North Lanarkshire

Council

Planning Applications for consideration of Planning Sub-Committee

Committee Date: 26-09-2019

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

APPLICATIONS FOR PLANNING COMMITTEE

26th September 2019

Page Application No Applicant Development/Site Recommendation No

8-16 18/00409/FUL Deans Civil Demolition of Structures, Importation Grant Engineering and Recycling of Inert Waste Materials Ltd and Associated Works to restore Derelict Site Old Gartliston Works Gartgill Road Gartsherrie Coatbridge

17-24 18/00643/FUL P McKernan Proposed Development of 23 no. Grant (P) Construction Detached 2-Storey Residential Units, Ltd 4 no. House Types Harrison Field Ltd Martyn Street Cairnhill Airdrie

25-35 18/01440/FUL NLC Residential development (8 Dwellings Grant Enterprise And and 8 flatted dwellings) Housing New Site At Bon Accord Crescent Supply Dykehead Shotts

36-49 18/01458/MIN Advance Sand Quarry - Extraction of Sand with Refuse Construction Site Restored by Infilling (Including Scotland Ltd Creation of Access Road and New Vehicular Entrance to the Site, Development of a Compound/Holding Area and Erection of Temporary Buildings) Land North Of Burnbrae Road Auchinloch

50-59 18/01786/PPP Hamcap Cinema and Restaurant Development, Grant (Cumbernauld) alterations to car park and associated LLP works (In Principle) Site At St Mungo's Road Cumbernauld

60-73 18/01851/FUL Dawn Homes 146 Dwellings Comprising Detached, Grant Ltd Semi & Terraced dwellinghouses with Associated Roads and Landscaping Site At Windsor Drive Glenmavis

74-79 19/00013/FUL Mr Colin Rerouting of Access to Existing Plot by Grant Stewart Closing Existing Vehicular Access from The Lane to Forming New Access from Antonine Road, Dullatur Through Existing Landscaped Area Lismore The Lane Dullatur Cumbernauld G68 0AU

80-92 19/00909/FUL Ogilvie Homes Construction of 9 Dwellinghouses Refuse (P) Ltd Site To The East & West Of King's Drive & North Of Dullatur Road Westerwood Cumbernauld

(P)

18/00643/FUL - If minded to grant, legal agreement required for education contributions.

19/00909/FUL - If minded to grant, legal agreement is required for Affordable Housing contribution

Application No: Proposed Development:

18/00409/FUL Demolition of Structures, Importation and Recycling of Inert Waste Materials and Associated Works to restore Derelict Site

Site Address:

Old Gartliston Works Gartgill Road Gartsherrie Coatbridge

Date Registered:

30th May 2018

Applicant: Agent:

Deans Civil Engineering Ltd Albion Environmental Ltd The Bakery Albion House 10 Greenlees Road 1 Damside Cambuslang Ayr UK KA8 8ER G72 8JH

Application Level: Contrary to Development Plan:

Major Application No

Ward: Representations:

06 Gartcosh, Glenboig And Moodiesburn No letters of representation received. Willie Doolan, Greg Lennon, Michael McPake,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The development proposed is considered to be in accordance with the North Lanarkshire Local Plan 2012 as it would restore a derelict site and could be suitably accommodated without detriment to the character and amenity of the surrounding area.

Reproduced by permission of Planning Application: 18/00409/FUL the Ordnance Survey on behalf of HMSO. © Crown Copyright and database right Name (of applicant): Deans Civil 2009. All rights reserved. Engineering Ltd Ordnance Survey Licence Site Address: Old Gartliston Works, Gartgill number 100023396. Road, Gartsherrie, Coatbridge, Development: Demolition of Structures, Importation and Recycling of Inert Waste Materials and Associated Works to restore Derelict Site

Proposed Conditions:-

1. That the permission for the importation of inert waste works hereby permitted is for a temporary period only and shall expire on 26th September 2022 and thereafter the agreed restoration works (as per the Restoration Scheme approved under condition 11 below) shall be completed no later than 1st of March 2023 or within 6 month of the completion of the infilling works whichever is the sooner

Reason: To comply with the terms of the application and protect local amenity.

2. That except as otherwise be agreed in writing by the Planning Authority or as required by planning condition, the development shall be implemented in accordance with the drawings stamped approved as part of this permission.

Reason: To clarify the drawings on which this approval of permission is founded.

3. That BEFORE any works of any description start on the application site, a scheme of intrusive site investigations in relation to the mineral stability shall be submitted to and approved in writing by the Planning Authority. Depending on the results of the investigations, a detailed Remediation Strategy may be required and this shall be submitted to and approved in writing by the Planning Authority prior to any works being undertaken.

Reason: To ensure the mineral stability of the site.

4. That on completion of any remedial works identified by the intrusive site investigation required under the terms of Condition (3) and before the site is occupied, a certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any such remediation works have been carried out in accordance with the submitted details.

Reason: To ensure the site is free of contamination.

5. That the operations hereby permitted shall be carried out in accordance with the documents approved as part of this permission by Deans Civil Engineering Ltd (dated 18th January 2018) titled ‘Working Plan’ and ‘Old Gartliston Brick Works, Coatbridge Screen and Crusher Working Plan’ unless otherwise agreed in writing by the Planning Authority.

Reason: To define the permission in the interests of the amenity of neighbouring properties.

TRANSPORTATION

6. That BEFORE the development hereby permitted starts; a traffic management plan shall be submitted to, and approved in writing by, the Planning Authority. The plan shall cover HGV movements to and from the site, in terms of routes, timing and frequency of movements including safeguards designed to mitigate the impact of the development on residential amenity, traffic congestion and road safety in the area. For the avoidance of doubt the plan shall include a maximum limit on the number of HGVs in and out of the site per hour. The traffic management plan shall be implemented before works start and adhered to thereafter at all time to the satisfaction of the Planning Authority.

Reason: In the interests of the safety and amenity of properties in close proximity to the vehicular routes.

7. That the passing places along the access track as shown on the plans hereby approved shall be in place before any inert waste importation works commence on site and retained as passing places thereafter to the satisfaction of the Planning Authority.

Reason: To ensure that the necessary road improvements are in place in the interests of road safety.

8. That before the development starts the site access visibility splays shall be formed and thereafter maintained for the life of the development in accordance with the Arup Technical Report dated 9th December 2018 and Drawing ATR-02-I2.

Reason: In the interests of road safety.

9. That BEFORE works start on site a scheme shall be submitted to and agreed in writing by the Planning Authority, including any modifications as may be required, detailing the measures to be taken to ensure that the public road and footways in the vicinity of the site access are kept free of mud and other debris. For the avoidance of doubt this shall include a wheel wash facility.

Reason: In the interests of road safety and the amenity of local residents and road users.

10. That the scheme of measures approved under the terms of condition 9 above shall be implemented upon the commencement of the operations on site and thereafter maintained during the material importation and restoration operations.

Reason: In the interests of road safety and amenity.

RESTORATION AND AFTERCARE

11. Before development begins a detailed restoration scheme (including a programme for implementation) shall be submitted for the written approval of the planning authority. The restoration scheme shall be consistent with the guidance in PAN 64: Reclamation of Surface Mineral Workings (2002). The schemes shall:

a) include details of new habitat creation, to include information about location and size of new habitat areas, species, proposed density of planting, and protection and replacement measures; b) include habitat enhancements for priority species; c) include details of all landscape planting, including the location, size, number and species of trees and shrubs; d) include details of site drainage e) include details of grass seed mixes to be used; and f) include details of phasing and provide that restoration of the site is, so far as reasonably practicable, undertaken concurrently with the phased infilling works. All planting shall comprise of native plants that support local biodiversity and habitat provision. Restoration of the site shall be implemented in accordance with the approved restoration scheme.

All planting shall comprise of native plants that support local biodiversity and habitat provision. Restoration of the site shall be implemented in accordance with the approved restoration scheme.

Reason: To ensure that comprehensive and appropriate restoration of the site is secured.

12. Before development begins a detailed five year aftercare scheme shall be submitted for the written approval of the planning authority. The scheme shall include:

a) details of the steps necessary to reach the standard of approved habitat on the newly restored land, cultivation techniques to be employed, fertilising methods, soil sampling and analysis procedures, watering and drainage methods, weed control systems and any other proposed treatment; and b) an undertaking that any trees, shrubs or areas of grass that die, are removed, damaged, or become diseased within the aftercare period, shall be replaced within the following planting season with others of a similar size and species.

Aftercare of the site shall be implemented in accordance with the approved aftercare scheme.

Reason: To ensure that comprehensive and appropriate restoration of the site is secured.

13. Before 20th September in each year during the aftercare period, a written report of (i) the aftercare operations carried out during the preceding year (or part year), and (ii) the aftercare operations intended to be carried out during the following year (or part year) shall be submitted to the planning authority.

Reason: To ensure effective monitoring of the aftercare of the site.

FINANCIAL GUARANTEE

14. At least one month before development begins a bond or other form of financial guarantee to secure the cost of performance of the Restoration Scheme approved under condition 11 and the aftercare scheme approved under condition 12 shall be submitted for the written approval of the planning authority. No development may commence until the bond or other form of financial guarantee is approved by the planning authority and is in place to the satisfaction of the planning authority. The bond or other form of financial guarantee shall be maintained until the date of completion of all restoration and aftercare obligations. The value of the financial guarantee shall be determined by a suitably qualified independent professional valuer as being sufficient to meet the costs of all outstanding restoration and aftercare obligations. The cost of engaging the independent professional valuer shall be borne by the operator.

Reason: To ensure that there are sufficient funds to secure performance of restoration and aftercare obligations in the event of operator default.

ECOLOGY

15. That none of the trees identified for retention in the supporting documentation hereby approved, shall be lopped, topped, felled, or otherwise affected, without the prior written consent of the Planning Authority.

Reason: To safeguard the amenity of the area

16. That BEFORE the development hereby permitted starts, tree protection measures in accordance with British Standards BS 5837, shall be erected along the drip line of the trees, as identified as being retained in the supporting documentation hereby approved, and shall not be removed without the approval in writing of the Planning Authority.

Reason: To protect trees within the site.

17. That should 12 months or more elapse between the date of the ecological surveys approved as part of this permission, and development commencing, further surveys shall be undertaken on the site to determine the presence of any statutorily protected species, the said survey shall thereafter be submitted to and approved in writing by the Planning Authority before any development commences on the site. As a result of the study, should any remediation measures be required for the relocation or protection of any protected species, these shall be implemented in accordance with a timetable agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site.

Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Amendment (Scotland) Regulations 2007 and the Protection of Badgers Act 1992.

18. That before any demolition works (particularly the removal of the roof) take place on site of building TN7 as identified in the Bat Survey Report by Stuart Spray Wildlife Consultancy dated August 2019 the building will be checked for roosting bats. In the event that bats are identified the works shall not proceed until such times as the authorisation to continue has been obtained from Scottish Natural Heritage

Reason: Although none were evident at the time of the survey the building still has low to moderate potential for roosting bats

OTHER

19. Notwithstanding the details shown on the approved plans, no approval is hereby given for the erection, relocation or alteration to the external appearance of any buildings and plant within the site. Details of such proposed erection, relocation or alteration shall be submitted for the prior written approval of the planning authority.

Reason: To control the siting and external appearance of buildings and plant.

19. Before development begins, details of the proposed surface water drainage scheme for the site shall be submitted for the written approval of the planning authority, in consultation with SEPA. The approved scheme shall, so far as is reasonably practicable, be implemented contemporaneously with the development. Within three months of completion of the surface water drainage scheme, the operator shall submit to the planning authority written confirmation, approved by a suitably qualified professional, that the scheme has been implemented in accordance with the approved details.

Reason: To ensure that the site surface water drainage scheme complies with relevant guidance.

20. Before development begins, details of proposed fencing and gates to be in place for the period of land engineering, shall be submitted for the written approval of the planning authority. The fencing and gates shall be erected in accordance with the approved details and shall be maintained thereafter to the satisfaction of the Planning Authority.

Reason: To ensure effective boundary treatments at the site.

21. Within 6 months of the date of cessation of the infilling works hereby approved, all buildings, fixed equipment, plant and machinery shall be removed from the site.

Reason: To ensure effective restoration of the site

22. That the hours of operation shall be 07:00-17:00 Monday to Friday and 08:00-13:00 on Saturday with no activities on Sundays or Public Holidays. No crushing activities shall take place at the weekend and unless as may otherwise first be agreed in writing by the planning authority the operation of this type of plant would be limited to four days a month

Reason: In the interests of amenity

Background Papers:

Consultation Responses:

Memo from Protective Services received 30th July 2018 Letter from The Coal Authority received 9th July 2018 Memo from Transportation received 4th September 2018 Letter from Scottish Environment Protection Agency (SEPA) received 12th July 2018 Memos from NLC Greenspace received 31st August 2018, 1st August 2019 & 3st August 2019 Letter from Network Rail received 19th July 2018

Contact Information:

Any person wishing to inspect these documents should contact Mr Colin Bradley at 01236 632500

Report Date:

13th September 2019 APPLICATION NO. 18/00409/FUL

REPORT

1. Site Description

1.1 The site is a former brick works extending to approximately 4.5 ha and located immediately to the east of the Coatbridge to Cumbernauld railway line. An existing farm lane allows access to the B804 Glenboig/Coatbridge Road. The closest residential properties to the site are at Ramoan some 200m to the north east. The site is characterised by the remnants of buildings associated with the former operation and stockpiled ash and rubble with some areas naturally regenerating featuring scrub and the site is bounded by scrub, woodland plating and agricultural fields.

2. Proposed Development

2.1 Permission is sought to demolish and remove the existing structures and to import inert waste to fill voids and create natural gradients on site to be planted for grazing purposes. Part of this operation will involve a temporary recycling operation whereby some of the inert stone materials will be crushed and reused elsewhere. It is anticipated that the operation will last 3 years. For the duration of these operations a temporary site office will be in place with staff welfare facilities, a crusher and potentially a weighbridge depending on licensing requirements from SEPA.

2.2 The maximum volume of inert waste will be 200,000 tonnes of which the applicant intends on using 70,000 for restoration purposes. Hours of operation proposed are 0700-1700 Monday to Friday and 0800-1300 on Saturday with no activities proposed on Sundays. No crushing activities are proposed at the weekend and the operation of this type of plant would be limited to four days a month.

