimated turnover of the development represents one third of the total comparison expenditure of the primary catchment and conclude that this implies the trade diversion and impact is understated and that the development would have a significant impact on adjacent retail systems. Whilst no direct link exists between the proportion of comparison expenditure taken up by the proposed development and the level of trade diversion, it is conceded that the development will impact on adjacent retail systems. These adjacent retail systems have taken advantage of a 73% outflow of comparison expenditure from the primary catchment area and, as already outlined in Paras. 6.5 - 6.12. the development will provide for the recovery of this leakage. It is within the nature of customer preference and choice that trade diversion from the secondary catchment will then occur but this will be balanced by diversion from the primary catchment to the secondary catchment.

8.10 Falkirk Council also express concern that if both the proposed development and the Broadwood consent are implemented, the turnover of comparison floorspace within the primary catchment will exceed the total available comparison expenditure by approximately €1 5 million. Whilst a valid permission can not be discounted, it is unlikely that both developments could be successfully implemented, as illustrated in the revised Retail Assessment. The revised Assessment, in accepting that the Broadwood consent would not be implemented should the OK1 scheme be approved, predicts lower levels of trade diversion and impact on all of the adjacent retail systems.

8.11 Falkirk Council also express concern that the predicted 13% impact on Central Retail Park, Falkirk, which is part of the defined town centre is unacceptably high. The revised Retail Assessment predicts the level of impact at 12%, which, being under 20%, is below the level which could reasonably be expected to be sustained by a healthy centre for retailing. The relevant indicators, including the recent expansion would suggest that both the town centre and the Central Retail Park would be considered to be healthy.

8.12 Further to this, Falkirk Council express concern that the development may prejudice further retail expansion being promoted through the development plan process within the Falkirk area. There is sufficient capacity within the expenditure of the primary catchment to accommodate the estimated turnover of the development. There is therefore no reason to expect that the proposal would impact on proposed provision outwith the primary catchment, other than where that proposed provision relies to some degree on continued leakage from the primary catchment.

8.13 Finally, Falkirk Council express concern that the estimated turnovers are based on assumptions concerning the likely retail use and that they could be significantly higher than set out in the Retail Assessment. It is conceded that the turnover per square metre achieved by different retailers varies considerably and that this can have significant effects in terms of the predicted turnover of the proposal. This could result in the actual turnover achieved being higher or lower depending on the end users of the individual units. Given that a total of seven units are proposed, it is likely that some of these will perform better than predicted and others will produce lower turnover rates. On this basis the assumptions made on behalf of the applicant, by consultants with considerable experience in the assessment of retail development, appear to present a reasonable estimate of turnover.

38 8.14 An assessment of the effect of the development on the B816 through Allandale was addressed within the revised Transportation Assessment.

9. Conclusion

9.1 The development proposes the relocation of an existing manufacturing business to a modern facility on an unused part of their site, the demolition of the existing building and the creation of a new retail warehouse park on the site. The proposed production facility raises no significant planning issues and has not been the subject of objections from any source. The retail warehouse park element of the development has been conceived as a means of funding the production facility, and was the only option (of a number investigated by the applicant) which fulfilled this requirement

9.2 The retail warehouse park element of the proposed development fails to satisfy all of the relevant criteria under Strategic Policy 9 and is therefore a departure from the Development Plan. However, when the development as a whole is assessed against the criteria of Strategic Policy 10, it is considered appropriate, in that whilst the size of the proposed retail development goes beyond the provision required to meet the shortfall locally, it will secure existing jobs and provides a further 150 new jobs in a company with a longstanding commitment to Cumbernauld. The development accords with the relevant Policies in the Cumbernauld Local Plan and creates no significant areas of conflict with National Planning Policy and Guidance.

9.3 The concerns of consultees can be satisfactorily addressed through the imposition of appropriate planning conditions.

9.4 The proposed development will bring significant economic benefits to the area in terms of the secured and additional jobs, and in stemming the outflow of residents expenditure to other areas. It will also complement the facilities of the expanded Cumbernauld Town Centre, whilst providing a welcome addition to the range of retail facilities in the area.

9.5 Accordingly, I recommend that outline planning permission be granted subject to the attached conditions. Should the Committee be minded to grant outline planning permission, the application must first be referred to the Scottish Ministers as a significant departure from the development plan and against which objections to the development have been made by other local authorities.

39 Application No: N/04/00734/FUL

Date Registered: 7th May 2004

Applicant: Mr & Mrs Muir 18 Gartcarron Hill Balloch Cumbernauld G68 9BS

Agent Mr John Gordon 19 Kinneddar Park Saline Fife KY12 9LE

Development: Erection of a Conservatory

Location: 18 Gartcarron Hill, Balloch, Cumbernauld

Ward: 55: Balloch East and Ravenswood Councillor Elizabeth Gemmell

Grid Reference: 274080.675024.

File Reference: N1041007341FUL

Site History: None

Development Plan: The site is covered by residential policy HG4 in Cumbernauld Local Plan 1993. Contrary to Development Plan: No

Consultations: Scottish Water (No Objection)

Representations: 1 Representation Letter

Newspaper Advertisement: Not Required

Comments:

This application seeks permission for the erection of a rear conservatory at the house at 18 Gartcarron Hill, Balloch, Cumbernauld. One letter of representation has been received from the adjoining neighbour at 20 Gartcarron Hill, the points of which are outlined in the accompanying background report. Nothwithstanding the objection, it is recommended that planning permission be granted.

Please note that the objector has requested that the P & E Committee conduct a site visit and a hearing prior to their determining this planning application.

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.

40 2 Tryst Read 18 Gartcarron Balloch Cumbernauld :UMBERNAULD Hill WIIJW

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

Background Papers:

Application form and plans received 7th May 2004

Letter from Scottish Water received 26th May 2004

Letter from Laura & Paul Ferguson, 20 Gartcarron Hill, Balloch, Cumbernauld, G68 9BS received 21st May 2004.

Any person wishing to inspect these documents should contact Heather Gebbie at 01236 616466

42 APPLICATION NO. N1041007341FUL

REPORT

Proposal

The application site is a semi-detached dwellinghouse bounded by houses to the side, front and rear.

The applicant is seeking planning permission to erect a conservatory at the rear of the house. The conservatory will project 3.7 metres from the rear building line, and will measure 3.2 metres in width and 3.8 metres in height. In addition, a firewall will adjoin the conservatory and this is proposed to be located on the edge of the common boundary, at 3.0 metres in height and 3.7 metres in length. The conservatory will be finished with a polycarbonate pitched roof and white pvc frames to match the house and the facing brick and roughcast shall match those existing.

Development Plan

The site lies within an area covered by the Residential Policy HG4 of the Cumbernauld local Plan 1993. This policy seeks to protect the established residential amenity of the area. The proposal is in accordance with the development plan and raises no strategic issues.

Representations

One letter of objection has been received from the adjoining neighbour at No.20 Gartcarron Hill, in relation to this application. The grounds of the objection and my comments thereon are as follows:- . The height of the proposed conservatory will have a detrimental effect on the daylight and sunlight levels on the objector’s rear garden area.

Comment : Having carried out the Building Research Establishment sunlight and daylight tests, it is concluded that the sunlight and daylight levels at the rear of No.20 will be well within the limits of acceptability following the construction of the conservatory. . The proposed conservatory, with a fire wall, will reduce the value of the objector’s property. . The construction of the conservatory with a fire wall will increase drainage problems at the rear of the objector’s property.

Comment: While appreciating the concerns of the objector, the above matters are not material planning considerations. It should be noted that fire walls are common features of conservatories at the rear of semi-detached houses, and are required under the Building Regulations unless the Conservatory is located at least one metre from the common boundary. . The objectors are concerned about the disruption to their own property during and after the construction period.

Comment: It is conceded that, as with any development, there may be disruption during the construction of the conservatory, however, this would be temporary and should not be material in deciding the acceptability of the proposed conservatory.

43 4. Plann i nn Assess ment and Con clusio ns

4.1 Planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. In this case, the proposal is not contrary to the development plan and the main issue is the impact of the proposed conservatory on the neighbouring property.

4.2 On detailed assessment of the application, it is considered that the design, scale and materials of the proposed conservatory are acceptable from a planning viewpoint. Notwithstanding the objection received from the neighbour at 20 Gartcarron Hill, and discussed in Section 3 above, it is recommended that planning permission be granted.

4.3 It should be noted that the objector has request that the P & E Committee conduct a site visit and a hearing prior to their determining this planning application.

44 Application No: N/04/00755/FUL

Date Registered: 10th May 2004

Applicant: Mr & Mrs Egan 11 Redhill Road Balloch Cumbernauld

Agent AHA Architects Ltd 15 Melville Terrace Stirling FK8 2NE

Development: Extension to a Dwellinghouse

Location: 11 Redhill Road, Balloch, Cumbernauld

Ward: 55: Balloch East and Ravenswood Councillor Elizabeth Gemmell

Grid Reference: 274616.675036.

File Reference: N/04/00755/FUL

Site History:

Development Plan: The site is covered by residential policies in the Cumbernauld Local Plan 1993. Contrary to Development Plan: No

Consultations: None

Representations: 1 Representation Letter

Newspaper Advertisement: Not Required

Comments:

This application is for the construction of an extension to the rear of the property at 11 Redhill Road, Balloch, Cumbernauld. One letter of representation has been received from the neighbouring proprietors, the points of which are outlined in the accompanying background report. Notwithstanding the objections, it is recommended that planning permission be granted.

Please note that the objectors have requested that the P & E Committee conduct a site visit and hearing prior to their determining this planning application.

Recommendation: Grant Subject to the Following Conditions:-

I. 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.

45 11 Redhill Road Balloch Curnbernauld

TeI 01238010210 Tax 012?5010232

46 2. That the facing materials to be used for the external walls and roof shall match in colour and texture those of the existing adjoining building.

Reason: To ensure that the development hereby approved complements the adjoining dwellinghouse in the interests of amenity.

Background Papers:

Application form and plans received 10th May 2004

Letter from Barton & Hendry Solicitors on behalf of Mr and Mrs Orzel, 9 Redhill Road, Balloch, Cumbernauld received 24th May 2004.

Any person wishing to inspect these documents should contact Mrs. Devlin at 01236 616463.

47 APPLICATION NO. N1041007551FUL

REPORT

1. Descriljtion of Site and Proljosal

1.1 This application is for the construction of an extension to the rear of the property at 11 Redhill Road, Balloch, Cumbernauld. The property is a single storey detached house set within an existing residential area that consists of detached properties. The extensions consists of a minor addition to the existing living room, and a substantial extension of 75 m2 along the common boundary with 9 Redhill Road consisting of a family room, gym, study and shower room.

2. Development Plan

2.1 The site is covered by residential policies in the Cumbernauld Local Plan 1993.

3. Representations

3.1 One letter of objection has been received from Barton and Hendry Solicitors on behalf of the residents at 9 Redhill Place, the main points of objection being summarised as follows:-

+ Concern has been expressed about the overbearing visual impact on the property at No. 9. As the application site sits approximately 600mm higher than the objectors' garden, their view and patio area will be dominated by the extension. Furthermore, the extension height is designed to give the applicant a substantial degree of privacy at their own patio area, which is at the expense and outlook of the residents at No. 9.

Comment : It is considered that the proposal will not have an overbearing visual impact even thought the application site sits just over 0.5 metres higher than the neighbouring garden. This is mainly due to the fact that the extension has been designed to minimise any impacts by its height being almost a metre less than the ridge height of the existing house. It is agreed that the design of the extension maximises the privacy of the applicant's patio, however this is not to the detriment of the residents at No. 9.

+ The proposal would result in views from the kitchen and dining room windows being obstructed.

Comment ; While the proposal will have an effect on the views currently enjoyed, no one is entitled to a view under the planning regulations.

+ It is pointed out that it is a low density high amenity area and should the proposal be granted the residents at No. 9 would be the only property in the area to be dominated by a neighbouring property in such a manor. Such an extension would be unusual for the area.