3. Applicant’s Supporting Information

3.1 The applicant has submitted the following information in support of the development:

 Noise Impact Assessment  Crusher Management Plan  Habitat Survey  PAC Report  Transport Statement  Coal Risk Assessment

4. Site History

4.1 Planning application 01/00296/FUL for a similar development was submitted to committee on the 12th December 2001. The committee was minded to grant permission subject to a section 75 agreement covering a restoration bond for the site. The application was subsequently taken back to committee on the 9th December 2009 and a refusal was issued due to it not being possible to conclude the required restoration bond.

4.2 A proposal of Application Notice (ref: 17/01641/PAN) and request for screening opinion (16/01991/EIASCR) were both received for this development.

5. Development Plan

5.1 The site is zoned as NBE 3A (Green Belt) in the North Lanarkshire Local Plan 2012.

6. Consultations a. The following consultees raised no objections:

 Greenspace subject to conditions  Protective Services  SEPA  Network Rail subject to conditions or advisory notes in relation to carrying out works in the vicinity of the rail line.  The Coal Authority subject to an intrusive site investigation and remediation strategy.

6.2 NLC Traffic & Transportation object to the proposed development because of access visibility, in ability to enforce the applicant’s traffic management plan and the fact that the applicant is not proposing wheel cleaning facilities on site.

7. Representations a. Following the neighbour notification and press advertisement no representations were received.

8. Planning Assessment a. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the relevant development plan unless material considerations indicate otherwise. It is considered that the proposal raises no issues of a strategic nature in terms of the Glasgow and the Clyde Valley Strategic Development Plan (SDP). As such, it can therefore be assessed in terms of the local plan policies. The site is zoned under NBE 3A (Green Belt). Policy DSP 4 (Quality of Development) and EDI 3C (Waste Development) are also relevant along with Supplementary Planning Guidance 7 (Assessing Development in the Green Belt) and 10 (Waste).

Development Plan b. The Greenbelt policy NBE 3A and associated guidance (SPG 7) seeks to protect and enhance the countryside character of sites like this by restricting inappropriate uses whilst

8.3 Policy EDI 3C is supportive of infilling proposals in areas of degraded land and the associated guidance (SPG 10) also supports waste disposal as a means of remediating or enhancing damaged sites subject to assessment against key factors including environmental impact (considered below) and a confirmed commitment by the applicant to provide a financial bond to cover site monitoring during development works, restoration and aftercare.

8.4 Policy DSP 4 requires consideration to be given to the existing site and its context and take account of the impact of proposals upon the amenity of surrounding properties in terms of noise and disturbance but also taking account of other environmental factors such as drainage, transportation, ecology and the impact of such developments on the landscape.

8.5 The rationale behind this proposal is to restore the site to agricultural use. The demolition and removal of ash and structures and subsequent infilling is an initial part of the wider restoration of the site and will be an important means of creating more natural contours. The later stages of the restoration will include planting and biodiversity enhancements that will be compatible with the area.

8.6 With regards to Traffic and Transportation, and specifically to access and egress from the site, visibility splays of 4.5m X 60m to both the Easterly and Western directions were recommended. The applicant submitted a report detailing why the recommended visibility splay was not required. This report advises that a visibility splay of distance of 43m to the west is achievable, when measured 2.5m back from the edge of the public carriageway. It should be noted that there are a series of measures to the west which control the speed of traffic in this area including a three way traffic light system and as such, vehicular movements shall not be at excessive speeds. Further to this the proposed access egress is located some 275m within the 30 mph zone when arriving from an easterly direction and as such the vehicles using this area shall not be travelling at excessive speeds. Visibility splays of 86m is available when looking in an easterly direction and this is considered to be adequate for the provision of safe access / egress to the site. It is also noted that there was previous committee approval in principle for the development and the wider benefits of the proposed works is also a consideration.

8.6 In terms of vehicular movements it is unavoidable that those associated with the infilling works will cause a degree of disturbance to residents on the main routes where the traffic will take access from. The traffic associated with the infilling works will therefore have an impact in terms of congestion on the road network and amenity for motorists, pedestrians and particularly for those residents in closest proximity to the routes. The nature and scale of this has been carefully considered along with the advice of Transportation and Protective Services. With regards to the concerns of Traffic and Transportation this site previously had a committee decision to grant planning permission (this was later reported back to committee and refused because the restoration bond legal agreement was not concluded – see below this matter can now be covered by planning condition). As indicated above the applicant has submitted an access visibility report and given the location of the access close to a traffic light controlled junction the access improvements that can be achieved by the applicant are considered acceptable in this instance. The applicant also proposed a traffic management plan and it is agreed that this is not possible to enforce albeit they may instigate this of their own accord. Whilst the applicant is arguing that a wheel cleaning facility is not required due to the length of the access road a condition is recommended requiring one be installed. Whilst conditions are proposed that will seek to minimise the impact it is acknowledged that there may be temporary disturbance as a result of the infilling works. However, on balance, the proposal is considered to be acceptable as the works are necessary to facilitate the regeneration of this site and to address the public safety issues currently associated with this site. The use proposed is one that is appropriate for a rural setting and would not raise any issues taking into account that the nearest residents are some 200 metres away.

8.7 The Council’s bond policy is also relevant for land engineering operations of this nature. Historically, section 75 legal agreements have been the preferred method of delivering restoration bonds and ensuring that any adverse impact that may arise in the event of operator failure could be suitably mitigated however the policy advocates a flexible approach when appropriate. Recent decisions have secured a bond via planning condition and the applicant has confirmed that they would be agreeable to the imposition of a condition. On this basis it is agreed that a condition would suffice in the circumstances.

8.8 Taking the above into account, and that the applicant has committed to providing a financial bond to secure the restoration of this site, it is considered that the proposal accords with NBE 3A, NBE 1 A4a, EDI 3C, DSP 4, SPG 7 and 10 subject to conditions.

Consultations

8.9 In response to the Coal Authority’s comments conditions are recommended to secure an intrusive site investigation and appropriate remediation strategy.

9. Conclusions

9.1 In conclusion, following detailed assessment of the application, it is considered that the proposed development is acceptable when assessed against the relevant policies of the North Lanarkshire Local Plan. No objections were received and it is recommended that planning permission be granted subject to conditions.

Application No: Proposed Development:

18/00643/FUL Proposed Development of 23 no. Detached 2-Storey Residential Units, 4 no. House Types.

Site Address:

Harrison Field Ltd Martyn Street Cairnhill Airdrie

Date Registered:

27th April 2018

Applicant: Agent: P McKernan Construction Ltd Enspire Architects Ltd North Muirhead Farm Office 29, Alloa Business Ctr Dullatur Road Whins Rd Dullatur Alloa UK Clackmannanshire G68 0AS FK10 3SA

Application Level: Contrary to Development Plan: Local Application Yes

Ward: Representations: 09 Airdrie Central 3 letter(s) of representation received. Trevor Douglas, James Logue, Nancy Pettigrew, David Stocks,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

Although not allocated for housing in the Local Plan the use of this site for residential purposes is considered acceptable in planning terms and will enhance the surrounding area.

Note to committee: If Committee is minded to grant planning permission then a Legal Agreement requires to be satisfactorily concluded in relation to an Education contribution before any Planning Permission is issued.

Reproduced by permission of Planning Application: 18/00643/FUL the Ordnance Survey on Name (of applicant): P McKernan behalf of HMSO. © Crown Copyright and database right Construction Ltd 2009. All rights reserved. Site Address: Harrison Field Ltd Ordnance Survey Licence Martyn Street number 100023396. Cairnhill Airdrie North Lanarkshire Development: Proposed Development of 23 no. Detached 2-Storey Residential Units, 4 no. House Types.

Proposed Conditions:-

1. That the development hereby permitted shall be carried out strictly in accordance with the approved details submitted as part of the application and no change to those details shall be made without prior written approval of the Planning Authority. For the avoidance of doubt the revised drawings approved include: 1338 PL02K, 1338/PL03, 04, 05, 06 and House Type C2 Revised side elevation, 1338 PL07, 1338 PL08, 1338 PL09, EC22219-16-011, EC22219-16-012, EC22219-16-012A.

Reason: To clarify the drawings on which this approval of permission is founded.

2. That BEFORE the development hereby permitted starts, a scheme of landscaping for all landscaped areas and all boundary treatments including the feature wall on the southern boundary at Victoria Place, the access entrance feature wall on Martyn Street, 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. For the avoidance of doubt the landscape scheme shall include native species and include tree and hedgerow planting along the western and southern boundaries. (c) A timetable for the completion of these works contemporaneously with the development.

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

3. That before the development hereby permitted is brought into use, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 2 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of completion of the development, shall be replaced within the following year with others of a similar size and species.

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

4. 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 grassed, planted and landscaped areas; (b) any communal fences and walls;

Reason: To ensure the maintenance of the landscaping scheme in the interest of amenity.

5. That BEFORE completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 4 shall be in operation.

Reason: To ensure there is an adequate landscape maintenance scheme in place.

6. That before the development hereby permitted starts a comprehensive site investigation requires to be submitted for the proposed residential development to the satisfaction of the Local Authority. This investigation must be carried out in accordance with the British Standard Code of Practice BS 10175: 2011 "The Investigation of Potentially Contaminated Sites". The report must include a site specific risk assessment of all relevant pollution linkages, be carried out in accordance with the Environment Agency publication Model Procedures for the Management of Land Contamination CLR11, and be submitted in both hard copy and electronic format. Depending on the results of this investigation a detailed remediation strategy or gas control measures may be required. Before development begins any remediation work required must be completed and verification provided by the developer to the satisfaction of the Local Authority.

Reason: To ensure that the site is free of contamination in the interests of the environmental amenity of the area.

7. That any remediation works identified by the report agreed in terms of Condition 6 above shall be carried out in accordance with an implementation timetable. This timetable shall be agreed in writing with the Planning Authority before any works start on site. No individual dwelling shall be occupied until a certificate (signed by a suitable qualified Environmental Engineer) has been submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the agreed Remediation Strategy.

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

8. That prior to the commencement of development, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water can be fully met to demonstrate that the development will not have an impact on their assets, and that suitable infrastructure can be put in place to support the development.

Reason: To ensure the provision of satisfactory drainage arrangements.

9. That before the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority; full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer as complying with the most recent SEPA SUDS guidance.

Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.

10. That the SUDS compliant surface water drainage scheme approved in terms of Condition 9 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant CIRIA Manual and the approved plans.

Reason: To safeguard adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.

11. That before the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority and the development shall be completed in accordance with the approved details.

Reason: In the interests of amenity and design by ensuring that external materials are appropriate for the site.

Background Papers:

Consultation Responses:

The Coal Authority received 11/05/18 and 9/08/18 and 04/07/19. Scottish Water received 02/05/18 & 26/06/19. Scottish Environment Protection Agency received 30/04/18 & 26/06/19. NLC Protective Services (including Pollution Control) received 03/05/18, 13/05/18 & 25/07/19. NLC Education received 25/10/18. NLC Traffic & Transportation received 21/06/18, 21/09/18, 12/11/18 and 06/09/2019.

Contact Information:

Any person wishing to inspect these documents should contact Ms Shahida Bashir at 01236 632500

Report Date: 13th September 2019 APPLICATION NO. 18/00643/FUL

REPORT

1. Background & Site Description

1.1 A previous version of this proposal had previously been put forward to Committee on the 13th of December 2018, and it was agreed that planning permission should be granted subject to a legal agreement relating to education contributions. During the drafting of the legal agreement the applicant requested further amendments be made to the proposed plans including altering the access point into the site (originally from the southern side of Martyn Street but now the northern side), adding an additional house (increasing the number of dwellings from 22 to 23), changes to the retaining structure on Victoria Place and other changes to the housing layout. Following the submission of these revised plans the application has had to be re-neighbour notified, re-advertised, re-consulted and again to be decided by Committee.

1.2 This application now seeks consent for the development of 23 detached dwellings on the site of the former Harrison Field textile factory at Martyn Street in Airdrie. The factory building has been demolished and the site cleared. The site is bounded to the north by Kippen Street, to the south by Victoria Place, to the west by a call centre and to the east by Martyn Street, which also serves as the vehicular access point.

1.3 The site is rectangular in shape, covering approximately 9,914 square metres and forms a relatively flat platform which sits approximately 1.5 metres below Martyn Street and approximately 2 metres above the call centre site to the west. The site lies in a predominantly residential area with the exception of the call centre. Five storey flats lie beyond the northern boundary on the northern side of Kippen Street, mature trees and planting run along and out with the western boundary of the site forming a buffer between the site and the call centre to the west. A mixture of traditional and modern 1 and 2 storey dwellings run along the eastern side of Martyn Street with relatively recent 2 storey residential developments to the south of the site.

2. Proposed Development

2.1 The proposed development is for the construction of 23, 2 storey detached, 4 bedroom dwellinghouses to be accessed from Martyn Street, approximately a 100 metres from the roundabout at the junction of Victoria Place and Martyn Street. The proposed layout will have all the dwellings facing into the site. The proposed dwellings are to be served by a meandering central access road and turning area with associated visitor parking bays which complies with the principles of Designing Streets. Due to the change in levels on the western boundary of the site a crib wall retaining structure is proposed for the southwestern boundary rear of plot 14 and 15.

2.2 The proposed dwellings are traditionally proportioned with dual-pitched roofs and finished in a mixture of off-white roughcast, red facing brick grey roof tiles. The proposed windows are traditionally detailed. A variety of house types are proposed with the same palette of materials and all with integral garages.

3. Applicant’s Supporting Information

3.1 A Planning and Design Statement has been submitted in support of the original proposal and more recently a Street Engineering Review (revised Layout). The statement puts forward that the proposal is a beneficial re-use of a brownfield former factory site. Also that the sympathetic design of the layout and house types will enhance the surrounding residential area.

The proposed street layout has been amended since the original submission to address engineering and retaining wall issues that became apparent after the original approval which was subject to a legal agreement of the original submission. Also, due to the change in layout it was discovered that an additional house could be added to the proposal.

4. Site History

4.1 The site was formerly occupied by Bannerman’s shirt factory and then by Harrison Field Textile factory before its closure and the demolition of the factory. As stated earlier within this report, this application is an amendment to that previously approved subject to a legal agreement.

5. Development Plan

5.1 The site is zoned for industry, Policy EDI A1 in the North Lanarkshire Local plan which reflects upon its previous use. However, the site is identified as a residential development site in the emerging local plan which reflects the transitional nature of the site and surrounding area going from industrial to residential uses. The emerging Local Plan identifies the site within the General Urban Area where residential development is acceptable in principle.

6. Consultations

6.1 The Coal Authority originally objected to the proposal but withdrew their objection on the basis of the findings of the Coal Mining Risk Assessment that was submitted.

6.2 Scottish Water has expressed no objections to the proposal and standard comments were received by SEPA.

6.3 NLC Protective Services (including Pollution Control) has recommended that a comprehensive site investigation and any identified remediation is carried out prior to commencement of construction works. Protective Services also confirmed that no Noise Impact Assessment is required as the adjoining premises is a call centre that would not generate industrial type noise.

6.4 NLC Education has requested that a developer contribution of £52,618.26 is made, which would be facilitated through a Legal Agreement, in order to alleviate capacity pressures within the catchment area in terms of both denominational and non-denominational primary schools. The applicant has agreed to make this contribution through the completion of a Legal Agreement (which is ongoing).

6.5 NLC Traffic & Transportation has confirmed that the final amended layout and associated Street Engineering Report are acceptable subject to conditions in terms of road safety, design, and final adoption.

7. Representations

7.1 Three letters of objection have been received on time from a nearby resident. The first letter of objection related to the original proposal on the grounds that the proposed vehicular access to the site is too near to the roundabout to the south (this concern is no longer relevant due to the revised access into the site) and also that the houses proposed sited onto Martyn Street will require regrading level work which would generate heavy lorry traffic and cause parking problems for existing residents and there is no provision for play areas within the site and also the development of the site will result in a loss of a dog walking site. The objector also expressed concerns regarding noise and disruption caused by construction activity. The second letter received due to the re- neighbour notification process (required for the amended proposal) does not state an objection however, relates to the possibility of a further objection at a later stage. The third letter then received requests for a personal representation at committee and highlights safety concerns in relation to the new access.

8. Planning Assessment

8.1 Under the terms of Section 25 of the Town and Country Planning (Scotland) Act1997, Planning Authorities are required that in determining planning application proposals, where regard is to be had to the Development Plan, determination should be in accordance with this Plan unless material considerations indicate otherwise. In this instance there are no strategic implications and the application will therefore be considered in relation to Local Plan Policy. Therefore the proposal requires to be determined under the terms of the North Lanarkshire Local Plan and any other material considerations.

8.2 Although the application site is not zoned within an established residential area, the principle of residential development is considered to be acceptable. The site is industrially zoned within the North Lanarkshire Local Plan reflecting upon the former factory operation which previously occupied the site. However, in the Council’s emerging Local Development Plan the site is identified as being within General Urban Area where residential development is acceptable in principle.

8.3 In this case, the proposed residential development is considered to be appropriate to the surrounding residential area provided that it does not significantly impact on existing residential amenity. In this context, it leaves the proposal to be assessed against policies DSP 3, Impact of Development and Policy DSP 4, Quality of Development in the North Lanarkshire Local Plan requires.

8.4 In relation to DSP3 (Impact on Infrastructure) it is considered that there are no significant issues with regard to the potential impact of the proposal on existing infrastructure. In particular with regard to Education provision, it is considered that this can be addressed through the appropriate legal agreement.

8.5 With regard to DSP4 (Quality of Development) an assessment has to be made. With regards to the proposed layout, it is considered that the proposed layout complies with Council’s space standards for residential development. It is further considered that the layout is acceptable in terms of there being no potential amenity issues such as privacy/overlooking, adequate parking and reasonable amenity planting around the southern and western boundaries. In terms of design, the proposed dwellings are of a similar design to surrounding dwellings and the overall layout, as amended, complies with council standards and is acceptable in terms of complying with the principles of ‘Designing Streets’. Also, with regards to the retaining crib wall located to the rear of plots 14 and 15, there was a concern that this naturally elevated section of the site with the installation of the crib wall (2.1m above ground level) and 1.8m high fence onto it, would result in it becoming over dominant, over bearing and out of character with the rest of the area. A landscaping scheme has therefore been agreed with the developer to soften this corner and to create a more welcoming, natural landscaped corner feature. Taking all the above into consideration, the layout is of a quality that will enhance the surrounding residential amenity and the development would remove an unsightly derelict/brownfield site and further enhance the visual amenity of the surrounding residential area.

8.6 With regard to the points of objection, these can be addressed as follows:-

 The houses proposed onto Martyn Street will require regrading levels work which would generate heavy lorry traffic and cause parking problems for existing residents.

Response – It is recognised that some regrading works will be required which will form part of general construction activity, which is regulated through separate Public safety/Environmental Health legislation.

 No provision for play areas within the site.

Response – The development is not of a scale that would merit such provision.

 The development of the site will result in a loss of a dog walking site.

Response – This was an informal unauthorised activity and there are adequate alternative and safer walking options available within the locality.

 Concerns regarding noise and disruption caused by construction activity.

Response – As previously stated, construction activity, is regulated to sociable acceptable limits through separate Public safety/Environmental Health legislation.

 Wish to make a personal representation in front of the Planning Committee.

Response – The objector has been advised that in this particular case a request for a hearing does not meet the approved council criteria to warrant a hearing.

 New access into site unacceptable. New entrance would be a few metres from a T junction and at the top of a steep hill. Unsafe and dangerous.

Response – Roads have been consulted and have not objected.

9. Conclusions

9.1 It is therefore considered for the above reasons that the proposed development as amended is acceptable in policy terms and will enhance the residential amenity of the surrounding area. This application is therefore recommended for approval subject to the imposition of appropriate planning conditions and the satisfactory conclusion of the required legal agreement.

9.2 If minded to grant, planning permission should not be issued until the required legal agreement covering education contributions has been concluded.

Application No: Proposed Development:

18/01440/FUL Residential development (8 Dwellings and 8 flatted dwellings)

Site Address:

Site At Bon Accord Crescent Dykehead Shotts

Date Registered:

23rd October 2018

Applicant: Agent: NLC Enterprise And Housing New Supply Coltart Earley Fleming House 11 Clairmont Gardens 2 Tryst Road Glasgow Cumbernauld United Kingdom United Kingdom G3 7LW G67 1JW

Application Level: Contrary to Development Plan: Local Application yes

Ward: Representations: 13 Fortissat 2 letters of representation received. Thomas Cochrane, Martin McCulloch, Kenneth Stevenson, Clare Quigley,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed residential development being a community facility does not form part of the strategic housing land supply (as set out in policy HCF2 ‘Promoting Housing Development and Community Facilities’), reference to Criterion B: ‘a Potential addition to planned land supplies’ is relevant. That said policy DSP2 states that new development may be granted where consistent with locational criteria. The function of the site in this case relates to criteria (1) urban regeneration which aims to use brown field urban land infrastructure and services, as such, complies with the relevant policy of the adopted Local Plan. In terms of design it is considered that the development would integrate satisfactorily with the surrounding area and not result in significant adverse impact on established residential amenity.

Reproduced by permission of Planning Application: 18/01440/FUL the Ordnance Survey on Name (of applicant): NLC Enterprise And behalf of HMSO. © Crown Copyright and database right Housing New Supply 2009. All rights reserved. Site Address: Site At Ordnance Survey Licence Bon Accord Crescent number 100023396. Dykehead Shotts North Lanarkshire Development: Residential development (8 Dwellings and 8 flatted dwellings)

Proposed Conditions:-

1 That the development hereby permitted shall be carried out strictly in accordance with the approved details submitted as part of the application and no change to those details shall be made without prior written approval of the Planning Authority. For the avoidance of doubt drawings include: L (90)100C, L (21)001RevB, L20 100B, L (21) 002 B, L (21) 003 B, L (21) 004 B, L (21) 005 B and L (90)100C.

Reason: To clarify the drawings on which this approval of permission is founded.

2. That BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition.

Reason: To enable the Planning Authority to consider these aspects, in order to ensure that materials are visually acceptable in a local context.

3. That BEFORE the development hereby permitted starts, a scheme of landscaping for all landscaped areas and all boundary treatments, 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. For the avoidance of doubt this scheme shall include structure planting along the west boundary of the site. (c) A timetable for the completion of these works contemporaneously with the development.

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

4. That before the development hereby permitted is brought into use, 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 completion of the development, shall be replaced within the following year with others of a similar size and species.

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

5. That prior to any works being commenced on site, the points identified within the conclusions and recommendations section of the Peer Review of the Site Investigation Reports Bon Accord Crescent, Shotts- Desk Study. Grontmij Limited, dated October 2015 (Ref.116928/JAS/110915), ‘Geo- environmental Ground Investigation Factual Report- Bon Accord Crescent, Shotts. RPS Group Limited, Dated May 2018 (Ref. JER1347 Bon Accord Crescent Shotts Final_ Factual Report_JG) & Geo-environmental Ground Investigation interpretive Report- Bon Accord Crescent, Shotts. RPS Group Limited, Dated May 2018 (Ref. JER1347 NLC Bon Accord Crescent Shotts Final interp _JG_180513 RC Issue)’ shall be addressed and submitted to the Planning Authority for written authorisation.

Reason: To ensure the site is free of contamination in the interests of the amenity of future occupants

6. That any remediation works identified by the report agreed in terms of Condition 5 above shall be carried out in accordance with an implementation timetable. This timetable shall be agreed in writing with the Planning Authority before any works start on site. No individual dwelling or flat shall be occupied until a certificate (signed by a chartered Environmental Engineer) has been submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the agreed Remediation Strategy.

Reason: To ensure that any remediation identified has been implemented in the interests of the amenity and wellbeing of future residents.

Reason: To ensure the site is free of contamination in the interests of the amenity of future occupants.

7. That prior to the commencement of development, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water can be fully met to demonstrate that the development will not have an impact on their assets, and that suitable infrastructure can be put in place to support the development.

Reason: To ensure the provision of satisfactory drainage arrangements.

8. That before the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority; full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer as complying with the most recent SEPA SUDS guidance.

Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.

9. That the SUDS compliant surface water drainage scheme approved in terms of Condition 8 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant CIRIA Manual and the approved plans.

Reason: To safeguard adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site

10. That prior to the commencement of any works, a full site specific Peat Management Plan, including further survey with regards to how the construction may impact the hydrology of this peat habitat, shall be submitted to and approved in writing by the Planning Authority (in consultation with SEPA) and thereafter all work shall be carried out in accordance with the approved plan. For the avoidance of doubt this shall include the following:

Details of working practises for the removal and storage of peat on site; Details of reuse of peat on site; Details of the removal of peat from the site; Details of the quality of peat on site; Details on the interaction of the Peat Management Plan and Habitat Management Plan. A timetable schedule of the management of the Peat Management Plan. Survey details on how construction may impact the hydrology of this peat habitat, for the avoidance of doubt the survey and submitted details shall be undertaken by a suitably qualified hydrologist and provide input into a Peat Protection Plan.

Reason: To ensure that the peat habitat is not significantly affected by this development.

Background Papers:

Consultation Responses:

Protective services memorandum received 30th October 2018 and 9th November 2018 Coal Authority letter received 24th October 2018 Traffic & Transportation memorandum received 27th July 2019 NLC Greenspace (ecology) memorandum received 8th February and 18th February 2019 Scottish Environment Protection Agency letter received 11th December 2018 Scottish Water letter received 2nd November 2018. Scottish Power Environmental Planning letter received 26th October 2018 Scottish Gas Network leter received 23rd October 2018 Education memorandum received 5th November 2018 SportScotland letter received 24th October 2018

Contact Information:

Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01236 632500

Report Date:

12th September 2019 APPLICATION NO. 18/01440/FUL

REPORT

1. Site Description

1.1 This application seeks planning permission for the construction of a residential development on an area of public open space within the wider established residential area, Bon Accord Crescent, Dykehead. To the North the site is bounded by this open space and to the south and east by two storey dwellings and to the north by this extended area of open space. An area of peatland extends along the west boundary to the north. The site is traversed by informal pathways and bounded by trees and shrubs on three sides and existing garden ground to the south on Bon Accord Crescent.

2. Proposed Development

2.1 The applicant has revised his initial submission for 19 dwellings and now proposes 16 units. The proposed dwellings vary from single to two storeys with the flats arranged in blocks of four. The layout is formed around a single access road on to Bon Accord Crescent, Shotts. The applicant proposes a mix of 7 house types arranged in 5 blocks over the site including the following:

o 6 two storey terraced dwellings. o 1 single storey detached dwelling o 1 single storey end terrace dwelling o 8 flatted dwellings arranged over two storey in two blocks of four flats.

2.2 All the above house types will have dual pitched roofs and be finished in a mix of concrete roof tiles and light facing brick.

2.3 Blocks 2 to 5 will have their principle elevations facing north onto a parking court and open space beyond. Block 1 a terraced arrangement of 4 units will have a principle elevation on to Bon Accord Crescent following the existing building line. Parking will be to the rear in a parking court arrangement. The development layout is arranged around a central access road leading to both parking courts. Each block conjoined house types of which there are 5 will have their own garden amenity ground, dedicated parking and refuse arrangement. The site is connected to the wider footway network to the north, and south boundary. There are intermittent small areas of open space for landscaping.

2.4 For information purposes, it is noted that this application is made by North Lanarkshire Council and is exclusively new Local Authority housing.

3. Applicant’s Supporting Information

3.1 The applicant submitted the following information in support of the application:

o Site investigation Geo-environmental ground investigation (including coal mining risk assessment)

o Ecology survey

o Hydrological assessment

4. Site History

4.1 As the site was an open space area within an established residential area there is no recent or significant planning history associated with it.

5. Development Plan

5.1 North Lanarkshire Local Plan

The application site is located within an area covered by policy HCF 1B (Community Facilities) in the North Lanarkshire Local Plan. This policy seeks to protect existing residential areas and by a presumption against developments or land uses which would be detrimental to residential amenity. Development strategy policies DSP 1 to 4 are also relevant and considered in detail in the Planning Assessment Section below.

6. Consultations

6.1 The following consultation responses have been received:

Scottish Environment Protection Agency (SEPA) initially identified the site as being at risk from flooding. Initial objection was latterly removed following clarification on submitted information. As such SEPA does not object to the development proposal.

NLC Traffic and Transportation: Transportation has no objection to the proposal subject to a number of recommendations relating to road junction, footway crossing, and sightlines and parking provision. The submitted plan demonstrates an arrangement which has considered these recommendations and is therefore accepted.