Comment ; Each application is decided on it's own merits. The fact that a similar situation does not currently exist in the area is not enough reason to justify recommending refusal of the application. Furthermore, while the proposal is substantial in floor area terms, the applicant's garden area is more than large enough to accommodate it.

+ It is stated that to grant the proposal would set a precedent for similar proposals. Comment .- As mentioned above, each application is decided on its own merits.

48 + The proposed extension will overshadow the garden, patio and access to the rear garden from the rear of the property from early evening onwards; largely removing the amenity currently enjoyed.

Comment .- It is agreed that the proposal will have an effect on sunlight levels enjoyed in the garden area from the early evening onwards, however, this is not a serious enough issue to warrant recommending refusal of the application. Having carried out the Building Research Establishment sunlight and daylight tests, it is concluded that the sunlight and daylight levels in the kitchen and dining area will be well within the limits of acceptability.

+ It is felt that the high level window in the gym and the windows in the study and family room will look directly into their property.

Comment .- The high level window in the gym will be 1.8 metres above ground level with a length of 1.8 metres and a height of only 0.5 metres. It is therefore considered that the small size and height of the window will have little effect on the neighbour’s privacy. Furthermore, the only other window proposed on the side elevation is in the shower room, which is not considered as a habitable room.

+ The combined effect of all of the above points is that their amenity will be substantially affected and the value and re-saleability of their property will be affected.

Comment .- It is considered that the amenity of the occupiers of No. 9 will not be substantially reduced by the proposed extension to No. 11 Redhill Road. Furthermore, the purported effect on the value and re-saleability of their house is not a material planning consideration.

4. Planning Assessment and Conclusions

4.1 Planing decisions must be made in accordance with the development plan unless material considerations indicate otherwise. In this case, the proposal is not contrary to the development plan and the main issue is the impact of the proposed extension on the neighbouring proprietor.

4.2 It is considered that the design and scale of the proposed extension is acceptable from a planning viewpoint. Notwithstanding the objections raised by the neighbouring proprietors at 1 1 Redhill Road, and discussed in Section 3 above, it is recommended that planning permission be granted.

4.3 It should be noted that the objectors have requested that the P & E Committee conduct a site visit and hearing prior to their determining this planning application.

49 Application No: N/04/00791/FUL

Date Registered: 17th May 2004

Applicant: Mr A Hussain 55 Drumrye Road Clydebank Glasgow G81 2LL

Agent Design & Play Ltd Stanley House 29 Stanley Street Warrington WAI 1EZ

Development: Change of Use to Form Indoor Soft Play Centre and Separate C h iId re n 's Nu rse ry

Location: 2 Old Quarry Road, Westfield, Cumbernauld

Ward: 67: Moodiesburn East and Blackwood West Councillor William How

Grid Reference: 271583.672314.

File Reference: N/04/00791/FUL

Site History: No recent history

Development Plan: Covered by Industrial Policies IB1 and 182 of the Cumbernauld Local Plan, 1993

Contrary to Development Plan: No

Consultations: NLC Education (Early Years Section) (No objection)

Representations: None Received

Newspaper Advertisement: Not Required

Comments:

This planning application proposes the change of use of a vacant 2,800 m2 industrial unit on the edge of Westfield Industrial Area in Cumbernauld. It is proposed that the unit will be subdivided to form a Children's Indoor Soft Play Area and a Children's Nursery, The soft play area will take up the largest part of the building. The nursery will cater for between 90 -1 10 children.

The site is covered by Industrial Policies IBI and IB2 of the Cumbernauld Local Plan 1993. The thrust of these policies are to protect Westfield Industrial Area (regarded as a strategically important industrial and business location) from uses incompatible with industrial and Class 4 business uses. There is a particular presumption against retail developments. It is considered that the children's nursery will be a useful addition to the support facilities available within the industrial area. In an ideal world, the Indoor Play Area would be located closer to the centre of the town in order that it was accessible by a range of

50 *I 012M440210 (4% 01230016232

51 travel options. Although there are bus services to this part of the town, it has to be accepted that the majority of people visiting the facility will arrive by private car. Given the nature of the use it is likely that this would be the case even if the facility were to be located in the centre of the town. The size of the equipment and the resulting space requirements means that an industrial scale building is ideal for this type of use.

It is worth noting that there are a number of vacant units within this industrial area and the building has lain empty since August 2003. The proposed development will result in an investment of approximately f480,OOO and will create up to 54 jobs, 25 associated with the Play Area and 29 with the Nursery.

The proposed development raises no strategic planning issues and it is considered that when assessed against the policies in the Cumbernauld Local Plan the proposed development is considered acceptable in planning terms. It is recommended that planning permission be granted.

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 soft play area or nursery opens, a scheme shall be submitted for the written approval of the Planning Authority detailing the following:

1. access sightlines of minimum 4.5 m x 60m to be formed and thereafter be sustained inside which nothing higher than 900mm is built or allowed to grow. 2. the manner in which both uses will be linked to the existing public pedestrian network. 3. the number and method of marking out customerlstaff parking spaces for each of the uses. 4. internal signage for the separate operations.

Reason: To ensure that a safe vehicular access is formed, that sufficient car parking spaces are provided within the site and that both uses are properly connected to the existing footpath network

3. That before the soft play area or nursery are opened, the scheme approved under the terms of Condition 2 above shall be implemented on the site and thereafter the visibility splays will be maintained, the parking areas shall be retained as such and the links to the footpath network will remain open.

Reason: To ensure that a safe vehicular access is formed, that sufficient car parking spaces are provided within the site and that both uses are properly connected to the existing footpath network

4. That except as may otherwise be agreed in writing by the Planning Authority, the soft play area shall only operate between the hours of 10.00 a.m and 8.00 p.m

Reason: To define the scope of the planning permission.

52 5. That the premises shall be used as detailed on the approved plans as a soft play area and children’s nursery and for no other purposes (including any other purpose in Class 15 of the Schedule to the Town and Country Planning (Use Classes) (Scotland) Order 1997.

Reason: To ensure that the Planning Authority retains control over future changes of use.

Background Papers:

Application form and plans received 17th May 2004

Email from NLC Education (Early Years Section) received 27th May 2004

Any person wishing to inspect these documents should contact Graeme Lee at 01236 616474.

53 Application No: C/03/01827/AMD

Date Registered: 24th December 2003

Ap pl icant: Miss Elaine Tennant 71 Culzean Avenue Coatbridge

Agent James Baird Associates 153 Union Street Larkhall ML9 IEB

Development : Erection of Two Single Storey Dwellings and Re-Alignment of Boundary Wall

Location: Land West Of 6 Ballochnie View Meadowhead Road Plains Airdrie Lanarkshire

Ward: 46: Plains And Councillor Thomas Morgan

Grid Reference: 278873666947

File Reference:

Site History: C/02/00158/REM Erection of 6 Dwellinghouses Granted July 2002

Development Plan: Under the terms of the Adopted District Local Plan 1991 the application site is located within an area zoned as policy HG3 (New Private Sector Housing Development.

Contrary to Development Plan: No

Consultations:

Representations: 1 Representation Letter

Newspaper Advertisement: Not Required

Comments:

Planning permission is being sought for the erection of two dwellinghouses at plot 6 of a small development site located off Meadowhead Road Plains. The proposals would also involve the realignment of a boundary wall. Planning permission for the original development of 6 houses was granted in July 2002 (refer C/02/00158/REM)

The overall site area extends to some 0.42 ha and is located between Meadowhead Road and Ballochnie Drive. The development sits between phase 2 and 3 of a larger undeveloped housing site located off Meadowhead Road.

The proposed dwellinghouses would consist of 2 single storey 3 bedroomed houses that would take access from Meadowhead Road. The proposed houses are of a similar type already built at plot 1 and 2 of the development site. The proposed houses would be finished with grey coloured roof tiles with render to external walls to match the other houses.

54 PlanningErection ofApplication Two Single No Storey C/03/01827/AMD Dwellinghouse and Re-Alignment +Lzp5/ir: of Boundary Wall

RpdlrdhomlkDrdlm Yln.ym4riwwlh Land West of 6 Ballochnie View Meadowhead Road, Plains h pmmslm dnCardhd krU.i-Ws Not to Scale ?ATE:4ZZ'X4%rwnwrllhl * Representation ndm*Irdf.p.lc"~arlrllpos..dmpl

55 A bouhdary wall, which runs along the southern boundary of the site, would be reconstructed to ensure there would be a minimum access width of 3.2 meters along an adjacent lane, which provides vehicular access to an adjacent dwellinghouse.

Under the terms of the local plan the site falls within an area zoned as policy HG3 (New Private Sector Housing Development). There are no strategic planning issues.

The proposals are considered to be acceptable as the proposed amendments meet the terms of the Council's Design Guidance on such proposals. The Transportation Section had no objection to the proposals and there would be no harm to residential amenity. The matters raised by the objector relate to an ongoing dispute over a restricted vehicular access due to the original alignment of the boundary wall. However the amended proposals to realign the wall is the solution being put forward by the developer to meet the objector's concerns.

Taking into account the terms of the development plan and the above material considerations the proposed amendments are considered to be acceptable and it is recommended that planning permission be 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 any works start on the construction of either of the dwellinghouses hereby approved, the proposed boundary wall realignment works as detailed in approved drawing no. 0311 951004 shall be completed to the satisfaction of the Planning Authority. The developer shall advise the Planning Authority of a start date for the construction works.

Reason: In the interests of residential amenity, to ensure that a satisfactory vehicular access is maintained and to allow the Planning Authority to monitor the works.

3. 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. For the avoidance of doubt the southern boundary wall shall not exceed 1 metre in height and all wall supporting butts shall be constructed within each respective house plot boundary.

Reason: That before any of the dwellinghouses hereby permitted are occupied, all fences or walls, approved under the terms of condition 3 above, shall be erected.

4. That the facing materials to be used for the external walls and roof shall match in colour and texture those of the houses in plots 1-5 of the development site..

Reason: In the interests of visual amenity

5. That before either of the dwellinghouses hereby permitted are occupied 2 car parking spaces shall be provided within the curtilage of each plot and outwith the public road or footway, and thereafter be maintained as parking spaces.

Reason: In the interests of traffic and pedestrian safety.

56 6. That a visibility splay of 2.5 metres by 90 metres, measured from the road channel, shall be provided on both sides of each of the vehicular accesses and before either dwellinghouse 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.

7. That before the dwellinghouses hereby permitted are occupied, dropped kerb vehicular accesses 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: In the interests of traffic and pedestrian safety.

8. That before the dwellinghouses hereby permitted are occupied, private vehicular accesses, or driveways, of at least 10 metres in length, shall be provided at right angles to the carriageway and the first 2 metres of these accesses, beyond the limit of the adjoining road, shall be surfaced in an impervious material and provided with a drainage facility to be approved by the Planning Authority.

Reason: To prevent deleterious material being carried onto the road and in the interests of pedestrian and traffic safety..

Background Papers:

Application form and plans received 3rd December 2003

Monklands District Local Plan 1991 Memo from Transportation Section received 21 st June 2004 Memo from Protective Services received 5th April 2004

Letter from J. Harris,Meadowview, Meadowhead Road, Plains, ML6 7JF received 23rd March 2004.

Any person wishing to inspect these documents should contact Colin Marshall at 01236 812376.

57 APPLICATION NO. C1031018271AMD

REPORT

Description of Site and Proposal

Planning permission is being sought for the erection of two dwellinghouses at plot 6 of a small development site located off Meadowhead Road Plains. The proposals would also involve the realignment of a boundary wall.

The overall site area extends to some 0.42 ha and is located between Meadowhead Road and Ballochnie Drive. The development sits between phase 2 and 3 of a larger undeveloped housing site located off Meadowhead Road.

The proposed dwellinghouses would consist of 2 single storey 3 bedroomed houses that would take access from Meadowhead Road. The proposed houses are of a similar type built at plot 1 and 2 of the development site. The proposed houses would be finished with grey coloured roof tiles with render to external walls to match the other houses. The total number of houses within the original development site would be 7 as a result of this amendment.