NLC Greenspace: An Ecological Constraints Survey was undertaken on this site in November 2018. Greenspace Development are satisfied with the survey and ask that all the below recommendations within the survey report are taken forward. In particular that all peatland habitat is retained and maintained within the site and surrounding area, as such, further survey effort with regards to how the construction may impact the hydrology of this habitat is recommended by a suitably qualified hydrologist and should be the subject of planning condition also providing input into a Peat Protection Plan.

NLC Protective Services raise no objection to the application and have provided comments on potential impact during the construction phase from (noise, dust and nuisance). The applicant has submitted a site investigation reports:

‘Bon Accord Crescent, Shotts – Desk Study’ Grontmij Ltd dated October, 2015 (Reference 116928/JAS/110915)

‘Geo-environmental Ground Investigation Factual Report – Bon Accord Crescent, Shotts’ RPS dated May, 2018 (Ref 180209 R JER 1347

‘Geo-environmental Ground Investigation Interpretive Report – Bon Accord Crescent, Shotts’ RPS dated May, 2018 (Ref JER 1347)

The full peer review report comments was received. The outstanding issues raised in the peer review report, in particular the significant issue raised in relation to the potential ground gas risk associated with the proposed development, requires to be addressed prior to any development taking place .It is recommended in order to progress this application that a condition is attached addressing potential remediation arising from ground investigation works.

Coal Authority: The site falls within a Coal Authority Zone 1 within the development high risk area and following consultation note that the application is supported by a Geo-Environmental Ground Investigation Report, ref JER1347 (dated May 2018) prepared by RPS this report has been undertaken for the full extent of development taking place at Bon Accord Crescent; not just for this particular phase of development. However ground investigations in the form of rotary boreholes have been undertaken in order to confirm the ground geology to the south of the geological fault found present within the northern part of this site. The Coal Authority confirm that nature and extent of these investigations were in agreement with the Coal Authority’s Licensing and Permitting Department under permit ref: 15188.The Coal Authority therefore raises no objections to this particular phase of the development.

NLC Education: The proposed development lies with the catchment area of Dykehead Primary and St Patrick’s Primary schools in Shotts. Pupils from these schools normally transfer to Calderhead High and St Aidan’s High schools for secondary provision. This Service anticipated that the schools in this area have sufficient capacity to accommodate the pupil yield from this proposed development. We would not therefore raise any objection or request a developer contribution in relation to this application.

Scottish Water: Has no objection and provided comment on their infrastructure capacity.

Scottish Power: Has no objection and provided comment on their infrastructure (overhead lines).

Scotland Gas Networks: provided information on infrastructure location.

7. Representations

7.1 Following the standard neighbour notification process two letters of representation were received one supporting the principle of the development but suggesting design changes. The content of the other objection is summarised as follows:

7.2 Availability of reports, antisocial behaviour, street lighting detail, presence of invasive species, construction traffic impact, construction impact on public transport, impact from construction debris, existing standard of public road, deterioration of public road surface, pluvial flooding resulting from localised flooding. Layout design and vehicle tracking should be in accordance with adopted design policy and standards. Increase local on street parking, proposed design improvements, construction worker short term on street parking, and impact on local ecology.

8. Planning Assessment a. This application seeks planning permission for the construction of 16 residential units within an established residential area. b. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the relevant development plan unless material considerations indicate otherwise. The application raises no strategic issues and therefore it can be assessed in terms of local plan policy below. c. Development Plan:

The Development Plan consists of the Clydeplan Strategic Development Plan 2017 and the North Lanarkshire Local Plan. The application is not of strategic significance by virtue of Schedule 14 due to the site area and location. The principle policy designation of the site in the adopted Local Plan protects the site as a Community Facility. d. North Lanarkshire local plan

Policy HCF 1B1 Community Facilities applies to this site where the Council will maintain community wellbeing in residential areas by protecting those community facilities shown on the proposals map. Considerations include the impact of the proposal on the character and visual amenity of the area. In considering policy HCF 1 B1 (Community Facilities) it is noted that the policy seeks to maintain community well-being in residential areas by protecting those community facilities shown on the proposals map. The proposal to develop this community facility for residential purposes does not accord with the principle policy, as such is contrary to the Local Plan. That said Development Strategy Area Policies (DSAP) merit consideration.

8.5 Policy DSP1 ‘Amount of Development’ becomes important in considering a potential addition to the supply of housing land, Criterion B Potential Additions to Planned Land Supplies due to the Community Facility status of the site. Additions to housing land supplies greater than 10 units on greenfield or non- urban brownfield locations outside identified sites require to be justified by demand assessments. Given the current position of the development plan, it follows that this proposal represents an addition to the planned land supply requiring locational assessment under DSP2 ‘Location of Development’ (1) urban regeneration and whether the development would impact significantly on the function of the site.

8.6 Policy DSP2 ‘Location of Development’ further considers the strategic approach to development locations. The site being a community facility does not form part of the strategic housing land supply (as set out in policy HCF2 ‘Promoting Housing Development and Community Facilities’), reference to Criterion B: ‘a Potential addition to planned land supplies’ is relevant. This states that new development may be granted where consistent with locational criteria. The function of the site in this case relates to criteria (1) urban regeneration which aims to use brown field urban land infrastructure and services. The proposal seeks to regenerate this derelict site by providing housing which has a sustainable location, as such cannot reasonably be considered inconsistent with Policy DSP2.

8.7 Policy DSP3 (Impact of Development) assesses proposals in terms of their impact on the economic, social and environmental infrastructure of the Community. No significant impacts were identified through the consultation process. In that respect the proposal complies with the principle of policy DSP3.

8.8 Policy DSP 4 Quality of Development considers more development site specific impacts, and provides a range of assessment criteria set out below which are addressed in turn below:

8.9 Part 3(a) of the policy considers Siting, Overall Layout, density, form, scale, height, massing, proportion, detailing, colour, materials and landscaped space and Part 3(f) integrating successfully into the local area and avoiding harm to the neighbouring amenity. For the purposes of this report parts 3(a) and (f) have been considered together as they are so closely linked in terms of the overall assessment.

8.10 The proposed single and 2 storey dwellings do not represent a significant departure from existing dwellings immediately adjacent on the site boundary. As such, will not have a significant impact on existing townscape and may be seen as positive in the context of the wider significant regeneration benefits. On balance therefore the wider townscape impacts of the development are considered to be within acceptable limits due to the design of the proposed dwellings and the materials proposed. It is also acknowledged that the overall build footprint within the site continues to fall within acceptable limits.

8.11 The dwellings are a mix of semi-detached and terraced dwellings (single and two storeys) comprise of dual pitched roofs throughout with sections of the two storey blocks punctuated by changes in ridge height. The windows are designed to maximise solar gain and provide passive surveillance to the parking courtyard and communal landscaped areas. The blocks are arranged around a parking court and building arrangement ensures that there is no loss of residential amenity in terms of privacy, overlooking or loss of sunlight /day light.

8.12 Given the foregoing it is therefore considered that design and layout of the development is acceptable and satisfactorily integrates with the surrounding area.

8.13 In considering open space, the document Developer’s Guide to Open Space minimum space around dwellings guidance requires that gardens are of an acceptable dimension. It is acknowledged that the layout accommodates a reasonable level of garden ground which will be enhanced by an improved landscape design.

8.14 The initial layout drawing demonstrates that both soft and hard landscaping requires further detailed consideration. Given the importance of the landscaping in both framing and enhancing this development it is considered that a condition requiring the submission of a detailed landscaping scheme should be placed on any approval in order to provide the required detail.

8.15 The applicants drawing L(90)100 Rev C indicates a level of fence detail which is generally acceptable however it is recommended that final detail is required. A condition covering this additional boundary detail is recommended.

8.16 In considering part 3(b) of the policy which looks at whether the proposal provides a safe inclusive convenient and welcoming development which has attractive pedestrian links, integrates with public transport, wider links and assesses the access for cars and appropriate car parking, it is considered that the proposal complies with this part of the policy.

8.17 In considering Part 3(d) of the policy mitigating potential air quality, noise or pollution impacts, and no significant impact is anticipated with the completed development by virtue of the scale and type of development. It is acknowledged that there will be noise associated with construction works; however, this impact will be temporary in nature with the completed development constituting of everyday noise associated with any residential development. It is considered that the proposal complies with this part of the policy.

8.18 In considering drainage strategy a planning condition shall be placed on the consent requiring the implementation of the scheme to be agreed with Scottish Water, and signed off by a chartered engineer as complying with SEPA’s guidance on suds, on completion of drainage works. As such the proposal complies with Part 3(e) Protecting Water bodies and SUDS/Drainage.

8.19 Given the foregoing, the design and layout is considered to accord with policy DSP 4 in the North Lanarkshire Local Plan.

Other material considerations:

8.20 Scottish Planning Policy (SPP) Paragraph 205, states that “Where peat and other carbon rich soils are present, applicants should access the likely effects of development on carbon dioxide emissions, (CO2). Where peatland is drained or otherwise disturbed, there is liable to be a release of CO2 to the atmosphere. Development should aim to minimise this release.” A planning condition is recommended on this subject to identify peatland areas and remediation.

8.21 Consultees: Notwithstanding, matters raised above in consultation responses, suitable planning conditions in relation to the following, boundary treatment, soft and hard landscaping, Scottish Water approval and drainage certification are recommended.

8.22 Representation: The following comments are made in respect of the issues raised in letters of representation:

o The Services attention was directed to the availability of the interpretive report (Geo- Environmental Report) which was immediately published for comment.

o Antisocial behaviour, presence of invasive species, construction traffic impact including construction impact on public transport, impact from construction debris on the public road, existing standard of public road, deterioration of public road surface, and construction worker short term on street parking. These are predominantly matters for the constructor to consider.

o Pluvial flooding has been considered in the planning assessment and will be the subject of planning condition (sustainable urban drainage) to ensure the appropriate standard is achieved.

o Layout design is in accordance with adopted design policy and standards, as such, NLC Transportation have no objection to the proposal. As such, post construction, a significant Increase local on street parking is not anticipated. Proposed design improvements while welcomed were not required in light of transportations comments. Street lighting detail will be considered at the appropriate construction consent stage.

o Impact on local ecology has been considered in this assessment. An Ecological Constraints Survey was undertaken on this site in November 2018. Greenspace Development are satisfied with the survey and ask that all the below recommendations within the survey report are taken forward.

9. Conclusions

9.1 Taking the above assessment into account it is considered that the detailed design and layout of the proposal is acceptable in terms of the policies of the North Lanarkshire Local Plan. There was no objection from consultees subject to condition and any further issues raised would be the subject of further assessment. Whilst the concerns expressed by neighbouring residents can be noted, the terms of objection cannot be sustained. It is therefore recommended that planning permission be granted subject to conditions.

Application No: Proposed Development:

18/01458/MIN Sand Quarry - Extraction of Sand with Site Restored by Infilling (Including Creation of Access Road and New Vehicular Entrance to the Site, Development of a Compound/Holding Area and Erection of Temporary Buildings)

Site Address:

Land North Of Burnbrae Road Auchinloch

Date Registered:

16th January 2019

Applicant: Agent: Advance Construction Scotland Ltd Dominic Waugh Caldergrove House Arngrove Court 4 Linnet Way 1 Barrack Road Strathclyde Business Park Barrack Road Bellshill Newcastle Upon Tyne Scotland United Kingdom ML4 3RA NE4 6DB

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 05 Stepps, Chryston And Muirhead 33 letter(s) of representation received. John McLaren, Lynne Anderson, Stephen Goldsack,

Recommendation: Refuse

Reasoned Justification:

The sand extraction operation and subsequent infilling and restoration operation cannot be implemented without there being unacceptable levels of impact on residential amenity and risks to traffic and pedestrian safety

Reproduced by permission of Planning Application: 18/01458/MIN the Ordnance Survey on Name (of applicant): Advance behalf of HMSO. © Crown Copyright and database right Construction Scotland Ltd 2009. All rights reserved. Site Address: Land North Of Ordnance Survey Licence Burnbrae Road number 100023396. Chryston North Lanarkshire Development: Sand Quarry - Extraction of Sand with Site Restored by Infilling (Including Creation of Access Road and New Vehicular Entrance to the Site, Development of a Compound/Holding Area and Erection of Temporary Buildings)

Recommendation: Refuse for the Following Reasons:-

1. The access is located on a de-restricted rural road, when approaching from Auchinloch the access positioned to the inside of a bend near to the end of a curve. The applicant has carried out a speed assessment and the average speed has been assessed near to the connection at 40+mph. The intended access is not safe in that it is not possible to achieve the required visibility splay requirements to the right of the site access as visibility is obstructed by a bridge parapet and by the vertical ground profile and vegetation beyond that. The applicant has no control over the land to improve this. To the left whilst it may be possible to achieve the required visibility the applicant does not have control over the vegetation that would need to be removed to achieve this. As such the access is unacceptable from a road safety perspective

2. The site access is located beyond the village of Auchinloch on Burnbrae Road. This is a countryside road also used for recreational purposes, this road narrows below 6 metres over its length between the last dwelling at Auchinloch and speed limit signs at the edge of the village. Approaching the site from the east (from Lindsaybeg Road) the road is also unsuitable for HGV traffic. The road is not of acceptable standard for the levels of HGV traffic that will result should the development proceed.

3. The development will have an adverse impact on the residential amenity of local residents with a predicted 140% increase of HGV movements along Burnbrae Road. The applicant indicates that the extraction phase (years 1-3) will be the most intensive with a maximum of 50 daily two-way movements and up to an additional 10 daily two-way car trips. It is acknowledged that during the restoration phase vehicle HGV movements could be more intermittent based on when inert materials from construction sites became available but when these do take place these are likely to be concentrated with resultant impact on residential amenity

Background Papers:

Consultation Responses:

East Dunbartonshire Council – received 21 February 2019 Scottish Environment Protection Agency - received 25 February 2019. NLC Traffic & Transportation – received 16 May 2019 and 5 August 2019. NLC Greenspace – received 13 February 2019 and 30 July 2019.

Contact Information:

Any person wishing to inspect these documents should contact Mr Mark Forrest at 01236 632500

Report Date:

13th September 2019 APPLICATION NO. 18/01458/MIN

REPORT

1. Site Description

1.1 The application site is 1.9 hectares in area and located at a distance of between 50 m to 300m north of Burnbrae Road, a rural road connecting Auchinloch village and Chryston. Auchinloch is approximately 0.6 km to the west of the site and Chryston 1.3 km south-east. Burnbrae Road crosses over a bridge across the A806 (Lenzie/Kirkintilloch-M80 Initiative Road), which runs north- south immediately to the west of the application site. The site is comprised of semi-improved grassland and is in an area designated as Green Belt.

1.2 The site itself lies approximately 4 metres to 8 metres below Burnbrae Road which is on a raised embankment at the location. The Cults Burn forms the southern and eastern site boundary whilst nearby residential dwellings and farm steadings are at North Broomknowes Farm, approximately 150 metres to the south, Blacklands Farm 140 metres to the south-east and Auchinloch Farm 150m to the north-west. The proposal site is entirely within North Lanarkshire but immediately adjacent to the East Dunbartonshire Council boundary.

2. Proposed Development

2.1 Detailed planning permission is sought for the extraction of sand materials from the site and its distribution to construction sites in Glasgow and surrounding areas by heavy goods vehicles (HGVs). The proposal consists of the extraction area and a 15m wide by 150m long corridor from that area to Burnbrae Road along an associated access and haul road constructed for that purpose. An on-site compound/operational area and weighbridge would be located adjacent to the haul road where it links to the proposed extraction area.

2.2 The applicant intends to backfill worked site areas as extraction operations progress with a mixture of naturally arising imported materials of topsoil and subsoil and other excavated inert materials from the applicant’s construction sites in Glasgow, East Dunbartonshire and North Lanarkshire. HGVs would therefore leave the site with extracted sand material and arrive with fill material derived from these construction sites.

2.3 It is proposed that the sand will be removed from west to east of the site in three distinct phases commencing with an area next to the onsite compound/operational area. Extraction would be by large excavators to a maximum depth of around 4.0m below an existing topsoil strip into a generally dome shape area within the site. In some locations depth of extraction would be less than 1.0 m deep below the topsoil layer. Overburden including topsoil would be stored in areas yet to be worked or in worked areas as these become available. The overall operational period for the development including site restoration is five years. Reinstatement of worked phases would begin in years 2-3 and be completed by year 5. The extraction area would then be backfilled with selected suitable natural materials from off-site, original topsoil would be reinstated and a suitable seeding mix sown to replicate the surrounding grazing fields.

2.4 The site would employ up to 10 employees at times of peak activity however staff directly employed on site for the majority of site operation would be 3 to 5 employees. Proposed operating hours would be between 07.30 hours and 18.00 hours on Monday to Fridays, 08.00 hours to 13.00 hours on a Saturday with no Sunday working.

2.5 The applicant intends that routing of two-way HGV movements to and from the site would be westwards, along Burnbrae Road to its junction with the B757 Stepps/Auchinloch Roads, then southwards to the M80 and destinations beyond. This would involve site traffic passing an access road to Easter Auchinloch Farm on Burnbrae Road and eleven dwellings located on Burnbrae Road at the junction with Auchinloch Road (B757). Vehicle (HGV) movements would be more frequent during the extraction phase (Years 1 to 3) with up to a maximum of 50 daily two-way movements and up to an additional 10 daily two-way car trips. During the restoration phase vehicle (HGV) movements would be more intermittent based on when inert materials from construction sites became available.

2.6 The average daily two-way movements however is projected to be 30 two-way HGV trips. The developer has stated that road haulage times would be restricted to avoid school opening and closing times to remove potential conflict between vehicles and pedestrians at these times and proposes that this be controlled by a planning condition.

2.7 Site access would be from an existing access approximately 25m east of a bridge on Burnbrae Road which crosses the A806 Initiative Road. It is proposed to widen the existing site access to 6m and resurface the existing gravel surface with metalled surfacing for a distance into the site. Wheel wash facilities would be provided however there is no proposal within the application to have the vehicles happed (covered by tarpaulin sheets to prevent load spillage) although this could be required by planning condition.

2.8 Post-Restoration – At cessation of site quarrying operations a small number of vehicle movements by HGV will be required to remove redundant and reusable site machinery. The applicant has advised that a Traffic Management Plan can be prepared to the requirements of North Lanarkshire Council for the decommissioning and restoration period, if required.

3. Applicant’s Supporting Information

3.1 The applicant has provided supporting information summarised as follows:

Reports

 Air Quality Assessment. (August 2018).  Ecological Report. (August 2018; updated July 2019).  Ground Investigation and Development Assessment Report. (December 2017).  Noise Impact Assessment. (May 2018).  Planning Supporting Statement. (September 2018).  Pollution Prevention Plan. (February 2019).  Transport Assessment. (August 2018; updated July 2019).

Drawings/Plans

 Location Plan.  Drainage Strategy.  Proposed Restoration Plan.  Proposed Phasing Plan.  Proposed Quarry Layout.  Proposed Quarry Layout – Compound Details.  Proposed Quarry – Cross-Sections of Sand Profile.  Quantity Boundary of Sand.

4. Site History

4.1 A pre-application enquiry (17/00078/PREAPE) was submitted in June 2017. A response from North Lanarkshire Council identified several material planning considerations which required to be included for assessment within a planning application for the site and this type of development.

4.2 A screening request (17/02004/EIASCR) was submitted in December 2017. The screening assessed the potential impact of the development in terms of its extent, magnitude, duration and other characteristics. The Planning Service concluded that it was unlikely that there would be an impact on the environment such that an EIA would be required.

4.3 There is no record of previous planning applications for the site. Given the rural location and site characteristics this is not unusual.

5. Development Plan

5.1 The nature of the development and the timescale of the operations are such that the development proposal will need to be assessed against National Policy, the Strategic Development Plan and the Local Development Plan. The Strategic Development Plan is the Clydeplan Strategic Development Plan 2017 whilst the currently adopted Local Plan is the North Lanarkshire Local Plan 2012.

5.2 The proposals require to be assessed under the terms of the following North Lanarkshire Local Plan policies.

 Development Strategy Policies 1, 2, 3 and 4 (assessment of Amount, Location, Impact and Quality of Development).  Policy EDI 2C Promoting Economic Development and Infrastructure – Mineral Resources.  Policy EDI 3B Assessing Economic Development and Infrastructure Proposals –Mineral Resources.  NBE1A Protecting the Natural Environment. NBE1A 6 Protected Species.  NBE3A Assessing Development in the Green Belt and Rural Investment Area.

5.3 In addition Development Plan Policy EDI 3B Assessing Economic Development and Infrastructure – Mineral Resources requires reference to the criteria contained in adopted Supplementary Planning Guidance Note SPG11 which is also called Assessment of Mineral Applications. The above polices are assessed in detail in the Planning Assessment section of this report.

6. Consultations

6.1 A summary of comments from consultees is given below:

6.2 East Dunbartonshire Council - did not raise any written objections but provided a map indicating that a locally designated Nature Conservation Site within East Dunbartonshire was located immediately adjacent to the northern and eastern boundaries of the site.

6.3 Scottish Natural Heritage - were contacted but did not submit a response.

6.4 Scottish Environment Protection Agency (SEPA) - did not object but provided advice regarding flood risk to the site. SEPA considered that sand and gravel workings were a “water compatible use” in relation to their Land Use Vulnerability Guidance. Proposed buildings associated with the development were outwith the SEPA mapped Flood Hazard areas.

6.5 NLC Roads and Transportation (Roads Operations) – Recommended refusal of the application on the basis that the proposed site access did not meet the visibility either to the right or left when leaving the site particularly due to a visual obstruction in the form of a bridge parapet to the right and the vertical ground profile beyond at that location.

6.6 To the left visibility distance requirements could be achieved with the removal of vegetation. However the applicant does not appear to have control over that land to guarantee a suitable maintenance and vegetation removal regime.

6.7 Roads and Transportation also advised Burnbrae Road narrows to less than 6 metres in width along part of the route which would lead to passing difficulties for two-way HGV traffic. The stretch of road concerned is between the last dwelling within Auchinloch and the speed restriction signs beyond. Other sections of Burnbrae Road are also narrow and may present issues for two-way HGV traffic. In the vicinity of the access traffic speeds are in excess of 40mph. The applicant proposes to control HGV movements by using radio or mobile phones to control arrival/departure time slots or to have scheduled time slots for arrivals/departures. Previous traffic survey results indicate an existing number of movements by HGVs along Burnbrae Road which are not within the control of the applicant. Therefore this proposal is not considered to be sustainable or subject to sufficient control on road safety grounds

6.8 NLC Greenspace Development – sought updated ecological survey information as that initially submitted had been collected at a sub-optimal time of year to fully survey protected species potential. Updated survey information regarding potential for Great Crested Newts and Water Voles was received in July 2019. Greenspace Development recommends further pre-works surveys, mitigation measures to protect species during site operation, restoration and post-restoration measures for several species and practices to prevent potential pollution should the application be granted.

6.9 NCL Protective Services – Confirm they are satisfied with both the Noise Impact and Air Quality Assessments in terms of the findings and the suggested mitigation. The mitigation required to protect properties from noise and dust during initial site set up phase and the operational phase of the site could be secured via appropriate planning conditions.

7. Representations

7.1 No properties were within close proximity for the standard neighbour notification process to be initiated therefore a newspaper advertisement was published in the Kirkintilloch Herald. 40 letters of representation were received from a total of 33 addresses, including a detailed letter of objection on behalf of the Auchinloch Community Council. Many of the representations raised similar issues of objections to the proposal.

7.2 The matters raised include traffic and road safety, unsuitable road network, rural road used for recreation, inaccurate information, inadequate public consultation, noise and dust impacts, impact on residential amenity, impact on property values, concerns regarding the tipping element of the proposal, restoration and length of time.

7.3 Auchinloch Community Council also submitted a resident traffic survey stated to have been undertaken in mid/late February 2019 approximately one year after the traffic survey whose data was included in the applicant’s Transport Statement. Residents state that existing HGVs constitute 1% of total traffic not the 9% claimed in the applicant’s transport submission and that there are a far higher percentage of Light Goods Vehicles (LGVs) such as commercial vans than stated in the applicant’s submission.

8. Planning Assessment

8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the Development Plan unless material considerations indicate otherwise. It is considered that the nature and timescale of the proposed operations raises issues that have to be considered against both the strategic development plan, the local development plan and against other material considerations.

8.2 National Policy: Scotland’s Third National Planning Framework (NPF3) advises that minerals make an important contribution to the economy, provide construction materials, energy supply as well as supporting employment. NPF3 recognises that the rural landscape is not just a recreational resource but also has a vital role to play in providing minerals as construction materials.

8.3 The Scottish Planning Policy 2014 (SPP), Planning Advice Note 64 (PAN 64) ‘Reclamation of Surface Mineral Workings’ and PAN 50 ‘Controlling the Environmental Effects of Surface Mineral Workings’ are of relevance to the determination of this application. PAN 1/2011 ‘Planning and Noise’ also provides additional advice on best practice for developments that may generate noise but should be read in tandem with PAN 50 for mineral developments.

8.4 The Scottish Planning Policy (SPP) states that when assessing mineral proposals, the planning authority should consider aspects such as landscape and visual impacts, transportation impacts, the effect on communities, cumulative impact, environmental issues such as noise and vibration, and potential pollution of land, air and water. The SPP also advises that mineral extraction makes an importance contribution to the economy and states that there should always be an adequate and steady available supply of minerals to meet the needs of the construction industry and other sectors. Minerals should be extracted in a way to minimize impacts upon the environment as well as the effect on communities.

8.5 Planning Advice Note 50 (PAN 50) (Controlling the Environmental Effects of Surface Mineral Workings) with Annex A (Noise), B (Dust), C (Traffic) and D (Blasting) provides advice on all these issues and how they should be assessed. PAN 64 (Reclamation of Surface Mineral Workings) provides planning advice on ensuring that satisfactory reclamation procedures are in place before, during and after extraction to bring land back to an acceptable condition.

Strategic Development Plan (Clydeplan):

8.6 The Glasgow and the Clyde Valley Strategic Development Plan 2017 (Clydeplan) is the strategic development plan. Policy 15 Natural Resource Planning: Mineral Resources Spatial Framework states that an adequate and steady supply of minerals will be maintained. Minerals development will be supported where they are in accordance with the Clydeplan Vision and Spatial Development Strategy and where individual proposals balance economic benefit against the protection of the environment and local communities from potential impacts.

8.7 Paragraph 8.15 of Clydeplan advises that the Green Belt is an important strategic tool in supporting meeting the requirements for the sustainable location of mineral extraction. Paragraph 8.17 states that consented reserves of sand and gravels are forecast to be restrained beyond 2021 and that as a result additional locations will be required across the city region to ensure that distances from source to market are minimised.

North Lanarkshire Local Plan.

8.8 The adopted North Lanarkshire Local Plan 2012 (NLLP) contains the following policies against which the proposal should be assessed.

8.9 DSP 1B Amount of Development – DSP 1B 6 Construction Minerals. Potential additions to planned land supplies. Under this policy additions to land supplies need to be justified for developments which exceed the following thresholds for construction minerals in terms of supply and demand: (2 ha or 50,000 tonnes outside areas within or adjacent to operational sites). In this case the area is less than 2.0 ha and the tonnage estimated to be extracted is 21,280 tonnes approximately. Therefore the site falls below the threshold, policy DSP 1B does not apply and the applicant does not require to justify the application as a development of strategic significance.

8.10 DSP 2B Location of Development – DSP 2B2 Green Belt – Potential additions to planned land supplies. In terms of a Green Belt location any development should continue to maintain a clearly defined urban/rural boundary. In this case the proposal would not impact on the urban/rural boundary and is proposed to be restored at the termination of extraction and infilling to a similar condition to that present. The development is therefore considered to accord with this policy.

8.11 DSP3 Impact of Development – This policy relates to where development will place additional demands on community facilities or infrastructure resulting in a need for new facilities and require a developers contribution towards maintenance of existing or provision of future infrastructure. In this case there are no significant additional pressures on community facilities such as schools or community facilities although there would be an impact due to the proposed use of the local and national roads infrastructure which is examined in further detail in the planning assessment section in this report.