A boundary wall, which runs along the southern boundary of the site, would be reconstructed to ensure there would be a minimum access width of 3.2 meters along an adjacent lane, which provides vehicular access to an adjacent dwellinghouse.

DeveloDmen t PI an

Under the terms of the local plan the site falls within an area zoned as policy HG3 (New Private Sector Housing Development). There are no strategic planning issues.

Consultations and Representations

The Transportation Section had no objections subject to conditions. Protective Services Section had no objection subject to conditions relating to construction hours, noise and dust emissions.

One letter of representation was received which raised issues regarding the realignment of a boundary wall that was incorrectly positioned during the construction of the house on plot 2. The main concerns were to ensure that the new wall was correctly positioned to ensure an existing right of access is not encroached and to ensure that construction works on the realignment do not affect the access. The objector made the following direct points:

Will the wooden fence, which encroaches onto my access road be moved? Will all founds and butts to the re-aligned wall be erected within the developer’s boundary? The last time the wall was built there were difficulties in gaining access to my property. What reassurances can you give me that this situation will not be allowed to happen again? How long will the job take? What checks will be made to ensure the accuracy of the boundary line is maintained during re-alignment? Can you confirm that the access into one of the detached bungalows will not be taken from my access? Will the proper width of the access road be determined before work starts as I have provided plans detailing all original road widths to your department? Will the boundary wall and fence which has to be re-aligned be worked upon from within the developer’s boundary so that my access route is not disrupted in the way it was last time?

58 0 Since John Grant was responsible for erecting the original wall, how can the re-alignment be part of a new planning application be another developer? 0 I strongly object to any new plans which include a re-alignment of this boundary wall with the development of new houses. If the re-alignment is included in a new application then the developer could take as long as he or she wishes to re-align the boundary wall. Therefore, I think that the boundary wall should be re-aligned before any new developments take place since the original development was part of a previous application..

4. Planning Assessment and Conclusions

4.1 The proposals require to be assessed under the terms of the development plan and any other material considerations.

4.2 There are no strategic planning issues and the proposals are in line with the local plan policies.

4.3 The proposals are considered to be acceptable as the proposed amendments meet the terms of the Councils Design Guidance on such proposals. The Transportation Section had no objection to the proposals and there would be no harm to residential amenity.

4.4 The matters raised by the objector relate to an ongoing dispute over a restricted vehicular access due to the original alignment of the boundary wall. However the amended proposals to realign the wall rectify these concerns. It would be a condition of any planning permission that the boundary wall realignment works be completed prior to works starting on any of the proposed houses. This would ensure the works are completed timeously. The matters raised in the letter of representation were answered in a letter to the objector dated 29 March 2004. This forms part of the background papers. This notwithstanding the following comments can be made on each point noted above.

0 The developer has been requested to realign the boundary wall to ensure that the lane is a minimum width of 3.2 metres wide. Where appropriate all other fences would be altered to tie in with this realigned wall. 0 The wall when constructed must fall within the development site boundary. It would be a condition of any permission that all butts would be positioned within the respective plot area. 0 The developer will be obliged under Health and Safety Regulations to safeguard the public from ongoing works and it is accepted there may be some obstruction. However as it would be a condition of the planning permission that the wall be completed before works start on the construction of the two dwellinghouses, it would be in the developers own interests to complete the works on the wall timeously. 0 The Planning Authority would have limited control over the length of time a project takes once works have started. However as noted above it is envisaged that through the terms of the planning permission that the developer would be encouraged to complete these works fairly quickly to allow a start on the construction of the dwellinghouses. 0 The developer is responsible for ensuring that the development is constructed in accordance with the planning permission. The Planning Authority may investigate any complaint regarding an alleged non-compliance with the terms of a planning permission and take appropriate action where necessary. The amended site layout drawings indicate that access to the two proposed dwellinghouse would be from Meadowhead Road and not from the access lane. The amended plans indicate that a minimum width of 3.2 metres shall be provided along the access lane. This width of access is acceptable. The new wall will need a new foundation and this is likely to encroach into the access lane width. However once completed the agreed access would be maintained. As noted above it would be in the developer’s own interests to complete the works timeously.

59 Planning permission relates to the approved use of land for development purposes. A change in developer does not affect the terms of that permission. It would be a condition of any grant of planning permission that the wall re-alignment works be completed before works started on the dwellinghouses.

4.5 Taking into account the terms of the development plan and the above material considerations the proposed amendments are considered to be acceptable and it is recommended that planning permission be granted subject to conditions

60 Application No:

Date Registered: 12th May 2004

Applicant: Theresa Fagan 60 Thrushbush Road Ai rdri e ML6 6QS

Development: Erection of Building for Shelter of Horses & Sheep

Location: Land East Of 15 Dykehead Road Airdrie Lanarkshire

Ward: 45: New Monklands West Councillor Sophia Coyle

Grid Reference: 276880 6671 32

File Reference: CIPLIAID9241CMIEL

Site History:

Development Plan: Under the terms of the Adopted Monklands District Local Plan 1991 the application site is located within an area covered by policy GBI (Restrict Development in the Green Belt)

Contrary to Development Plan: No

Consultations: NLC Community Services (no objection) S.E.P.A.(West) (no objection) Scottish Water (no response)

Representations: 1 Representation Letter with 6 Co-signatories

Newspaper Advertisement: Not Required

Comments:

Planning permission is being sought in retrospect for the erection of a shelter for horses and sheep within an open field situated to the north side of Dykehead Road opposite the entrance to an industrial estate. The shelter site forms part of a smallholding that is used for equestrian and livestock purposes by the applicant. The shelter is partially built and is situated next to an existing dwellinghouse. There are 3 metal containers which appear to be used as stabling facilities and a fenced equestrian exercise area located further to the east of the site. A bagged manure storage area is located approximately 50 metres from the nearest dwellinghouse at 15 Dykehead Road. Access to the field is taken off Dykehead Road via a field gate. The applicant has advised that this site is required as its position close to the adjacent house offers security for the livestock.

The shelter would consist of a timber-panelled shelter measuring 15 metres x 3.6 metres. Its mono- pitched roof would be 2.7 metres above ground level.

The site is located within the designated green belt and its proposed use as a livestock shelter is consistent with the green belt policy.

61 Planning Application No C/04/00117/FUL Pr0dur.d by rhshire manning and Erwronmnl Coundl Erection of Building for Shelter of Horses & Sheep &It*H*.dqurt.cn 501 FIeming HOUs. 2 Tiyil Rmd CUMBWNAUW A bPlcdYdh*mlkOr*.rr. S"n*m.Pplwrlh e67 IJW Land East of, 15 Dykehead Road, Airdrie h.prmiuiadh.C~Yd1.rdkiU.j-h. 01236 616210 Far 0123BB1B232 Not to scale ~~~~.~~~:'~Z~~~C:,,..,,,,, Representation From 6 Dykehead Residents d n,q,"d,opm.="h, ~rlrllpoo..diw Os L~~nc.LAOQOIIL *

62 There were no objections from consultees however a letter of representation was received from local residents. (It should be noted that there was no objection from the owner/occupier of no 15 Dykehead Road who is closest to the shelter). The main concern is over the positioning of the shelter close to the existing houses as this is considered to be detrimental to residential amenity. The objectors also pointed out there are additional containers and an abandoned vehicle on the site. The objectors also consider the area is poorly drained and that horse manure is kept in storage bags, which leads to smell nuisance. The objectors consider the shelter should be constructed further to the east to ensure that there would be no impact on existing residents.

The issue raised over the management of the site drainage is a matter for SEPA to consider and they have beefmade aware of the development. There was no objection from SEPA however the Agency provided a copy of pollution prevention guidelines, which has been forwarded to the applicant for information purposes.

The proposed building is in keeping with the surrounding rural environment and is related to a green belt conforming use. It was noted that manure had been bagged and this is stored 50 metres from the nearest house. This is considered to be acceptable provided that manure is cleared up on a regular basis. The applicant has advised that once the shelter has been completed the other 3 metal containers and old vehicle (which is used as a feed store) would be removed from the site. This would improve the visual amenity of the site. In order to ensure that the development is managed to a satisfactory level and that there is no continuing threat to amenity, a temporary permission is considered the best option

Having regard to the terms of the development plan and other material concerns the proposal to erect a shelter at this green belt site is acceptable on a temporary basis and it is recommended that planning permission be granted subject to this and other conditions.

Recommendation: Grant Subject to the Following Conditions:-

1. That the permission hereby granted is for a temporary period only and shall expire on 7 July 2006

Reason: To define the permission and to allow the Planning Authority to assess the impact of the development on the surrounding area.

2. That within 2 months of the date of this permission the metal storage containers and abandoned vehicle shall be removed from the site to the satisfaction of the Planning Authority.

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

3. That prior to being brought into use the shelter shall be painted a matt dark green colour.

Reason: In the interests of visual amenity

63 Background Papers:

Application form and plans received 28th January 2004

Memo from Transportation Section received 24th June 2004 Memo from Protective Services Section received 24th June 2004 Memo from NLC Community Services received 23rd June 2004 Letter from S.E.P.A.(West) received 24th June 2004

Letter from Dykehead Residents, Dykehead Road, , Airdrie, ML6 7SR received 28th May 2004.

Any person wishing to inspect these documents should contact Colin Marshall at 01236 812376.

64 Application No: C/04/00371IFUL

Date Registered: 17th March 2004

Applicant : Heritage Park 5 East Avenue Blantyre Industrial Estate Blantyre G72 OJD

Agent Premier Design Associates 26 Howard Court Nerston East Kilbride

Development: Erection of Conservatory and Dormer Extension to House

Location: 85 Greengairs Road Greengairs Airdrie Lanarkshire ML6 7SY

Ward: 45: New Monklands West Councillor Sophia Coyle

Grid Reference: 277384.669805

File Reference: CIPLIGW GSOO/DB/EL

Site History: Planning consent C/O300637FUL for the Erection of 5 Dwellinghouses was granted on 17th July 2003 Planning application C/0301379FUL for the Erection of 8 No. 1.5 Storey Dwellinghouses and Associated Access Road was withdrawn on 6th October 2003 Planning application 03/01 450IAMD Demolition of Dwellinghouse and Revised Road Layout (Amendment to Planning Consent 03/00637/FUL) withdrawn on 14 November 2003

Development Plan: The site is covered by residential policies contained in the Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations:

Representations: 1 Representation Letter

Newspaper Advertisement: Not Required

Comments:

This application is for the renovation, erection of a conservatory and dormer extensions at 85 Greengairs Road, . The dormers are to be finished in slate to match the existing roof. The conservatory is a replacement of an existing smaller entrance porch located to the rear of the property. One letter of objection was received that referred to potential overlooking from the proposed rear dormers. These will however be more than 20 metres from the objector’s property, which is in excess of the minimum standard of 18 metres between facing windows. It is considered therefore that privacy will not be significantly affected. I consider that the proposal is in accordance with the design guidance in the Local Plan and that it raises no strategic issues. I recommend approval of the proposed development.

65 66 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 side and roof of the dormer hereby permitted shall be finished in Slate to match the existing roof.

Reason: To ensure that the development is in accordance with the design guidance contained in the Monklands District Local Plan in the interest of amenity.

3. That before the development hereby permitted starts, full details of all external materials to be used in construction of the conservatory, including walls, roofs, windows, doors, gutters and downpipes, shall be submitted to, and approved in writing by the Planning Authority.

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

Background Papers:

Application form and plans received 17th March 2004

Letter from John Houston, 99 Greengairs Road, Wattston, Greengairs, ML6 7SY received 31st March 2004.

Any person wishing to inspect these documents should contact David Baxter at 01236 812372.