8.12 DSP4 Quality of Development – Development will only be permitted under this policy where high standards of site planning and sustainable design are achieved. This includes that an appraisal has been carried out of the existing character and features of the site and its setting; that existing rights of way or features of natural or historic environmental interest will be safeguarded or enhanced. In this case the applicant has assessed the site in terms of its site character, features such as public rights of way and nature conservation interest, including by means of an ecological site study and site restoration proposals. In this case the developer would be subject to planning conditions which require protection and mitigation measures for the nature conservation and other environmental interests and the restoration of the site to a landscape character and condition similar to that currently existing at the site. If it were not for the traffic and pedestrian safety concerns the proposal has the potential to accord with this policy. The amenity implications for local residents of significant levels of HGV traffic to and from the site are also of concern

8.13 Local Plan Policy NBE1 A Protecting the Natural Environment. This policy seeks to protect sites and protected species identified and designated as having natural heritage importance. The site does not have any International, National or Local natural heritage designations. The applicant has submitted an Ecological Appraisal report which NLC Greenspace Development required to be updated with surveys implemented at the optimum periods for key protected species. Whilst no protected species were identified on site NLC Greenspace Development have advised that should the development be granted further pre-start surveys may be required and if protected species are found measures taken to provide mitigation measures or their translocation to a suitable habitat during site operations.

8.14 Local Plan Policy NBE3 A. Assessing Development in the Green Belt and Rural Investment Area. The application site is located in an area designated as Green Belt within the Local Plan. This policy identifies type of acceptable development which includes opencast coal extraction although other mineral development is not specifically mentioned within the Local Plan. The Supplementary Planning Guidance for Assessing Development in the Green Belt (SPG7) does not specifically mention mineral development concentrating on guidance relating to agricultural development, new business such as renewable energy infrastructure, retail, recreation and tourism and siting and design of new and converted rural buildings. However, mineral development by its nature is not generally appropriate in urban locations therefore development proposals for such activities will be in rural locations. Reference should therefore be made to the Supplementary Planning Guidance (SPG11) which provides guidance specifically relating to mineral development.

8.15 Local Plan Policy EDI 2C Promoting Economic Development and Infrastructure – Mineral Resources This policy states that The Council will seek to satisfy market demand for minerals by “directing proposals for extraction of all kinds of construction minerals (such as crushed rock aggregate and sand and gravel) to extension areas within or adjacent to existing operations identified on the proposals map and in schedule ED12 C in the Area Action Plans”. Supplementary Planning Guidance Note 11. EDI 3C Assessing Planning Application for Minerals is a material consideration in determining applications for planning permission. In this instance the application is for a site which is not adjacent to an existing quarry however, given that the Local Development Plan was adopted in 2012 whilst the more recently adopted Strategic Development Plan 2017 (Clydeplan) advises that consented reserves of sand and gravel are forecast to be restrained beyond 2021 there is a justification for sand quarry development in appropriate new locations, particularly those close to market demand and subject to appropriate environmental controls and monitoring. As the majority of sand quarries are currently in areas of South Lanarkshire and are more remote from markets there is a potential justification for a quarry at the application site due to its proximity to market demand areas. This does not however override the road and pedestrian safety issues associated with the local road network and the access to this site.

8.16 Local Plan Policy EDI 3B Assessing Economic Development and Infrastructure Mineral Resources. Under this policy applications for mineral extraction are to be assessed against Supplementary Planning Guidance EDI 3B (SPG 11) criteria addressing supply, environmental, social and economic impacts and other criteria (including restoration, monitoring and compliance). Proposals not justified in relation to the criteria will be refused. Again concerns regarding road and pedestrian safety associated with the local road network and the access to this site mean that the site is not suitable for extraction.

8.17 Supplementary Planning Guidance Note 11. Assessing Planning Applications for Minerals. The SPG advises that the planning authority should be mindful of the environmental, economic and social benefits that may come from mineral developments but also that a balance has to be struck with issues of damage and disturbance to communities and environment. Other factors that are material may also form part of the balanced judgement of the Council. Applications require to be assessed against these criteria whether they are within or outside recognised search areas (which are only defined for coal) or adjacent to or outside existing operational sites. Section 9 of the guidance provides Key Assessment Factors against which a development application should be assessed. Section C of the guidance provides circumstances in which the Council would not generally support mineral extraction.

8.18 Applications which are unlikely to be supported are those which fail to provide the Council’s submission requirements, proposals which give rise to adverse transport impacts which cannot be mitigated by route improvements or appropriate management measures and proposals within designated nature conservation sites or which lie outside such areas but would adversely affect their conservation value.

8.19 In terms of information to be provided applicants must commit to the provision of financial bonds and legal agreements to cover the provision of site monitoring during development works and that cover site restoration and aftercare in the event that either or both of these are not completed as a requirement of the implementation of the permission. The applicant has stated within their Supporting Planning Statement that they will agree to submission of a financial bond and agreement to a legal agreement.

Material Considerations

8.20 Many of the material considerations to be considered were raised as part of the representations and objections received from local residents and Auchinloch Community Council. These material considerations are assessed below:

8.21 Noise Issues: The Noise Impact Assessment (NIA) provided by the applicant assessed both existing background noise levels and predicted noise level increases and the impact on receptor sites from HGV movements and site operations. Existing background noise sources identified were from road traffic on Burnbrae Road and the A806 Initiative Road. Future noise levels assessed impact on Easter Auchinloch and Blacklands farms the closest residential dwellings based on noise from HGVs using the site haul road and from proposed on-site machinery activities such as excavator noise and loading HGVs. Predicted noise levels increases were by 5dB (decibels) at Easter Auchinloch and 3dB at Blacklands Farm during daytime operations. Mitigation proposed is in the form of an additional acoustic bund to be installed on-site but as close to the receptor properties as practicable. The NIA predicts a 10dB reduction in noise due to these mitigations in combination with good practice measures. The NIA also suggests good public communications to keep local residents informed. NLC Pollution Control accept the findings and suggested mitigation measured. If permission were to be granted appropriate planning conditions could be imposed to secure the required mitigation measures during the initial site set up and operational phases of the development.

8.22 Air Quality Issues: The Air Quality Assessment identified three main potential sources of air pollution risk these being dust from site operations and NO2 (Nitrogen Dioxide) and PM10 (particulate matter) from HGV emissions. The nearest residential receptors to the site are Wester Auchinloch Farm (150m to the north-west) and North Broomknowes Farm 140m to the south and Blacklands Farm 150m to the south-east. Most airborne transmission (pathways) were ineffective in carrying dust to the receptor sites however the pathway to Easter Auchinloch Farm was considered moderately effective and the impact of the dust was assessed as moderately adverse.When combined with baseline (background) concentrations impact still resulted in a worst contribution (impact) of 37.3% below the recognised Air Quality Objectives (AQOs) which the report advises would not have a significant impact on the local area.

8.23 The worst residential impact from HGV emissions was identified at a residential property at the corner of Burnbrae Road and the B757. This was predicted to represent a 2.1% increase in NO2 (Nitrogen Dioxide) and a 0.5% increase in PM10 (fine particulate matter). Therefore the annual predicted concentrations of these emissions are predicted to be 60.4% and 72.6% below the annual average Air Quality Objectives.

8.24 The Air Quality Assessment concludes that prior to implementation of mitigation measures for dust the site will have a moderate adverse effect on one of the receptor sites and slight adverse effects on nearby residential properties. However the implementation of mitigation measures set out in the Dust Management Plan will result in a reduction to slight adverse effects for one of the receptors and negligible effects for the others. In terms of traffic emissions the assessment deems impact as negligible on air quality. It can be assessed however that air quality at Wester Auchinloch which has a number of residential properties will be adversely affected, albeit slightly, should the development go ahead. NLC Pollution Control accept the findings and suggested mitigation measured. If permission were to be granted appropriate planning conditions could be imposed to secure the required mitigation measures during the initial site set up and operational phases of the development

8.25 Road and Transportation Issues. The submitted Transport Assessment advises of projected impacts and mitigation measures. During site operation Heavy Goods Vehicles will be routed to and from the site along Burnbrae Road to where it meets the B757 at Auchinloch village then south to the M80 and destinations beyond. Site traffic would pass an access road to Easter Auchinloch farm steading and eleven dwellings located at the junction of Burnbrae Road with the B757. The Transport Statement advises of 10 two-way car trips and up to 50 two-way HGV trips daily. Resulting in a 15% increase in overall flows on Burnbrae Road with HGV movements increasing by 140%. The applicant however has stated that whilst 50 HGV movements a day is a projected maximum, the average daily two-movement is more likely to be 30 HGVs. Whilst the applicant advises that vehicles will be routed to the site via Auchinloch this cannot reasonably be controlled by the planning authority.

8.26 Site access would be from an existing access approximately 25m east of a bridge on Burnbrae Road which crosses over the A806 Initiative Road. It is proposed to widen the existing site access. 8m of existing safety barrier to the east of the site access would also require to be removed. Wheel wash facilities would be provided.

8.27 The parapet for the bridge over the A806 begins just over 2m to the west of the edge of the proposed site access. The applicant has stated that due to the elevated driver’s position in a lorry (approximately 1.5m higher than in a car), the scale of a large and elevated HGV to oncoming traffic and regular maintenance of foliage on the verge, would meet visibility requirements. However this conclusion does not take into account visibility requirements for cars/vans accessing or leaving the site where a driver’s position would be significantly lower despite the number of car/van movements into the site being significantly less than those of HGVs. Vehicles turning into and exiting the site will be slow moving and with the geometry of the road combined with average speeds being in excess of 40mph this represents an unacceptable hazard. In this respect the applicant has been unable to satisfy the Council’s safety requirements.

8.28 There is no formal pedestrian footway along Burnbrae Road on the proposed site access route however verges are maintained by grass cutting and the Transport Statement acknowledges low- level pedestrian use although objections from local residents suggest that this is much higher at times of the year other than when data was gathered (February 2018). NLC Roads and Transportation note that a section of Burnbrae Road is below 6.0 m, with a section of 80m being as narrow as 5.3m between the site and the junction of the B757 Auchinloch Road. The applicant’s Transport Statement considers that the intervisibility at that section of road allowed an HGV and a car to pass safely and allow one HGV to give way and allow another to pass in safety. NLC Roads and Transportation service have expressed concern however regarding existing HGV traffic on Burnbrae Road and potential conflict between these unscheduled vehicles and HGV traffic entering or leaving the proposal site. Previous recording identified a daily flow of 71 HGV vehicles however the applicant has queried the definition of HGV which the Council has defined as vehicles with a 3.2m wheelbase or above – which could include non HGV vans.

8.29 Ensuring that vehicles have sufficient passing width and do not have to use the roadside verge is therefore crucial. The applicant proposes that arrivals to and departures from the site would be managed to prevent the need for HGVs to pass each other on Burnbrae Road. The applicant proposes the use of radios or mobile phones to allow communication between drivers to ensure arriving vehicles can travel along Burnbrae Road without meeting departing vehicles or alternatively a system of arrive and departure time-slots if radio/mobile communication is not possible. Whilst this is noted such a level of control is beyond the reasonable imposition of planning conditions and would be unenforceable.

8.30 The Transport Assessment assessed the development’s impact magnitude and impact severity on Burnbrae Road and the A757 towards Stepps and the number and locations of properties potentially affected. The impact significance on Burnbrae Road was assessed as being low based on low levels of pedestrian and cycling activity whilst the impact on the B757 is considered to be medium on a scale of low - high. In summary the Transport Statement assessed the residual traffic and transport effects of the development as not significant.

8.31 The conclusion of NLC Roads and Transportation however is that visibility of vehicles using Burnbrae Road would be adversely affected and that road safety cannot be guaranteed. Additionally, the narrowness of sections of Burnbrae Road, lack of a footway or walkable verge and degree of pedestrian and other non-vehicles based traffic also causes significant concern. The applicants’ proposal to control vehicle movements by allotted time slots or mobile phone/radio communication is considered to be impractical and unsustainable and beyond the reasonable imposition of planning conditions

8.32 Amenity Effects. In terms of the visual impact on landscape, there would be an impact whilst the development is in operation and until restoration and aftercare has been completed. However the applicant has indicated that bunds will be used to screen noise, dust and to visually screen the site. Effective screening can be secured by use of planning conditions requiring appropriate screening measures. Similarly, restoration can be secured by implementation of a restoration plan. Should the developer fail to implement restoration and aftercare the Financial Bond lodged would be used to implement this work. The increase in HGV traffic through Auchinloch and along Burnbrae Road to and from the site will inevitably have an adverse impact on the amenity of local residents. Although it is noted that this is a public road, and as such is open to all forms of traffic, the proposal represents a significant increase in traffic movements with HGV movements increasing by 140%. The applicant however has stated that whilst 50 two way HGV movements a day is a projected maximum, the average daily two-movement is more likely to be 30 HGVs

8.33 Social Impacts. The development would provide both direct employment on-site, in haulage and provide a resource required by the local construction industry. However, against this has to be the potentially adverse local impact of increased frequent HGV traffic along a minor local road past residential properties daily at a rate that at peak times could be every six to twelve minutes. Additionally, the unconfirmed rate of restoration which is as infill materials arise means that the site is projected to be operational for five years from site commencement to final restoration.

9. Assessment of Representations

9.1 A letter submitted by Auchinloch Community Council raised a number of issues in relation to both the application proposed and the application process. Many of the issues raised matched or were similar to those raised by individual responses by local residents. These issues are addressed in detail below.

a) Representation was made that North Lanarkshire Council did not provide sufficient consultation/notification of the development proposal particularly in a rural area.

Response. The planning authority carried out the necessary consultation required by planning legislation. In this case, there were no neighbouring properties within the distance requiring neighbour notification. A public notice was therefore placed in the Kirkintilloch Herald. In terms of community consultation the applicant was advised of Supplementary Planning Guidance Note 11 for mineral applications as part of the enquiry response letter dated to Pre-Application enquiry 17/00078/PREAPE. This advises that the Council expects a Community Engagement Statement setting out how local people have been informed. No statement regarding Community Engagement has been submitted received.

b) The Council did not provide adequate information or access to applicant’s submissions such the Ecological Appraisal and the Ground Investigation Report and that the Road Transport Statement was reduced.

Response. The Ground Investigation Report was made public when the application was validated as were the other originally submitted documents. The Ground Investigation Report is mentioned within the submitted Planning Supporting Statement as an Appendix as were other supporting reports. These reports were lodged as such on the planning portal website. Ecological Reports if considered potentially sensitive (eg. Containing potential locations of protected species) are generally not made public. Reference to the Transport Statement being reduced on the planning portal refers to the electronic file size of the document not information being omitted from the document available to the public.

c) There was lack of specific detail about the type of Heavy Goods Vehicles that would be used, ie how many axles, weight limit and emissions ratings.

Response. If permission were granted the applicant could use a variety of vehicles provided these complied with DVLA and other transportation legislation/regulations and were driven on roads complying with appropriate weight and other traffic restrictions.

d) The developers’ submission is ignorant of the locality containing incorrect information such as not acknowledging individual residential units of a farm steading and describing the development location as Chryston, instead of Auchinloch. The submission states that the A806 connects the proposed site to the M80 when there was no access from the site to the A806.

Response. It is not reasonable nor practical for a submission to contain exceptional levels of detail such as listing individual dwellings. In that instance the submission provides sufficient detail to identify the site and the location and proximity of neighbouring residential dwellings. The submission does not state that the proposed site is directly connected to the A806 but describes a route to the M80 which includes Burnbrae Road and a section of the A806. Therefore the statement within the applicant’s submission is factually correct.

e) There was no justification for a sand quarry at the location. The submitted Transport Statement quotes North Lanarkshire Local Plan as stating that there is currently a 10 year supply for construction minerals in the market area and a presumption against new extraction other than extensions to existing sites. The application should be refused as the need for a sand quarry at the location has not been established.

Response The information within the submitted Transport Statement referencing a 10 year land supply was correct at the time of the adoption of the North Lanarkshire Local Plan in 2012. The current Strategic Development Plan (2017) states at paragraph 8.17 that consented reserves of sand and gravels are forecast to be restrained beyond 2021 and that as a result additional locations will be required across the city region to ensure that distances from source to market are minimised.

f) The site is not relatively remote and social impact will be highly significant. The traffic survey conducted in February 2018 does not represent recreational use by walkers, joggers, horse- riders or cycling. The number of traffic movements is unsuitable for a narrow rural road with no footway or pedestrian/vehicle separation. The proposal does not take account of other large vehicles which use this narrow road. These factors will reduce the recreational amenity of this country road

Response. It is acknowledged that a traffic survey undertaken in February would not fully reflect use of the road during times of year with more favourable weather conditions for outdoor activities and that the road may be used by a number of mode of travel and for informal recreation. These matters were address in the planning assessment section of the report.

g) The Noise Impact Assessment (NIA) makes reference to temporary exceptionally noisy phases of operation. There is no distinction between continuous background noise and irregular percussive and vibratory noise caused by the proposed operation of the site.

Response. NLC pollution Control accept the findings and suggested mitigation contained within the NIA report. The noise impacts could be satisfactorily mitigated through the use of appropriate planning conditions during both the set up phases and operational phases of the development.

h) The junction of Burnbrae Road and the B757 is hazardous due to its staggered layout with a blind summit, the entrance to the Golden Pheasant pub car park opposite Burnbrae Road and the entrance to Langmuirhead Road, Auchinloch just to the north. The frequent turning of large, heavily laden vehicles into and out of Burnbrae Road will be a significant hazard.

Response. The Transport Statement for the development contained Accident Statistics for a 5 year period from 2012 to 2016. A single serious and two slight accidents were identified. None of these were at the junction. NLC Roads and Transportation have not advised as part of their response that the junction would be hazardous as a result of the increased vehicle movements nor due to the scale or types of vehicles associated with the development.

i) Concerns regarding dust pollution and other emissions from the development are not guaranteed by the Air Quality Assessment and the high level of dust management required at every stage of the process including off-site transportation. Weather data in the Air Quality Assessment is based on a weather station 15 km from the site. A recommendation for a review of dust emission control, management and mitigation strategies every 2 years is unsatisfactory. Residents should have a right to review these processes should they have a complaint.

Response. NLC pollution Control accept the findings and suggested mitigation contained within the Air Quality Assessment. Satisfactory mitigation can be achieved through the use of appropriate planning conditions during both the set up phases and operational phases of the development.

j) The surveys are inaccurate.

Response. The reports and survey information submitted was prepared by two separate consultancies who would be required to have professional liability insurance. Should information be provides which is negligent or misrepresentative the authors would be subject to the sanctions of their respective professional bodies. Whilst reports should be as accurate as possible and based on the best available information factual errors may still occur. Should the planning authority believes there is an error or omission or misrepresentation this would be highlighted to the applicant and where necessary in the planning application report.

k) The submitted Planning Supporting Statement does not take account of recent development in Auchinloch or the former Lenzie Hospital site (East Dunbartonshire) which has increased noise, traffic and general disruption.

Response. It is acknowledged that traffic may have increased as a result of the cumulative effects of new developments however a Transport Assessment by its nature requires to focus on the impacts of the proposed development subject to the planning application. Additional consented but yet built developments are normally however taken into account

l) Those living near the site state it is an important wildlife site including the protected species water voles which have returned since the construction of the adjacent A806 Initiative Road.

Response. The Ecological Appraisal Report provides details of the wildlife value of the site. The Council’s Greenspace Services requested further survey information following receipt of the report and have recommended additional surveys and mitigation measures should planning permission be granted.

10. Conclusions

10.1 Whilst the proposed development proposes mitigation measures to address issues such as adverse impacts due to noise, dust and HGV vehicle emissions, and provides details of restoration proposals which can be implemented by the planning authority using a submitted financial bond should restoration not occur, the applicant has not been able to appropriately address road safety issues relating to site access visibility or the impact of frequent two-way Heavy Goods Vehicle movements along a narrow rural road on which are located a number of residential properties and which is used for necessary and informal recreational use by local residents. As such it is recommended that planning permission be refused.

Application No: Proposed Development:

18/01786/PPP Cinema and Restaurant Development, alterations to car park and associated works (In Principle)

Site Address:

Site At St Mungo's Road Cumbernauld

Date Registered:

13th December 2018

Applicant: Agent: Hamcap (Cumbernauld) LLP Maria Francke The Beacon 199 St Vincent Street 176 c/o HKIP Glasgow St Vincent Street UK Glasgow G2 5QD Scotland G2 5SG

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 04 Cumbernauld East 63 letter(s) of representation received. Gillian Fannan, Claire Barclay, Paddy Hogg, Tom Johnston,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposal accords with the relevant policies in the Local Plan and it is considered that it has been demonstrated that the proposal, in terms of traffic generation and parking provision, is acceptable in principle.

Reproduced by permission of Planning Application: 18/01786/PPP the Ordnance Survey on Name (of applicant): Hamcap behalf of HMSO. © Crown Copyright and database right (Cumbernauld) LLP 2009. All rights reserved. Site Address: Site At Ordnance Survey Licence St Mungo's Road number 100023396. Cumbernauld North Lanarkshire

Development: Cinema and Restaurant Development, alterations to car park and associated works (In Principle)

Proposed Conditions:-

1. That before development starts, a further planning application for approval of matters specified in condition (MSC) shall be submitted to the Planning Authority in respect of the following 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, car and cycle parking areas; (d) the details of, and timetable for, the hard and soft landscaping of the site; (e) details of the management and maintenance of the areas identified in (d) above; (f) the design and location of all boundary walls, barriers and fences; (g) the provision of surface drainage works incorporating SUDS; (h) the disposal of sewage; (i) details of existing trees, shrubs and hedgerows to be retained; (j) details of existing and proposed site levels. (k) hours of operation

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.

2. For the avoidance of doubt, no permission is hereby given for the indicative site layout and associated illustrations and drawings submitted with this application. These are for indicative purposes only.

Reason: To define the terms of this permission.

3. That notwithstanding and in addition to the terms of condition 1 above, any subsequent detailed application, unless otherwise agreed in writing by the Planning Authority, shall include a 2.4 metre by 60 metre access visibility splay with the access to any employee car park to be via a commercial dropped kerb footway crossing arrangement and that any such detailed application shall include details of proposed directional signage to improve pedestrian movement to and from the site to the bus stations within the town centre at Central Way.

Reason: In the interests of appropriate access and road safety.

4. That notwithstanding the terms of condition 1 above, unless otherwise agreed in writing by the Planning Authority, the Class 11 use hereby permitted shall not exceed 3095 sqm gross (Assembly and Leisure/cinema) and a total of 1360 sqm gross Class 3 (Restaurant/café – multiple units) internal floorspace.

Reason: To define the permission and to ensure that the development accords with the Transport Assessment carried out by Systra dated 17.04.19.

5. That notwithstanding the terms of condition 1 above, BEFORE any works of any description start on the application site, a comprehensive site investigation requires to be submitted for the proposed residential development to the satisfaction of the Local Authority. This investigation must be carried out in accordance with the British Standard Code of Practice BS 10175: 2011 "The Investigation of Potentially Contaminated Sites". The report must include a site specific risk assessment of all relevant pollution linkages, be carried out in accordance with the Environment Agency publication Model Procedures for the Management of Land Contamination CLR11, and be submitted in both hard copy and electronic format. Depending on the results of this investigation a detailed remediation strategy or gas control measures may be required. Before development begins any remediation work required must be completed and verification provided by the developer to the satisfaction of the Local Authority.

Reason: To ensure that the site is free of contamination in the interests of the environmental amenity of the area.

6. That any mitigation works identified as part of the Site Investigation required under condition 5 above shall be carried out and verified by a suitably qualified environmental engineer to the satisfaction of the Planning Authority prior to construction work commencing on site.

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

7. Notwithstanding the terms of condition 1 above, before any works start on site, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer as complying with the most recent SEPA SUDS guidance.

Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater and in the interests of the amenity and wellbeing of existing and future residents adjacent to the development site.

8. That the SUDS compliant surface water drainage scheme approved under the terms of Condition 7 above shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant CIRIA Manual and the approved plans.

Reason: To safeguard adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.

9. Notwithstanding the terms of condition 1 above, before any works start on site, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water can be fully met to demonstrate that the development will not have an impact on their assets, and that suitable infrastructure can be put in place to support the development.

Reason: To ensure the provision of satisfactory drainage arrangements.

10. Notwithstanding the terms of condition 1 above, the scheme of landscaping shall include:-

(a) details of any earth moulding and hard landscaping, boundary treatment, 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) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site.

Thereafter, the proposed landscaping shall be carried out in accordance with the terms of this condition.

Reason: To ensure the provision of acceptable landscaping and footpath provision and to protect and enhance nature conservation.

11. Notwithstanding the terms of condition 1 above, before any works start on site, 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; b. the proposed parking areas; c. the proposed external lighting; d. the proposed grassed, planted and landscaped areas; e. the proposed fences.

Reason: To ensure the implementation of the landscaping scheme in the interest of amenity.

12. That before the development hereby permitted is first operational, the management and maintenance scheme approved under the terms of condition 11 shall be in operation.

Reason: In the interests of visual amenity.

13. That any mechanical plant associated with the development hereby permitted should not give rise to a noise level, assessed with windows open, within any dwelling or noise sensitive buildings in excess of the equivalent to Noise Rating Curve (N.R.C) 35 between 07.00 hours and 23.00 hours and N.R.C 25 at all other times.

Reason: In the interests of residential amenity.

14. That notwithstanding the terms of Condition 1 above, any MSC application or further detailed planning application shall have regard to the access strategy and transportation mitigation works identified in the supporting Transportation Assessment produced by Systra dated 17.04.19.

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

Background Papers:

Consultation Responses:

NLC Traffic & Transportation dated 25th July 2019. NLC Environmental Health (including Pollution Control) dated 21st December 2018 and 28th August 2019.

Transport Assessment (Revised) produced by Systra dated 17.04.19. Design Statement produced by CDA architects on behalf of Cushman Wakefield Planning Consultants dated 7thDecember 2018. Planning Statement produced by Cushman Wakefield Planning Consultants dated 7th December 2018. Geotechnical and drainage report dated 7th December 2018. Air Quality Impact Assessment produced by ITP Energised dated 27th August.

Contact Information:

Any person wishing to inspect these documents should contact Mr Paul Williams at 01236 632500

Report Date:

16th September 2019 APPLICATION NO. 18/01786/PPP

REPORT

1. Site Description

1.1 The site in question is the existing eastern car park area which serves Phase 4 of the Cumbernauld Town Centre. It covers an area of approx. 8362 square metres and is bound by St Mungo’s Road to the north, South Muirhead Road to the east, Central Way (A8011) to the south and the phase 4 Teviot Walk shopping mall and associated rooftop car park to the west. The existing car park has a total of 195 spaces. The site is currently accessed from Central Way and there is a ramped vehicular access to the rooftop car park along the northern edge of the site adjacent to St Mungo’s Road.

2. Proposed Development

2.1 The proposal, which is in principle, is for the development of a cinema complex and associated restaurant and café outlets. Although a proposal in principle, the applicant has provided illustrative detail of a two- storey flat roofed rectangular building with 4no class 3 (restaurant/café) units on the ground floor and no8 (146 seat) cinema auditoriums above accessed from the existing rooftop car park above Teviot Walk. The proposed building would be built into the existing northern gable of phase 4 (Teviot Walk). 41 parking spaces are proposed within this illustration.

3. Applicant’s Supporting Information

3.1 The applicant has provided a package of supporting information which includes the following :-

Transport Assessment (Revised) produced by Systra dated 17.04.19. Design Statement produced by CDA architects on behalf of Cushman Wakefield Planning Consultants dated 7th December 2018. Planning Statement produced by Cushman Wakefield Planning Consultants dated 7th December 2018. Geotechnical and drainage report dated 7th December 2018. Air Quality Impact Assessment produced by ITP Energised dated 27th August.

3.2 The Planning Statement argues that the proposed uses are in accordance with the local plan policies relating to the town centre and this site and that the proposed uses are appropriate town centre uses and will help to give the town centre an economic boost. The Transport Assessment argues that there is sufficient parking capacity in association with existing public transport links to cope with the expected footfall that the proposal would generate and also the loss of parking provision that the proposal would result in. The design statement concludes that the proposed development illustrations would sit well within this town centre location and enhance the surrounding area.

4. Site History

4.1 There is no relevant planning history.

5. Development Plan

5.1 The site lies with Cumbernauld Town Centre, Policy RTC 1 (Protecting town centres) in the North Lanarkshire Local Plan. RTC 2 (Promoting Town Centre Action), RTC 3 (Assessing Retail and Commercial Leisure Development and assessment policies DSP 1(Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development) are also applicable.