67 Application No: C/04/00468/F UL

Date Registered: 30th March 2004

Applicant: MM 02 (UK) Limited Craig House Mason Street M o t herwel I MLI IYE

Agent Pentland Chartered Surveyors Canal Court 40 Craiglockhart Avenue Edinburgh EH14 1LT

Development : Erection of 10m High Telecommunications Monopole and 2 Associated Cab i nets

Location: Land South West Of Junction Of Bankhead Avenue With Viewfield Road Coatbridge Lanarkshire

Ward: 37: Kirkwood Councillor James Smith JP

Grid Reference: 271201 663551

File Reference: C/PL/CTV81O/LW/EL

Site History:

The site is covered by industrial policy ECON 2 and policy TELl in Development Plan: the Adopted Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations: The Radio Communications Agency (no comments)

Representations: None Received

Newspaper Advertisement: Not Required

Comments:

This application is for the erection of a 10 metre high telecommunication monopole and two associated cabinets at Viewfield Road, Coatbridge. The base station is required to provide the area with radio service for both 2G and the new 3G technology. The site is zoned as ECON2 (Existing General Industrial areas) in the Monklands District Local Plan 1991. The application is assessed in terms of policy TELl Telecommunications Developments that lists criteria of economic benefit, specific locational need and environmental impact to be considered. The application was accompanied by a supporting statement and ICNIRP certificate of compliance, There are no strategic implications raised.

The proposal meets the requirements of policy TEL 1 and should not significantly impact on the amenity of the area. The visual impact of and suitability of the site for such a development is considered acceptable and in accordance with policy TELI. It is therefore recommended that planning permission is granted subject to the following conditions.

68 Works

Planning Application No. C/04/004681FUL

Erection of 1Om High Telecomunications Monopole RannlnpmdR0dus.d by Eru~ronnml

H.adqYn.9Suit. 501 Flaming Haul. and 2 Associated Cabinets 2TiyslR~d CUMBWNAULD Papddudh~mtkOM- SYnnmapvwwIh h.~nni..iadkCaCd~dhIH.irlyl 01236oil 1m 618210 Fa. 0186 6iQ32 Not t0Sc-b anr. mcrwncwriw Land South West of Junction of Bankhead Avenue Lmndbdsmdrvm&dm Irlriw-Crarn cwribht Os Liuns.LAO9041L with Viewfield Road Coatbridge &?dmqlrdt.pa.c"m 01.~111 P"..d

69 Recommendation: Grant Subject to the Following Co.nditions:-

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 commences, an off-street servicing facility for maintenance vehicles shall be provided, with a dropped kerb arrangement, and shall be paved for the first 4 metres.

Reason: In the interests of road safety to prevent on-street parking, and to prevent any deleterious material from being deposited on to the public road.

3. In event that the equipment hereby approved becomes redundant it shall be removed and the site reinstated to the satisfaction of the Planning Authority within one month of the equipment becoming redundant.

Reason: To ensure restoration of the site to a satisfactory standard.

Background Papers:

Adopted Monklands District Local Plan 1991

Application form and plans received 30th March 2004 Memo from Transportation Section received 20thApril 2004

Any person wishing to inspect these documents should contact David Baxter at 01236 812372.

70 APPLICATION NO. C1041004681FUL

REPORT

1. DescriDtion of Site and ProDosal

1.I This application relates to the erection of a 10 metre high telecommunications monopole and two associated equipment cabinets on Road, Coatbridge. The area is predominantly industrial but is adjacent to a residential area. The monopole is proposed to resemble existing streetlights in order to reduce its visual impact.

2. DeveloDment Plan

2.1 The site is zoned as ECON 2 (Existing General Industrial areas) in the Monklands District Local Plan 1991. The application is assessed in terms of policy TELl Telecommunications Developments. There are no strategic considerations.

3. Consultations and Representations

3.1 Consultation was carried out with The Radio Communications Agency As yet there has been no response.

3.2 The original plans submitted as part of this application were not acceptable in terms of road safety. The Transportation Section initially indicated that the monopole and cabinets should be relocated so that they do not interrupt visibility splays. After receiving amended plans, showing the monopole and cabinets in a revised position, they are satisfied that the visibility splays can be achieved. They have also stated that there should be parking provision for service vehicles in order to prevent on-street parking in the vicinity. This issue is addressed in the proposed conditions.

4. Plannina Assessment and Conclusions

4.1 Policy TELl contained in the Monklands District Local Plan 1991 indicates that any telecommunications developments will be considered with regard to national policy and against; economic benefit, specific locational need and environmental impact.

4.2 The applicant has supplied information that indicates the need for a mast within this area to meet a shortfall in coverage which will be of general benefit to business and domestic users in the area.. Several sites were investigated including mast sharing before this was put forward. The mast is also proposed to resemble a street lighting column in order to minimise the visual impact.

4.3 I consider that the proposal meets the criteria stipulated in policy TEL 1 and should not significantly impact on the amenity of the area.

71 Application No: C/04/00491/FUL

Date Registered: 31st March 2004

Applicant: Mr Mohammad Mohsin 59 Colt Terrace Coatbridge Lanarkshire ML5 3HT

Agent CDP - Architects 7 Lynedoch Crescent Glasgow G3 6DZ

Development : Erection of 3 Storey Block of 6 No Flatted Dwellings with Associated Car Parking

Location: 59 Colt Terrace Coatbridge Lanarkshire ML5 3HT

Ward: 34: Coatbridge Central Councillor Thomas Nolan

Grid Reference: 273484.665560.

File Reference: C/Pl/CTC592/DB/EL

Site History: No relevant planning history

Development Plan: The site is covered by residential policies contained in the Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations: Scottish Water (Com ments) British Gas Transco (Com m ents) Scottish Power (No Objection)

Representations: 1 Representation Letter

Newspaper Advertisement: Not Required

Comments: This application is for the demolition of 59 Colt Terrace, Coatbridge and the erection of 6 flats with associated access and parking. The existing property has been vacant for over a year and following fire damage is now considered beyond economic repair. The site is zoned HG9 in the Monklands District Local Plan 1991 and as such proposals that meet the design guidance on infill housing should be considered to be in line with the development plan. In this instance following changes to the parking layout and access I consider that the proposal meets with the design guidance. One letter of objection was received, from a resident of an adjacent ground floor flat, indicated concern about loss of sunlight due to overshadowing from the proposed building. The existing building, which is 1.5 storey to the front and 2.5 storey to the rear, partly obstructs direct sunlight in the morning to the objector's property. The proposed flats will be 3/4 storey high. Due to the modern design (lower ceiling heights and roof pitch) and the position of the building it will not significantly affect the sunlight levels provided to the objector's flat. I therefore recommend that the proposal be approved subject to the attached conditions.

72 Rcduc3 by Planning Application No C/04/00491/Ful rRshire Amningand Ewlrmmnl Erection of 3 Storey Block of Flatted Dwellings With COURd mad iarlers sm%oi, wmlwrnure Associated Car Parking 2 Tryd REDd CUMIWM4UD A Rpdmd homth hdnn;.Sun.yrngpwwIh CS? IN 01236 616210 Fa01236 816232 59 Colt Terrace, Coatbridge I\bt to Scale kKrs:2;::$;: h*'-vr Lh~bds.dmpm&ekv inCIrOI Crwn sw

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 starts, full details of the location and design of the surface water drainage scheme to be installed within the application site shall be submitted to, and for the approval of the Planning Authority, and for the avoidance of doubt the scheme shall comply with the principles of Sustainable Urban Drainage Systems (SUDS). If investigations into the provision of such a SUDS scheme prove that it is impractical to implement, this shall be demonstrated to the planning authority in writing.

Reason: To safeguard the amenity of the area and to ensure that the proposed drainage system complies with the guidance on SUDS.

3. 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.

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

4. That within one year of the occupation of the first flat hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 3 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: To ensure that the site is appropriately landscaped in the interest of residential amenity.

5. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority and it shall include proposals for the continuing care, maintenance and protection of:- (a) the proposed footpaths within the curtilage of the site; (b) the proposed parking areas within the curtilage of the site; (c) the proposed external lighting provided for the car parking area shown on the approved plans; (d) the proposed grassed, planted and landscaped areas agreed under the terms of condition 3 above; (e) the existing and proposed boundary walls as shown on the approved plans.

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

74 6. That before completion of the development hereby permitted, the management and maintenance schemed approved under the terms of condition 5 shall be in operation.

Reason: To ensure adequate maintenance of the footpaths, external lighting, walls, parking and landscaped areas in the interest of traffic and pedestrian safety and residential amenity.

7. That before the development hereby permitted starts, full details of all external materials to be used in construction, including walls, roofs, windows, doors, gutters and downpipes, 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.

8. That before the development hereby permitted is completed or occupied the existing vehicular access, outlined in GREEN on the approved plans, shall be closed off and all vehicular access to the development site hereby permitted shall be via a 5.5 metre wide drop kerb access serving the parking area to the satisfaction of the Planning Authority.

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

9. That a visibility splay of 4.5 metres by 120 metres top the south of the vehicular access on Dunbeth Road and 4.5 metres to the junction of Dunbeth Road and Sunnyside Road, measured from the road channel, shall be provided and before the development hereby permitted is completed or 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: To ensure the provision of adequate sight lines in the interest of Traffic Safety.

Background Papers:

Application form and plans received 31st March 2004 and 23 June 2004

Monklands District Local Plan 1991 Letter from Scottish Water received 21st April 2004 Letter from British Gas Transco received 8th April 2004 Letter from Scottish Power received 13th April 2004

Letter from Alan Stewart, 25C Colt Terrace, Coatbridge, Lanarkshire, ML5 3HT, received 27th April 2004.

Any person wishing to inspect these documents should contact David Baxter at 01236 812372.

75 APPLICATIOKNO. C/04/00491/FUL

REPORT

1. DescriDtion of Site and ProDosal

1.I This application is for the demolition of 59 Colt Terrace, Coatbridge and the erection of 6 flats with associated access and parking. The existing property is a traditional sandstone villa. The building fronts onto colt terrace and is 1.5 storey to the rear due to the difference in ground level the property is 2.5 storey high.

1.2 The building is located in an area of predominantly 3 storey flatted residential development with some two storey terraced units on Dunbeth Road and Coatbridge High opposite.

1.3 The building has been vacant for over year and following fire damage is now considered beyond economic repair.

2. DeveloDm en t Plan

2.1 The site is zoned HG9 in the Monklands District Local Plan 1991 and as such proposals that meet the design guidance on infill housing should be considered to be in line with the development plan.

3. Consultations and Remesentations

3.1 Scottish Water has no objection and recommends that the drainage design should be in line with the principles of Sustainable Urban Drainage.

3.2 Transco and Scottish Power has no objections subject to appropriate measures being taken to protect plant that is within the area.

3.3 The Transportation Section has no objection to the proposal subject to conditions related to access, parking and sight line provision.

3.4 One letter of objection was received from a resident of a flat to the west of the proposed development and indicated concern that the new building could reduce the limited sunlight that his flat receives in the morning.

4. Planning Assessment and Conclusions

4.1 The site is zoned for residential purposes and subject to meeting design guidance contained in the local plan is considered to be in line with the development plan. In this instance following changes to the parking layout and access I consider that the proposal meets with the design guidance in terms of open space, access and parking and therefore is in accordance with the development plan.

4.2 The letter of objection indicated concern about loss of sunlight due to overshadowing from the proposed building. The existing building, which is 1.5 storey to the front and 2.5 storey to the rear, partly obstructs direct sunlight in the morning to the objector's property. The proposed flats will be 3/4 storey high. Due to the modern design (lower ceiling heights and roof pitch) and the position of the building it will not significantly affect the sunlight levels provided to the objector's flat. The relevant tests prove this to be the case. I therefore recommend that the proposal be approved subject to the attached conditions.

76 Application No: CIO4100658IFUL

Uate Registered: 10th May 2004

Applicant : Mr & Mrs G Kane 37 Callander Road Chapelhall Airdrie

Agent Grant/Murray Architects 30 Bell Street Glasgow G1 ILG

Development: Rear Extension to Dwellinghouse

Location: 37 Callander Road Chapelhall Airdrie Lanarkshire

Ward: 52: Councillor David Fagan

Grid Reference: 277875662276

File Reference: CIPLICHCI 26037ILWIEL

Site History:

The site is covered by industrial policy HG4 in the Adopted Development Plan: Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations: No consultations were carried out

Representations: 1 Representation Letter

Newspaper Advertisement: Not Required

Comments:

This application relates to a single storey rear extension to a semi-detached dwellinghouse at 37 Callander Road, Chapelhall, Airdrie. One letter of representation was received from a neighbouring property, the points raised have been detailed in the attached report. Following assessment of the proposals against the development plan and all other material considerations, including effects on neighbouring properties, it is recommended that planning permission 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.

77 78 2. That the facing materials to be used for the external walls and roof shall match in colour and texture those of the existing adjoining building.

Reason: To safeguard the residential amenity of the area.

Background Papers:

Adopted Monklands District Local Plan 1991

Application form and plans received 21st April 2004

Letter from Mr & Mrs J Cunningham, 39 Callander Road, Chapelhall, Airdrie received 5th May 2004.

Any person wishing to inspect these documents should contact Lesley Ward at 01236 812374.

79 APPLICATION NO. C/04/00658/FUL

REPORT

1. DescriDtion of Site and Proposal

1.I The proposed development is a single storey rear extension to the rear of a semi-detached dwellinghouse at 37 Callander Road, Chapelhall, Airdrie. The extension will project approximately 4 metres from the rear of the existing house and will be approximately 5.4 metres wide and approximately 4 metres in height. The extension will be approximately 0.5 metres from the side boundary to the east.

2. Developmen t Plan

2.1 ' The site lies within an area zoned as Residential in the Monklands District Local Plan 1991. The development is in accordance with the Development Plan and raises no strategic issues.

3. Consultations and Representations

3.1 One letter of representation has been received from a neighbour at 39 Callander Road, situated to the east of the application site. The main grounds of objection are as follows:

0) The extension will effect the amount of daylight into the kitchen (ii) Obstruction of views (iii) Overshadowing

4. PI ann i nCI Assessment and Co nc Ius i o ns

4.1 The site is situated within a residential area. In assessing this application the local plan policy for existing residential areas is relevant. This seeks to protect such areas by opposing development that adversely affects the amenity of the established housing. In assessing the proposals in detail it is considered to be acceptable in terms of the design and scale, would integrate satisfactorily with the existing dwellinghouse and would cause no adverse amenity effects in relation to privacy, parking and residual garden ground.

4.2 In relation to the grounds of objection, these are addressed as follows:

(i) The proposal will have a minimal effect on the neighbouring property in terms of obstructing daylight. Both properties have north-facing gardens, and it is felt that the overall detriment, in terms of reduction in daylight, would have a minimal adverse impact on the objector's property due to its orientation. The relevant tests have been undertaken and prove this to be the case. (ii) This point raised is not a material planning consideration, and therefore cannot be assessed as part of this application. (iii) As highlighted above in point (i) there will be minimal overshadowing due to the orientation of the gardens. Again, the relevant tests have been carried out and prove this to be the case.

4.3 In conclusion, the points of representation have been considered and no reason found to uphold the points raised or to request amendments to the proposals. The scale and design of the proposal is considered to be acceptable and is in keeping with the surrounding residential area. The application raises no strategic issues and accords with the policies of the local plan. It is therefore recommended that planning permission be granted subject to the appropriate conditions.

80 Application No: C/04/00718/REM

Date Registered: 12th May 2004

Applicant: Mr A J Gardiner 3 Muir Street Coatbridge ML5 INS

Agent PMD 5 Miekle Cres Airdrie ML6 7UQ

Development: Erection of Dwellinghouse (Reserved Matters)

Location: 13 Dunbeth Avenue Coatbridge Lanarkshire ML5 3JA

Ward: 34: Coatbridge Central Councillor Thomas Nolan

Grid Reference: 273674 665496.

File Reference:

Site History: C/03/01686/AMD Erection of Dwellinghouse (in Outline) granted December 2003

Development Plan: Under the terms of the Adopted Monklands District Local Plan 1991 the application site is located within an area covered by policies HG9 (Housing Policy for Existing Residential Areas) and ENV 15 (Conservation Area)

Contrary to Development Plan: No

Consultations: Architectural Heritage Society Of Scotland (No Objection) The Scottish Civic Trust (No response)

Representations: 1 Representation Letter

Newspaper Advertisement: Advertised on 26th May 2004

Comments:

Planning permission is being sought for the erection of a detached 4 bedroom 1% storey dwellinghouse and conservatory within the rear garden area of 13 Dunbeth Avenue, Coatbridge. Outline planning permission was granted in December 2003 and approval of the reserved matters is now being sought.

The site forms part of the rear garden area of a detached villa located in a conservation area. The site is located within a predominantly residential area and measures 23 metres wide and has a depth of 25 metres with a frontage onto Lugar Street. The site is characterised by a high stone wall along its northern boundary and a number of mature trees and hedgerow located within the mature, well established garden area.

81

The proposals require to be assessed under the terms of the development plan and any other material considerations. The site lies within an established residential area where policies HG9 and ENVl5 of the local play1 would be relevant. There are no strategic planning issues. The proposals accord with the terms of the development plan and the detailed design of the proposed dwellinghouse and its positioning on the site are also in line with the terms of the Council's design guidance. There would be no adverse impact on the amenity of the surrounding conservation area and no harm to residential amenity. The concerns expressed by a neighbour over the loss of mature trees have been mitigated through an agreement by the developer to provide replacements and this arrangement is satisfactory.

Following consideration of the terms of the development plan and taking into account the relevant material factors, the detailed proposals are considered to be acceptable. It is therefore recommended that planning permission be granted subject to conditions.

Recommendation: Grant Subject to the Following Conditions:-

1. That the development hereby permitted shall be started not later than 12 December 2008

Reason: To accord with the outline planning permission.

2. That before the dwellinghouse hereby approved is occupied, a rear 2-0 metre high boundary wall (indicated in blue on the plans hereby approved) shall be erectedS'The proposed wall shall be finished in a suitable brick for the conservation area location and provided with a half round coping stones along its entire length. Full details shall be submitted to and approved in writing by the Planning Authority prior to construction.

Reason: In the interests of residential amenity and the Conservation Area

3. That the following facing materials shall be used: (a) the roof shall be finished in either natural slate or Marley Monarch roofing tiles (anthracite colour); (b) external walls shall be finished in a tinted render with re-constituted sandstone quoins and banding around window openings; (c) windows shall be timber, sash and case design; (d) all rainwater goods shall be coloured black.

Reason: In the interests of amenity of the building and the Conservation Area.

4. That before the development hereby permitted starts, a replacement tree planting scheme, including tree management and maintenance schedule shall be submitted to, and approved in writing by the Planning Authority. The scheme shall incorporate details of the location, number variety and size of the trees to be planted. For the avoidance of doubt all replacement trees shall be heavy standards of similar types to those which will be removed .

Reason: In the interests of visual amenity and to minimise the impact af the loss of trees within the conservation area.

83 5. That within the first planting season (October to April) following the occupation of the dwellinghouse hereby permitted, all tree planting, approved under the terms of condition 4 above, shall be completed; and any trees, which die, are removed, damaged, or become diseased within two years of the completion of the approved tree planting works, shall be replaced within the following year with others of a similar size and species.

Reason: In the interests of amenity and to preserve the character of the Conservation Area.

6. That following the completion of the approved tree planting scheme, the tree maintenance schedule approved under the terms of condition 4 shall be in operation.

Reason: In the interests of amenity and to protect the character of the Conservation Area.

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

Reason: In the interests of amenity and to protect the character of the Conservation Area

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

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

9. 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 and pedestrian safety.

10. That before the dwellinghouse hereby permitted is occupied 2 car parking spaces shall be provided within the curtilage of the plot and outwith the public road or footway, and thereafter be maintained as parking spaces.

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

11. That before the dwellinghouse hereby permitted is occupied a turning facility shall be provided within the curtilage of the site to allow vehicles to enter and leave the site in forward gear.

Reason: To enable vehicles to enter and leave the site in forward gear at all times.

12. That before the dwellinghouse hereby permitted is occupied, a private vehicular access, or driveway, of at least 6 metres in length, shall be provided with an appropriate drainage facility and the first 2 metres of this access, beyond the limit of the adjoining road, shall be surfaced in an impervious material, all to the satisfaction of the Planning Authority.

Reason: To prevent deleterious material being carried onto the road.

84 13. That before the dwellinghouse hereby permitted is occupied, a 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: In the interests of traffic and pedestrian safety.

14. That the window openings on the west elevation of the proposed dwellinghouse shall be fitted with obscure glazing.

Reason : In the interests of residential amenity

Background Papers:

Application form and plans received 5th May 2004

Monklands District Local Plan 1991 Memo from Transportation Section received on 23 June 2004 Letter from Architectural Heritage Society of Scotland received 7 June 2004

Letter from D. McCauley,Hunthill, 8 Lugar Street, Coatbridge, ML5 3JS received 19th May 2004.

Any person wishing to inspect these documents should contact Colin Marshall at 01236 812376.

85 APPLICATION NO. C/04/00718/REM

REPORT

1. Description of Site and ProDosal

1.I Planning permission is being sought for the erection of a dwellinghouse within the rear garden area of 13 Dunbeth Avenue, Coatbridge. Outline planning permission was granted in December 2003 and approval of the reserved matters is now being sought.

1.2 The site forms part of the rear garden area of a detached villa located in a conservation area. The site is located within a predominantly residential area and measures 23 metres wide and has a depth of 25 metres with a frontage onto Lugar Street. The site is characterised by a high stone wall along its northern boundary and a number of mature trees and hedgerows located within the mature, well established garden area.

1.3 The proposals would involve the erection of a detached 4 bedroom 1% storey dwellinghouse. The proposed house would face onto Lugar Street from where a vehicular access would be taken by removing part of the existing stone wall. The house would be positioned to provide 7 metres depth of front garden and 10 metre depth of rear garden. Side garden areas would be 3.5 metres and 2.0 respectively. The house design incorporates traditional design characteristics in keeping with the conservation area. Several mature trees would be removed however the developer has indicated that these would be replaced with heavy standards of similar species. A new 2.0 metre high rear boundary wall would be constructed between the existing villa and the proposed dwellinghouse. This would be finished in a render with a half round cope to match adjacent garden walls. The proposed design would include an integral garage with driveway and turning area. It is also proposed to erect a conservatory to the rear elevation.

2. Develo Dm e n t PIan

2.1 The site lies within an established residential area where policies HG9 and ENV15 of the local plan would be relevant. There are no strategic planning issues.

3. Consultations and Representations

3.1 There were no adverse comments from consultees and the Transportation Manager had no objections subject to conditions.

3.2 A letter of representation was received from a neighbour. Whilst the neighbour had no objection to the construction of a house at the site, there is concern over the loss of 4 mature trees at the site.

4. Plannina Assessment and Conclusions

4.1 The proposals require to be assessed under the terms of the development plan and any other material considerations. The site lies within an established residential area where policies HG9 and ENV15 of the local plan would be relevant. There are no strategic planning issues. The proposals accord with the terms of the above noted policies.

86 4.2 The detailed design of the proposed dwellinghouse and its positioning on the site are also in line with the terms of the Council's design guidance. There would be no adverse impact on the amenity of the surrounding conservation area and no harm to residential amenity. There were no adverse comments from consultees and the Transportation Manager had no objections subject to conditions. However a letter of representation was received from a neighbour. Whilst the neighbour had no objection to the construction of a house at the site, there is concern over the loss of trees on the site. As noted above the developer has agreed to provide replacements of a similar species and this is considered to be acceptable. The submitted detail address the reserved matters as noted in the outline planning permission although it has been agreed that Marley Monarch tiles may be used in place of natural slate. This is in line with design guidance on re-roofing proposals.

4.3 Following consideration of the terms of the development plan and taking into account the relevant material factors, the detailed proposals are considered to be acceptable. It is therefore recommended that planning permission be granted subject to conditions.

87 Application No:

Date Registered: 24th May 2004

Applicant : K. Johnston 69 Gartleahill Ai rdrie Lanarkshire ML6 9JY

Agent Lorraine Higgins 69 Gartleahill Airdrie ML6 9JY

Development : Erection of accommodation for Use as Pigeon Loft (In Retrospect)

Location: 69 Gartleahill Airdrie Lanarkshire ML6 9JY

Ward: 48: South East Cairnhill And Gartlea Councillor David Stocks

Grid Reference: 276708.664827.

File Reference: CIPLIAIG2250691LMIEL

Site History:

Development Plan: The property is covered by residential policies in the Monklands District Local Plan.

Contrary to Development Plan: No

Consultations:

Representations: 2 Representation Letters

Newspaper Advertisement: Not Required

Comments: Planning permission is sought for the erection of a shed for use as a pigeon loft (in retrospect) at 69 Gartleahill, which is a 4 in a block flatted property. Two letters of representation were received from neighbouring properties. The points raised have been considered in the attached report. Following assessment of the proposals against the development plan and all other material considerations, including effects on neighbouring properties, it is recommended that planning permission is granted.

Recommendation: Approve Subject to the Following Conditions:-

1, That the all of the outside of the pigeon loft should always be painted in the one single colour and that this colour shall be a dark woodstain and the exact colour must be agreed by the Council.

Reason: To enable the Planning Authority to retain effective control over the appearance of the pigeon accommodation.

88 89 Background Papers:

Application form and plans received 14th May 2004

Letter from T Granger, 75 Gartleahill, Airdrie, ML6 9JY received 27th May 2004. Letter from Mr & Mrs McLuskey, 71 Gartleahill, Airdrie, ML6 9JY received 2nd June 2004.

Any person wishing to inspect these documents should contact Leigh Menzies at 01236 812375.

90 APPLICATION NO. C1041008481FUL

REPORT

1. DescriDtion of Site and Proposal

1.I Planning permission is sought for the erection of a shed, for use as a pigeon loft in the rear garden (in retrospect) at 69 Gartleahill, Airdrie. The structure covers an area of approximately 6.6 metres square and a height of approximately 2 metres, of timber construction.

1.2 The area of land concerned is located within an established residential area, and fronts onto Gartleahill.

2. Develo Dment Plan

2.1 The site is designated within the Monklands District Local Plan 1991, as a residential area where amenity is to be protected (Policy HG9). As the application raises no strategic issues, it can be assessed in terms of the local plan policy.

3. Consultations and Rewesentations

3.1 Two letters of representation were received from the property 75 and 71 Gartleahill located to the west of the application site. The objections are on the following grounds: -

(i) the objector at no 75 Gartleahill indicated that she had not been notified directly (ii) unsatisfactory structure (iii) health and environment concerns due to pigeon droppings, and vermin seen at bottom of garden (iv) location of rubbish behind structure

4. Plannina Assessment and Conclusions

4.1 Local plan policy HG9 is the relevant policy in assessing the proposals. This seeks to safeguard against development that adversely affects the amenity of established housing areas. The proposals are considered to be acceptable in terms of the general appearance and scale and would integrate satisfactorily with the surrounding area, without causing any adverse amenity.

4.2 In relation to the grounds of objection, these are addressed as follows:

(i) In terms of the planning legislation the objector at no 75 Gartleahill did not require to be notified of the development (ii) The condition of the structure is not so detrimental to warrant the refusal of planning permission, however an appropriate condition will be placed on the structure to ensure that it does not deteriorate to an unacceptable condition

91 (iii) In respect of the health issue although the erection of the pigeon loft is likely be a source of complaint, it is normally difficult to demonstrate statutory nuisance in such cases. Furthermore, pigeon lofts exist in many residential areas and do not have any significant impact on human health. Consideration of any likely adverse effects on humans of pigeon keeping would be a matter for other legislation to address. It is .%knowledged that some neighbours may find the practice of keeping pigeons offensive in terms of noise, smell, dirt and litter. While this may become an issue in extreme cases under the pollution control legislation, in planning terms, pigeon lofts are considered to be similar to garages and garden sheds. Any use of such structures which is incidental to the enjoyment of the dwellinghouse cannot be controlled by p1annin.g legislation. The remit of the planning assessment does not extend to any aspect of pigeon keeping which would be deemed an incidental use. Consideration is confined effectively to the visual impacts of the proposal. Given its location, it is considered to be acceptable in terms of scale. (iv) The removal of rubbish from behind the structure is a matter for the tenant to address, failing this, it is a matter for Housing and Property services

4.3 In conclusion, having considered all of the points of objection raised, no reason is found to uphold them. It is recommended that planning permission is granted.

92 Application No: C/04/00897/FU L

Date Registered: 27th May 2004

Applicant: Aileen Leslie 47 Kiltarie Crescent Ai rd rie ML6 8NJ

Develop ment: Two Storey Extension Incorporating Car Port to Side of Dwellinghouse and Erection of 1.83 Metre High Fence

Location: 47 Kiltarie Crescent Airdrie Lanarkshire ML6 8NJ

Ward: 52: Salsburgh Councillor David Fagan

Grid Reference: 278997.664871.

File Reference: C/PL/AIK470047/LM/EL

Site' History:

Development Plan: The property is covered by residential policies in the Monklands District Local Plan.

Contrary to Development Plan: No

Consultations:

Representations: 1 Representation Letter

Newspaper Advertisement: Not Required

Comments:

Planning permission is sought for the erection of a two-storey side extension at 47 Kiltarie Crescent, which is a detached property. One letter of representation was received from the neighbouring property. The points raised have been considered in the attached report. Following assessment of the proposals against the development plan and all other material considerations, including effects on neighbouring properties and road safety, it is recommended that planning permission is granted.

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 facing materials to be used for the external walls and roof shall match in colour and texture those of the existing adjoining building.

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

93 94 3. That the roof of the dormer hereby permitted shall be finished in materials to match the existing roof.

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

4. That the side of the dormer hereby permitted shall be finished in a material to match the colour of existing roof.

Reason: In the interests of amenity of the building and the surrounding area

Background Papers:

Application form and plans received 27th May 2004

Monklands District Local Plan 1991 Letter from G. Grant, 45 Kiltarie Crescent, Airdrie, ML6 8NJ received 8th June 2004.

Any person wishing to inspect these documents should contact Leigh Menzies at 01236 812375.

95 APPLICATION NO. C1041008971FUL

REPORT

1. Description of Site and Proposal

1.I The development for which planning permission is sought is for the construction of two-storey side extension at 47 Kiltarie Crescent, Airdrie. It is proposed that the ground floor of the extension will be approximately 3 metres wide, 11.5 metres long and would accommodate a carport. In terms of the upper floor it would also extend approximately 1.5 metres from the existing building, to accommodate an additional bedroom and en-suite. The proposed 2-storey structure would have a pitched roof 7 metres in height and would be at 90 degrees from the main apex and would incorporate a dormer window. In addition planning permission is sought for a fence to be erected to the east of the property approximately 1.83 metres in height extending the existing rear garden fencing.

1.2 The dwellinghouse is located within an established residential area, and fronts onto Kiltarie Crescent.

2. Development Plan

2.1 The site is designated within the Monklands District Local Plan 1991, as a residential area where amenity is to be protected (Policy HG9). As the application rises no strategic issues, it can be assessed in terms of the local plan policy.

3. Consultations and Rewesentations

3.1 The transportation section's response stated that the fencing to the east of the property does not interfere with the sightlines entering and exiting the adjoining junction of lnvervale Avenue and Kiltaire Crescent.

3.2 One letter of representation was received from the neighbouring property at 45 Kiltarie Crescent to the west of the application site. The objections are on the following grounds: -

(i) design and scale out of character with general streetscape (ii) materials not in keeping with the existing (iii) openings incorporated into the car port (iv) use of the projection to the rear (v) access onto neighbouring property for construction and maintenance (vi) proximity to the common boundary (vii) inconstancies in relation to the proposed elevations and the existing utility room

4. PIann i na Assessment and Co nc I usi0 ns

4.1 Local plan policy HG9 is the relevant policy in assessing the proposals. This seeks to safeguard against development that adversely affects the amenity of established housing areas. The proposals are considered to be acceptable in terms of the appearance and scale and would integrate satisfactorily with the surrounding area, without causing any adverse amenity.

96 4.2 In relation to the grounds of objection, these are addressed as follows:

(i) Within the surrounding area there are no existing front dormer extensions however the house types are not strictly uniform, and the scale of the extension is not excessive. It is felt that in this regard the proposal is not detrimental to the surrounding area. (ii) The objector highlights the proposed materials and in particular the timber cladding. The drawings submitted indicated that the materials to be used on the roof and external walls would match the existing. The timber cladding would be restricted to the sides of the dormer extension and is a typical detail due to the nature of construction. A condition would be placed on this to &sure that the colour is in keeping with the adjoining roof area. (iii) The proposal submitted serves the purpose of accommodating additional living space to the upper floor. The inclusion of the carport is to facilitate this and provides covered accommodation for car parking. The openings within the car port enclosure are acceptable. (iv) The proposed use of the projection to the rear to provide a canopy may not serve any particular purpose however its inclusion within the development does not warrant refusal as it is not detrimental to the amenity to the surrounding area. (v) This is an issue that requires to be addressed by the applicant. (vi) Proximity to the boundary is not prohibited by the planning legislation, and in this instance it is not felt to be detrimental to the neighbour. (vii) It is agreed that the existing utility room is not depicted on the proposed elevations although it is included in the proposed floor plan. However it is felt that in this instance the inclusion of these aspects in the elevations was not strictly essential to assess the proposals.

4.3 In conclusion 1 have considered the points of objection raised to the proposed extension but find no reason to uphold them as it is not considered that the degree of detriment to the objector's property is sufficient to warrant refusal. The fencing is acceptable and does not interfere with the sightlines entering and exiting lnvervale Avenue. I therefore recommend that planning permission be granted subject to appropriate conditions.

97 Application No: C/04/00902/AMD

Date Registered: 3rd June 2004

Applicant : Heritage Park Design 5 East Avenue Blantyre Industrial Estate Blantyre G72 OJB

Development : Revised Access Road Layout (Amendment to Planning Permission C1031006371FUL - Construction of 5 Dwelling houses)

Location: 85 Greengairs Road Greengairs Airdrie Lanarkshire ML6 7SY

Ward: 45: New Monklands West Councillor Sophia Coyle

Grid Reference: 277384.669805

File Reference: C/P L/GW G9001D B/EL

Site History: Planning consent C/0300637FUL for the Erection of 5 Dwellinghouses was granted on 17th July 2003 Planning application C/O301379FUL for the Erection of 8 No. 1.5 Storey Dwellinghouses and Associated Access Road was withdrawn on 6th October 2003 Planning application 03/01450/AMD Demolition of Dwellinghouse and Revised Road Layout (Amendment to Planning Consent 03/00637/FUL) withdrawn on 14 November 2003 Planning application C/03/01756/FUL Erection of Dwellinghouse was granted 6th January 2004 Planning application C/04/00371/FUL Erection of Conservatory and Dormer Extension to House pending determination

Development Plan: The site is covered by residential policies contained in the Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations:

Representations: 2 Representation Letters

Newspaper Advertisement: Not Required

Comments:

This application is for the partial demolition of 85 Greengairs Road and an amendment to the proposed road junction with Greengairs Road forming the access road required to serve 6 houses that were given permission under the terms of planning consents C/0300637/FUL and C/03/01756/FUL. The site is zoned HG9 Housing Policy for Existing Residential Areas in the Monklands District Local Plan 1991 and the proposal is assessed against associated design guidance. Following neighbour notification 2 letters of objection were received details of which are contained in the attached report.

98 Planning Application No C/04/00902/AMD Revised Access Road Layout (Amendment to Planning Permission C/03/00637/Ful Construction of 5 Dwellinghouses) 85 Greengairs Road, Greengairs Airdrie a * Representations hbf to Scale Site Area 0.4HA 99 The Transportation Section has recommended refusal on road safety grounds. Although planning permission was previously approved for an access serving this site it was on the understanding that the adjoining land owner at 83 Greengairs Road was prepared to assist in facilitating the formation of the access and thereby removing the current obstructions to the required sightlines.

Since the owner is now objecting to the proposal in its current form the developer cannot achieve the necessary sightlines. Although the proposal is generally in line with the design guidance on lnfill Housing contained in the Local Plan and there is no objection to the partial demolition of the house at No.85 I consider that it fails to provide satisfactory arrangements with regard to road access. I therefore recommend that the application be refused as being contrary to policy HG9 that requires conformity with design guidance with regard to access roads.

Recommendation: Refuse for the Following Reasons:-

1. That the proposed development fails to provide a safe road access and is therefore contrary to guidance referred to in Policy HG9 of the Monklands District Local Plan 1991.

2. The proposed site access to the B803 Greengairs Road is at a point where there are no footways and the junction visibility would be below the standard required with no prospect for improvement .

Background Papers:

Monklands District Local Plan 1991 Application form and plans received 27th May 2004

Letter from G Johnston, 86 Greengairs Road, Wattston, Airdrie received 8th June 2004. Letter from Mr Craig Brown,83 Greengairs Road, Wattston, Airdrie, ML6 7SY received 8th June 2004. Letter from John Houston 99 Greengairs Road, Wattston, ML6 7SY received 9 June 2004

Any person wishing to inspect these documents should contact David Baxter at 01236 812372.

100 APPLICATION NO. C/04/00902/AMD

REPORT

1. Description of Site and Proposal

1.I This application is for the partial demolition of 85 Greengairs Road and amendment to the proposed road junction with Greengairs Road and the access road required to serve the development which was given permission under the terms of planning applications C/03/00637/FUL and C/03/01756/FUL. The proposal involves moving the proposed access road 3 metre to the east from the previous approved plan, reducing the radius kerbs from 9.5m to 4.5m and replacing a footpath on the western side of the access wit a service strip. To accommodate 3m would be removed from the western elevation of 85 Greengairs Road.

1.2 Application C/0300637/FUL was for the erection of 5 one and a half storey dwellinghouses on land to the rear of 83 and 85 Greengairs Road, Greengairs. Following a site visit by the Planning and Environment Committee on 17th July 2003 planning permission was granted. Each house is to front onto a road that runs between these two properties and would have a turning facility to enable all vehicles to enter and leave the site in forward gear. Each house would be accessed via a driveway and be provided with parking for at least two vehicles. Planning permission C/03/01756/FUL was for a further house on land immediately to the rear of 85 Greengairs Road and would be accessed from the proposed road. The applicant has however failed to achieve agreement with the owner of 83 Greengairs Road over the transfer of land to enable the formation of the access road with adequate sight lines as shown on the current planning consent. This application is therefore an attempt to provide suitable access to the 6 houses and would involve the partial demolition of the existing house at no. 85.

1.3 Previous applications by the developer to achieve suitable access have not been progressed due to their failure to satisfy suitable visibility at the access point.

1.5 There are 4 substantially completed houses on the site two of which are now occupied. This is in contravention of conditions preventing occupancy until a suitable means of vehicular and pedestrian access and adequate sightlines at the junction with Greegairs Road are provided.

2. Develo pment Plan

2.1 The site is zoned HG9 Housing Policy for Existing Residential Areas in the Monklands District Local Plan 1991 and the proposal is assessed against associated design guidance. The proposals raise no strategic issues.

3. Consultations and Representations

3.1 The Transportation Section has indicated that the proposed development takes access onto the B803 Greengairs Road at a point where there are no footways and the junction visibility from the proposed access is currently below the standard required. Of primary concern is the visibility to the west which is severely restricted due to a combination of a change in ground level, brick wall and timber fence immediately to the west of the access. It should be noted that these obstructions are located in an area outwith the control of the applicant. In addition, before entering the 30mph speed limit fronting the development, vehicles approaching from the west are subject to a 60mph speed limit up to a point 55m from the proposed access. The applicant can only provide a 4.5m by 8.5m visibility splay to the west. Even if the road was redesigned as a private access over a drop kerb then a sight line of 2.5m by 8m could not be achieved. The Transportation Section therefore recommends that this application be refused in the interest of road safety.

101 3.2 Following neighbour notification 2 letters of objection were received and made reference to the following points: a) The proposed entrance is closer to a bus stop; b) There is nothing to restrict speed on this road and as a result traffic entering the village only slows down once past the proposed entrance; c) The increased number of vehicle movements at this proposed entrance could represent a serious hazard; d) There is a wall and fence that stands only 4m from the proposed road that due to ground levels will restrict the views onto Greengairs Road; e) The re-aligned road is on land that the applicant does not own.

4. PIann in CI Assessment and Co nc I us i o ns

4.1 In assessing this application the local plan policy HG9 in the Monklands District Local Plan 1991 indicates that development proposals contrary to design guidance will not generally obtain planning permission. This application differs from the one granted planning permission only in respect of access arrangements. The comments made by the objectors in respect to road safety elements are considered to be valid. The Design Guidance on lnfill Housing contained in the Local Plan identifies one of the main principles in identifying a suitable infill housing site as one that has satisfactory access arrangements. I share the concerns of the local objectors and the Transportation Section in this respect.

4.2 The land owner at no 83 Greengairs Road was notified of the approved application and did not object to the proposal at that time. On this basis planning permission was granted as there was a reasonable expectation that the negotiations between the two parties would be concluded. The developer has, however proceeded with the development without concluding the required agreement with the land owner. Should this agreement be satisfactorily concluded the development could proceed in terms of the original permission. At present the applicant is unlikely to be able to provide anywhere near adequate sightlines as there is an obstruction (fencelwall) outwith their control. I consider that the proposal is contrary to the design guidance contained in the local plan in that satisfactory access cannot be achieved and therefore recommend refusal.

102 Application No: C/04/00912/OUT

Date Registered: 1st June 2004

Applicant: Mr James Fraser 6 Mount Vernon Avenue Coatbridge ML5 INR

Development: Erection of Dwellinghouse (In Outline)

Location: 6 Mount Vernon Avenue Coatbridge Lanarkshire ML5 INR

Ward: 32: Blairpark Councillor William Shields

Grid Reference: 272419.665304.

File Reference: C/Pl/CTM86000600/1J/EL

Site History:

Development Plan: The site is covered by Policies HG9 (Existing Residential Areas) and ENVl5/1 (Conservation Area) in the Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations: Scottish Water (No objections) British Gas Transco (No objections) Scottish Power (No objections)

Representations: 2 Letters

Newspaper Advertisement: Advertised on 9th June 2004

Comments:

Consent is being sought for the erection of a detached dwellinghouse within the rear garden grounds of the residential property addressed as no. 6 Mount Vernon Avenue, Coatbridge. The proposal seeks to create a new vehicular access directly from Mount Vernon Avenue into the development site which will accommodate a single dwelling which will be positioned to the rear of the existing dwellinghouse. No details have been provided at this outline application stage on specific house type, site layout etc. and the only known factor is that a new vehicular access will be created onto Mount Vernon Avenue at the southern boundary of the site. Two letters of objection were received in respect of this proposal, the details of which will be discussed in the accompanying report.

Having regard to the provisions of the approved design guide on “lnfill Housing” as contained within the adopted Monklands District Local Plan 1991 I consider that the proposal is deficient in terms of being “backland” development and that if approved it would introduce a development with sub-standard levels of amenity garden ground as specified in the Design Guidance on “Open Space-Space around Dwellings”.

Having regard to these matters, and to the concerns raised by the objectors, I therefore recommend that the application be refused for the attached reasons.

103 104 Recommendation: Refuse for the Following Reasons:-

1. That the proposal is contrary to the provisions of the adopted Monklands District Local Plan 1991 approved Design Guidance on ”lnfill Housing” in respect that the proposal represents a backland development of a plot without a road frontage which would be detrimental to amenity of the surrounding Conservation Area location.

2. That the proposed dwellinghouse would not have the required standard of amenity garden ground within the site and would therefore be contrary to the Council’s Design Guidance on “Open Space - Space around Dwellings”.

3. That the proposal is contrary to the provisions of the Monklands District Local Plan 1991 approved Design Guidance on “Conservation” which states that “stricter standards on design and open space requirements are likely to be applied in Conservation Areas”.

Background Papers:

Application form and plans received 1st June 2004

Memo from Transportation Section received 28‘h June 2004 Letter from British Gas Transco received 8‘h June 2004 Letter from Scottish Power received 14‘h June 2004 Letter from Scottish Water received 22”d June 2004

Letter from John Owens, 51 B Blairhill Street, Coatbridge received 8‘h June 2004 Letter from Mary Rooney, 51C Blairhill Street, Coatbridge received 8‘h June 2004

Any person wishing to inspect these documents should contact lan Johnston at 01236 812382.

105 APPLICATION NO. C10410091210UT

REPORT

1. Description of Site and Proposal

1.1 Consent is being sought in outline for the erection of a single dwellinghouse on an area of flat, grassed land located to the rear of the residential property addressed as no6 Mount Vernon Avenue, Coatbridge. The area of ground presently forms part of the rear garden ground of no.6 Mount Vernon Avenue and is currently an area of well maintained grassed land. The site is located within the Dunnbeth & Blairhill Conservation Area and is bounded on all elevations by the curtilages of surrounding residential properties.

1.2 The proposal is for the erection of a single detached dwelling on the application site. The application is seeking outline consent at this stage and no details have been provided on possible site layout, house type etc. as these matters would be considered at a reserved matters submission should this present proposal be considered acceptable. It is however known at this stage that vehicular access to the site will be taken from a point on Mount Vernon Avenue via an elongated driveway and that any new dwelling will be positioned in the rear part of the site behind the‘front building line of the adjacent detached dwellinghouses.

2. Development Plan

2.1 In terms of the adopted Monklands District Local Plan 1991 the site is covered by the following policies: HG9: Existing Residential Areas and ENVl5/1: Conservation Area.

3. Consultations and Representations

3.1 Following the standard neighbour notification and public advertisement procedures 2 letters of objection were received against this proposal. The basis of these objections is primarily that the proposal would adversely affect the openness of the surrounding Conservation Area, would overshadow the surrounding properties, would require the loss of existing treeslbushes and would increase traffic congestion at the locus.

3.2 The Transportation Section has not objected to the proposal subject to the provision of the necessary access visibility splays at the site frontage.

3.3 None of the Statutory Consultees offered any objection to the proposal.

4. Plan ni na Assessment and Co nclusio ns

4.1 Applications of this nature require to be assessed fully against the provisions of the Development Plan including any Design Guidance provided within and also any other matters that are considered relevant and material. In this instance the proposal requires to be considered in terms of the approved design guidance on “lnfill housing” which provides detailed guidance on building a house on small sites in residential areas.

4.2 Having regard to the layout of the application site it is evident that any structure would have to be positioned within the rear part of the site behind the building line of the properties on either side. Taken that access to the site will be from a narrow elongated driveway created along the southern boundary of the site then the proposal is clearly “backland” in terms of the design guidance in that the new build would have no clear road frontage and would be positioned to the rear of the front building line of the forwardmost house on the original plot.

106 4.3 Any new development would also have an adverse impact on the privacy of the existing plot (no.6) in that to position any new build in the rear part of the site with a front elevation towards Mount Vernon Avenue, as is the normal pattern of development along that roadway, then it would not be possible to achieve the minimum of 18 metres from directly facing windows between the application site and no.6 Mount Vernon Avenue. Therefore, having regard to the only acceptable positioning of a dwellinghouse within the site, in relation to the approved design guidance on “Open Space“ the proposal would also be deficient in terms of minimum rear garden depths (10 metres) and minimum rear garden areas (70 sq. metres).

4.4 Being in outline no site layout details have been submitted with the application to allow assessment on whether any new build would impact (in terms of overshadow) on the surrounding properties although it is accepted that a large mature tree would require to be removed to accommodate any new driveway along the southern boundary of the site and a section of the existing stone wall along the sites southern boundary would require to be reduced to provide the necessary visibility splays onto Mount Vernon Avenue. It is not felt however that the introduction of a further single residential property into the area would create a traffic congestion problem nor would it result in the overcrowding of the area as claimed. Matters such as loss of value of property and contrary to conditions of title are not relevant planning considerations.

4.5 In terms of general layout pattern of existing developments within this Conservation Area location it is seen that the predominance is for street frontage locations (properties fronting onto directly onto Mount Vernon Avenue) and there are no nearby examples of individual private access driveways serving properties set back towards the rear of the plots via an elongated driveway as currently proposed. Therefore, in addition to being unacceptable in terms of “backland development” the layout would be alien to the character of the surrounding Conservation Area location.

4.6 Having regard to the foregoing I consider the proposal unacceptable in that it is a backland type development as defined in the adopted Local Plan and it would introduce an unacceptable form of development within a Conservation Area location. I therefore recommend that the application be refused for the reasons attached to this report.

107 Application No: C/04/00922/FUL

Date Registered: 1st June 2004

Applicant: Mr & Mrs Lees 5 Golfview Drive Coatbridge Lanarkshire ML5 IJN

Development : Two Storey Rear Extension To Dwellinghouse

Location: 5 Golfview Drive Coatbridge Lanarkshire ML5 1JN

Ward: 32: Blairpark Councillor William Shields

Grid Reference: 271618.665019.

File Reference: CIPLICTG7500051LWIEL

Site History:

The site is covered by industrial policy HG9 in the Adopted Development Plan: Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations: No consultations were carried out

Representations: 1 Representation Letters

Newspaper Advertisement: Not Required

Comments:

This application relates to a two storey rear extension to a detached dwellinghouse at 5 Golfview Drive, Coatbridge. One letter of representation was received from a neighbouring property, the points raised have been detailed in the attached report. Following assessment of the proposals against the development plan and all other material considerations, including effects on neighbouring properties, it is recommended that planning permission 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 the facing materials to be used for the external walls and roof shall match in colour and texture those of the existing adjoining building.

Reason: To safeguard the residential amenity of the area.

108 109 Background Papers:

Adopted Monklands District Local Plan 1991

Application form and plans received Ist June 2004

Letter from Mrs Jacqueline Jean Wright, 3 Golfview Drive, Coatbridge, Lanarkshire, ML5 1JN, received 8th June 2004.

Any person wishing to inspect these documents should contact Lesley Ward at 01236 812374.

110 APPLICATION NO. C1041009221FUL

REPORT

1. DescriDtion of Site and ProPOsal

1.I The proposed development is a two storey rear extension to the rear of a detached dwellinghouse at 5 Golfview Drive, Coatbridge. The extension will project approximately 4 metres from the rear of the existing house and will be approximately 7.7 metres wide and approximately 7.5 metres in height. The extension will be approximately 3.2 metres from the side boundary to the east.

2. Developmen t Plan

2.1 The site lies within an area zoned as Residential in the Monklands District Local Plan 1991. The development is in accordance with the Development Plan and raises no strategic issues.

3. Consultations and Representations

3.1 One letter of representation has been received from a neighbour at 3 Golfview Drive, situated to the east of the application site. The main grounds of objection are as follows:

0) The size of the extension would be highly intrusive (ii) Restriction of sunlight to side and rear of house (iii) Sunlight to garden restricted

4. Plann i nn Assessment and Co nclusio ns

4.1 The site is situated within a residential area. In assessing this application the local plan policy for existing residential areas is relevant. This seeks to protect such areas by opposing development that adversely affects the amenity of the established housing. In assessing the proposals in detail it is considered to be acceptable in terms of the design and scale, would integrate satisfactorily with the existing dwellinghouse and would cause no adverse amenity effects in relation to privacy, parking and residual garden ground.

4.2 In relation to the grounds of objection, these are addressed as follows:

(i) The extension continues the roofline of the existing dwellinghouse and does not form an intrusive structure as there are no additional windows proposed on the side elevations. Although the extension is of a large scale, the materials will match the existing and will not be visually obtrusive. (ii) The proposal will have a minimal effect on the neighbouring property in terms of obstructing sunlight. Although both properties have south-facing gardens, the houses are some 7 metres apart and it is felt that the overall detriment, in terms of reduction in sunlight, would have a minimal adverse impact on the objector’s property due to the existing two garages between the neighbouring properties. The relevant sunlight tests have been carried and prove this is the case. (iii) As highlighted above in point (i) there will be minimal overshadowing as a result of the extension, as the distance between the two properties is 7 metres.

4.3 In conclusion, the points of representation have been considered and no reason found to uphold the points raised or to request amendments to the proposals. The scale and design of the proposal is considered to be acceptable and is in keeping with the surrounding residential area. The application raises no strategic issues and accords with the policies of the local plan. It is therefore recommended that planning permission be granted subject to the appropriate conditions.

111 Application No: S/04/00489/FUL

Date Registered: 17th May 2004

Applicant : Mrs M Kennedy Greenhill Farm Hareshaw Cleland MLI 5NF

Development: Regrading of Land Using Imported and Demolition Material

Location: Greenhill Farm Greenhill Road Cleland Motherwell Lanarkshire MLI 5NF

Ward: 18: Dykehead Councillor James Robertson

Grid Reference: 281443.660183.

File Reference: SIPLIB14149

Site History: S/O3/00567/FUL - Construction of Golf Course and Driving Range & conversion of Existing Outbuilding to Form a Tackle/Pro Shop & Cafe approved 17 September 2003;

S/02/00534/FUL - Upfilling of Land from Pond Material approved 11 September 2002; and

S/96/00312/FUL - Formation of New Access to Farm and Earth Movement Approved 16 September 1996

Development Plan: The site is designated Green Belt in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004), and Policies ENV6, L2, L5 and L7 are relevant.

The site is also designated Green Belt in the Central Industrial Area Part Development Plan 1964.

Contrary to Development Plan: No

Consultations: S.E .P .A.(W est) (No response)

Representations: None Received

Newspaper Advertisement: 26th May 2004

Comments:

The application site forms part of Greenhill Farm, which lies immediately to the east of the settlement of Hareshaw. This partly retrospective application seeks consent to regrade an area of land measuring 1 hectare, to the east of the existing farm buildings, to prepare the ground for use as a car park and driving range building, which received planning permission S/03/00567/FUL on 17 September 2003. There will be no significant change to the original land profile, but the submitted method statement explains that the regrading was required following flood damage 2 years ago, caused by a leak from the nearby reservoir. The fill material consists of crushed rubble from a recently demolished

112 U Reservoir (covered)

U

PLANNING APPLICATION NOS/ 04 I00480 / FUL REGRADING OF LAND USING IMPORTED N rkshire AND DEMOLITION MATERIAL buncll GREENHILL FARM, GREENHILL ROAD, CLELAND, MOTHERWELL.

OS Lis.nse LAOBOllL Sita Araa = 1 nd ha

113 farm steading building, and some imported inert demolition rubble, topped by tarmac road planings for the approved car park area. Soil will be replaced on areas other than the car park and driving range site, and the areas grassed. Confirmation has been received that there are no contamination issues with the associated fill material and there are no objections, adverse consultation responses or policy conflicts with this application. 1 therefore recommend its approval subject to the conditions set out below.

Recommendation: Grant Subject to the Following Conditions:-

1. That only inert material shall be used in the land regrading hereby approved.

Reason: To comply with the terms of the application and to ensure that the site is not contaminated by non-inert material.

2. That no trees within the application site or immediately outwith it along its Greenhill Road frontage shall be lopped, topped, felled, or otherwise affected by the approved development, and these trees shall be protected in accordance with British Standard BS5837 while any works on adjoining land within the application site are being carried out.

Reason: in the interests of nature conservation and visual amenity in this Green Belt location.

Background Papers:

Application form received 29th March 2004 and method statement and amended plans received 17th May 2004

Memo from NLC Geotechnical Section received 15th June 2004 Memo from NLC Protective Services received 18th June 2004

Southern Area Local Plan Finalised Draft (Modified 2001 and 2004)

Any person wishing to inspect these documents should contact Richard Cartwright at 01698 302128.

114 Application No: S1041007941FUL

Date Registered: 27th May 2004

Applicant : Mr Pat Murphy Treasurer Burnhead Bowling Club 84 West Avenue Uddingston G71 6HA

Agent R W Hall Chartered Surveyors 7 Main Street G71 8RD

Development: Proposed Replacement of Locker Building

Location: Burnhead Bowling Club Sycamore Avenue Uddingston Glasgow

Ward: 23: Viewpark Councillor James McCabe

Grid Reference: 271345 661585

File Reference: SIPLIB19Il071LR

Site History: No relevant site history

Development Plan: The site lies within an area covered by Leisure Facility policies in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004)

Contrary to Development Plan: No

Consultations:

Representations: None Received

Newspaper Advertisement: Not Required

Comments:

This planning application seeks permission for the replacement of a timber locker building at Burnhead Bowling Club. The proposed locker building will measure 15.3 metres in length, 9.98 metres in width and 5.2 metres in height. It will consist of a facing brick base course, roughcasted walls and a metal cladded roof to match the adjoining building. The site is bounded by a public park to the north and east, housing to the west and open spacekommunity facilities to the south.

The design of the proposed development is considered to be acceptable, the development accords with the Development Plan, and no letters of objection have been received in connection with this application, I recommend that consent be granted subject to the attached conditions.

115 71 5m I

Publi

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.- BURNHEPD STREET _.---.--..-...~ ______.\\Ujrn ~___..------.--..~.~.~.7.______.. 'I!f !I ;\>3 ,,_--.----...----- ...--.--..______---...... I...... ' '>J ,/' I! '

PLANNING APPLICATION NO. S/O4/00794/FUL

116 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 facing materials to be used for the external walls and roof shall match in colour and texture those of the existing adjoining building.

Reason: To safeguard the residential amenity of the area.

Background Papers:

Application form and plans received 17th May 2004

Any person wishing to inspect these documents should contact Lorna Ramsey at 01 698 3021 36.

I17 Application No:

Date Registered: 14th May 2004

Applicant: Mr & Mrs McConnigal 41 North Lodge Avenue Motherwell Lanarkshire MLI 2SB

Agent David Jarvie 27 Aytoun Road Pollockshields Glasgow G41 5HW

Development : Erection of Rear Conservatory

Location: 41 North Lodge Avenue Motherwell Lanarkshire MLI 2SB

Ward: 12: Knowetop Councillor William Wilson

Grid Reference: 275318.655630.

File Reference: SIPLIBII 2I71MAT

Site History:

Development Plan: The application site is covered by residential policies in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004).

Contrary to Development Plan: No

Consultations:

Representations: 1 Representation Letter

Newspaper Advertisement: Not Required

Comments:

This application seeks permission for the erection of a conservatory at 41 North Lodge Avenue, Motherwell. The property in question is a four in the block flat in an area of similar properties. The applicant is proposing to erect a conservatory to the rear of their property measuring 4.4 metres wide by 3.75 metres deep by 3 metres tall.

The design and location of the conservatory are considered to be acceptable. A firewall is required which will help protect the amenity of the other downstairs flat in the block. The conservatory will have a brick base course and white double glazed UPVC windows. The applicant has sufficient garden ground within which to accommodate the proposed conservatory.

One letter of representation has been received from the neighbour in the property above. Their main concern is that they will no longer be able to gain access to their windows located above the

118 I PLANNING APPLICATION No. S / 04 / 00801 / FUL

119 conservatory. While appreciating the concerns of the occupiers of the upper flat, issues regarding access to communal areas are a private legal matter which cannot be considered material in the determination of this planning application.

Notwithstanding an objection from the occupier of the upper flat, it is recommended that planning permission be granted.

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 facing materials to be used for the external walls shall match in colour and texture those of the existing adjoining building.

Reason: To safeguard the residential amenity of the area.

Background Papers:

Application form and plans received 14th May 2004

Letter from Mr A Bowman, 43 North Lodge Avenue, Motherwell, MLI 2SB received 12th May 2004.

Any person wishing to inspect these documents should contact Mark Thomson at 01689 302136.

120