6. Consultations

6.1 NLC Traffic and Transportation has assessed the surveys and findings of the revised Transport Assessment produced by Systra dated 17.04.19. and concur with the findings that sufficient parking capacity in association with existing public transport links exist to cope with the expected footfall that the proposal would generate and also the loss of parking provision that the proposal would result in. NLC Traffic and Transportation also made cautionary comment that the majority of the parking provision that would be lost as a result of the proposal would be the most popular and accessible and that any significant change to the shopping profile of the northern side of the town centre could lead to a parking imbalance and congestion. NLC traffic and Transportation has stated that if the application was to be recommended for approval that site specific conditions should be applied to any subsequent detailed application relating to the proposed access visibility splay, staff parking and the implementation of acceptable directional signage to aid pedestrian movements to and from the site to the town centre bus stations at Central Way.

6.2 NLC Protective Services have provided standard advice with regard to construction works hours of operation and advised the imposition of conditions relating to the submission of a comprehensive site investigation and implementation of associated remedial works as well as condition relating to acceptable parameters for operational noise. NLC Protective Services also required the submission of an Air Quality Impact Assessment (AQIA). Protective Services concurred with findings of the AQIA – these being that that the proposal would not result in any significant impact on existing air quality that could lead to the town centre being designated as an Air Quality Management Area.

7. Representations

7.1 Following the standard neighbour notification process and newspaper advertisement, 63 letters of representation received of which 46 were objections, 12 were in support and 2 were neutral. The neutral representations were in combined form from S McDonald MP and J Hepburn MSP and stated support in principle but with serious reservations regarding loss of car parking and the additional traffic generated. 15 objections, 7 representations of support and 1 neutral representation were made outwith the neighbour notification response deadline.

7.2 The points of representation are as follows :-

Points of objection

 The proposal will generate increased traffic.  Parking already a problem – hence existing 3 hour parking restriction.  Loss of parking spaces (154).  Negative impact on existing road infrastructure.  3 hour parking restriction is impractical as it does not give enough time to go to cinema, have a meal and or go the shops and therefore does not make the proposed town centre experience viable.  The proposed ‘Westway’ mixed use/cinema site at Wardpark is more viable.  This application is an attempt to put off similar development at ‘Westway’.  The proposal is not a viable leisure offer due to unattractive state of the town centre.

Points of support

 The proposal would enhance the town centre.  The proposal would increase footfall.  The proposal would lead to new jobs and investment.  The application site being in the town centre has good public transport links.  The proposal would improve public amenity in the town centre.

Planning Assessment

8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the Development Plan unless material considerations indicate otherwise.

8.2 In this case the site lies within a designated town centre were Policies RTC 1 (Protecting town centres) in the North Lanarkshire Local Plan. RTC 2 (Promoting Town Centre Action), RTC 3 (Assessing Retail and Commercial Leisure Development) and apply. Policy RTC 1 seeks to ensure that uses appropriate to town centres are concentrated in town centres to ensure the economic health and viability of town centres. The uses proposed are appropriate town centre uses and as such, the proposed uses accord with this policy in principle. For same reason, the proposal complies in principle with policy RTC 2. With regard to policy RTC 3, this in principle proposal can be assessed in terms of Transport Assessment submitted and the illustrative development scheme submitted. In this context it is considered that the in principle proposal complies with this policy.

8.3 An assessment also has to be made with regard to the development assessment policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development). In the context of this in principle proposal and supporting information provided it is considered that the proposal is in accordance with these policies.

8.4 Consultations: NLC Traffic & Transportation has assessed the surveys and findings of the revised Transport Assessment produced by Systra and dated 17.04.19. and concur with the findings that sufficient parking capacity in association with existing public transport links exist to cope with the expected footfall that the proposal would generate and also the loss of parking provision that the proposal would result in. In terms of the cautionary comments made regarding the loss of the most popular and accessible parking and that a future change to the shopping profile on the northern side of the town centre could lead to a parking imbalance and congestion, the revised Transport Assessment states that the 3 hour parking restriction may not allow sufficient time and may be extended in combination with a ‘fit for purpose’ parking strategy when the development becomes operational. NLC Traffic and Transportation has stated that if the application was to be recommended for approval that site specific conditions should be applied to any subsequent detailed application relating to the proposed access visibility splay, staff parking and the implementation of acceptable directional signage to aid pedestrian movements to and from the site to the town centre bus stations at Central Way. Furthermore, NLC Protective Services have provided standard advice with regard to construction works hours of operation and advised the imposition of conditions relating to the submission of a comprehensive site investigation and implementation of associated remedial works as well as condition relating to acceptable parameters for operational noise. NLC Protective Services also required the submission of an Air Quality Impact Assessment (AQIA). Protective Services concurred with findings of the AQIA – these being that that the proposal would not result in any significant impact on existing air quality that could lead to the town centre being designated as an Air Quality Management Area

8.5 Representations: In response to the concerns raised, the following comments are offered:

Points of objection

 The proposal will generate increased traffic.

Comment: It is noted and agreed that the proposal will generate additional traffic. However the findings of the submitted Transport Assessment which NLC Traffic and Transportation concur with, show that the town centre has scope to cope with this in terms of car parking and access.

 Parking already a problem – hence existing 3 hour parking restriction.

Comment: This is noted and the logic appreciated. The revised Transport Assessment has taken into account the existing 3 hour parking restriction and has factored into the study that this restriction may have to be reviewed. The length of time currently allowed for parking has been set by the owners of this part of the town centre and if required they can change this to suit any altered circumstances. Parking surveys show that there is capacity to do this.

 Loss of parking spaces (154).

Comment: Agreed. However, NLC Traffic and Transportation concur with the findings of the Transportation Assessment that the resultant parking provision within the town centre can cope with the projected generated vehicular activity.

 Negative impact on existing road infrastructure.

Comment: Again NLC Traffic and Transportation concur with the findings of the Transportation Assessment that the local road network within the town centre can cope with the projected generated vehicular activity. NLC Traffic and Transportation has also recommended conditions regarding the adaption of existing infrastructure as part of ant subsequent detailed planning application.

 3 hour parking restriction is impractical as it does not give enough time to go to cinema, have a meal and or go the shops and therefore does not make the proposed town centre experience viable.

Comment: It would be reasonable to expect to stay for more than 3 hours as part of a cinema/restaurant/shopping experience. It is noted that the parking restrictions end at 6pm and it is in the control of the centre operator to amend these restrictions if required.

 The proposed ‘Westway’ mixed use/cinema site at Wardpark is more viable.

Comment: This is a separate proposal within a separate planning application and not directly relevant to the planning assessment of this application.

 This application is an attempt to put off similar development at ‘Westway’.

Comment: This may or may not be the case, however it is not a material planning consideration.

 The proposal is not a viable leisure offer due to unattractive state of the town centre.

Comment: Again, this is not a material planning consideration and the applicant would argue that this proposal seeks to enhance the town centre.

Points of support

 The proposal would enhance the town centre.

Comment: It is agreed that this proposal has the potential to enhance the town centre subject to the substance of any subsequent detailed application proposals.

 The proposal would increase footfall.

Comment: Agreed.

 The proposal would lead to new jobs and investment.

Comment: Agreed.

 The application site being in the town centre has good public transport links.

Comment: Agreed.

 The proposal would improve public amenity in the town centre.

Comment: Again, it is considered that the proposal has the potential to enhance the town centre subject to the substance of any subsequent detailed application proposals.

9. Conclusions

9.1 In conclusion, it is considered that the proposal, in principle, accords with relevant local plan policies in that the proposed uses are appropriate to this town centre location and because the applicant has demonstrated through the submission of an illustrative scheme and associated Transport Assessment that the scale of development and its impacts can be within acceptable parameters in the context of appropriate conditions being applied to any subsequent detailed planning application. Such conditions can limit the scale of the proposal to no more than illustrated in this in principle application and ensure appropriate and acceptable vehicular and pedestrian access.

9.2 As such, it is recommended that this application be approved subject to the application of the appropriate conditions.

Application No: Proposed Development:

18/01851/FUL 146 Dwellings Comprising Detached, Semi & Terraced dwellinghouses with Associated Roads and Landscaping

Site Address:

Site At Windsor Drive Glenmavis

Date Registered:

21st January 2019

Applicant: Agent: Dawn Homes Ltd Michael Keegan 220 West George Street 49 St Vincent Crescent Glasgow Glasgow G2 2PG G3 8NG

Application Level: Contrary to Development Plan: Major No

Ward: Representations: 08 Airdrie North 16 letter(s) of representation received. Alan Beveridge, Sophia Coyle, David Cullen, Thomas Morgan,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed residential development on this site is considered acceptable in terms of the development plan and meets the criteria set out in the relevant policies of the North Lanarkshire Local Plan. The proposal can be accommodated without detriment to the surrounding area.

Reproduced by permission of Planning Application: 18/01851/FUL the Ordnance Survey on Name (of applicant): Dawn Homes Ltd behalf of HMSO. © Crown Copyright and database right Site Address: Site At 2009. All rights reserved. Windsor Drive Ordnance Survey Licence Glenmavis number 100023396. Development: 146 Dwellings Comprising Detached, Semi & Terraced dwellinghouses with Associated Roads and Landscaping

Proposed Conditions:-

1. That except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawings stamped approved.

Reason: To clarify the drawings on which this approval of permission is founded.

2. That BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition.

Reason: To enable the Planning Authority to consider these aspects, in order to ensure that materials are visually acceptable in a local context.

3. That before the development hereby permitted commences, the design, location and finishing materials for the fences, gates and walls shall be submitted to, and approved in writing by the Planning Authority. Thereafter all fences, gates and walls shall be erected in accordance with the details approved under the terms of this condition, unless agreed otherwise in writing by the Planning Authority.

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

4. That before the development hereby permitted starts, a scheme of landscaping 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, boundary treatment, 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; in particular this should include a detailed scheme of biodiversity enhancement, seasonal shrub planting and trees within and bordering the SUDS facility and the site entrance. Furthermore where trees/shrubs are to be planted adjacent to the railway boundary these should be positioned at a minimum distance from the boundary which is greater than their predicted mature height. Certain broad leaf deciduous species should not be planted adjacent to the railway boundary. Network Rail can provide details of planting recommendations for adjacent developments. (c) Tree planting proposals. (d) A detailed timetable for all landscaping works within the site and shall set out that the works be carried out contemporaneously with the development of the site.

For the avoidance of doubt, the details submitted to discharge this condition shall build upon the landscaping plans submitted as part of the application

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

5. That all works included in the scheme of landscaping and planting, approved under the terms of condition 4 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.

Reason: To ensure the implementation of the landscaping scheme in the interest of amenity.

6. 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 grassed, planted and landscaped communal areas; (b) the proposed parking areas shown on the approved plans; (c) the proposed SUDS area; (d) any communal fences and walls; (e) the bird and bat boxes

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

7. That BEFORE completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 6 shall be in operation.

Reason: To safeguard the residential amenity of the area.

8. That should 12 months or more elapse between the timing of the initial ecological survey dated May 2019 hereby approved, and development commencing, a further survey shall be undertaken on the site to determine the presence of any statutorily protected species including Badgers, the said survey shall thereafter be submitted to and approved in writing by the Planning Authority before any development commences on the site. As a result of the study, should any mitigation measures be required for any protected species, this shall be implemented in accordance with the species protection plan agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site.

Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Regulations 1994 (as amended); the Wildlife and Countryside Act (1981) as amended; the Protection of Badgers Act 1992 (as amended); and the Nature Conservation (Scotland) Act 2004.'

9. That before any works start on the site a comprehensive and intrusive site investigation shall be carried out to determine the extent of historic coal mining on site which will allow any required remediation measures to be identified. A report detailing these investigations and remediation measures if necessary shall be submitted for the written approval of the Planning Authority in consultation with the Coal Authority. Once approved the mitigation works identified shall thereafter be carried out prior to the occupation of the first dwellinghouse on site.

Reason: To ensure that the development takes account of historic mine works.

10. That before any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and for the approval of the Planning Authority. The investigation must be carried out in accordance with current best practice advice such as BS10175: ‘The Investigation of Potentially Contaminated Sites’ or CLR 11. The report must include a site specific risk assessment of all relevant pollutant linkages and a conceptual site model. Depending on the results of the investigation, a Detailed Remediation Strategy may be required.

Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents of the site.

11. That any remediation works identified by the report agreed in terms of Condition 10 above shall be carried out in accordance with an implementation timetable. This timetable shall be agreed in writing with the Planning Authority before any works start on site. No individual dwelling or flat shall be occupied until a certificate (signed by a chartered Environmental Engineer) has been submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the agreed Remediation Strategy.

Reason: To ensure that any remediation identified has been implemented in the interests of the amenity and wellbeing of future residents.

12. That prior to commencement of development, a Construction Method Statement shall be submitted to and approved by the Planning Authority. For the avoidance of doubt, the Construction Method Statement shall cover:

 Details of the proposed phasing of all works;  Details of all on-site construction including means of access to the site;  Details of the site compound;

Reason: In the interests of the residential amenity of surrounding properties.

13. That before the development hereby permitted starts, the applicant shall provide an updated site topographic survey following the site clearance works to confirm ground levels and to better delineate the flood extents in terms of the requirements of the submitted FRA and in line with the requirements outlined by SEPA for the written approval of the Planning Authority.

Reason: To ensure that the site is free from flooding in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.

14. That before the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer as complying with the most recent SEPA SUDS guidance.

Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.

15. That the SUDS compliant surface water drainage scheme approved in terms of Condition 14 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant CIRIA Manual and the approved plans.

Reason: To safeguard adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.

16. That prior to the commencement of development, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water can be fully met to demonstrate that the development will not have an impact on their assets, and that suitable infrastructure can be put in place to support the development.

Reason: To ensure the provision of satisfactory drainage arrangements.

17. That before the development hereby permitted starts, a detailed scheme for the provision of an equipped play area within the application site shall be submitted to, and approved in writing by the Planning Authority, and this shall include:-

(a) details of the type and location of play equipment, seating and litter bins to be situated within the play area; (b) details of the surface treatment of the play area, including the location and type of safety surface to be installed; (c) details of the fences to be erected around the play area, (d) details of a DDA compliant access; (e) details of the phasing of these works.

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

18. That unless otherwise agreed in writing by the Planning Authority before the occupation of the 100th dwellinghouse within the development hereby permitted, all works required for the provision of the equipped play area and, included in the scheme approved under the terms of condition 17, shall be completed.

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

19. That before the development hereby permitted starts, and unless otherwise agreed in writing by the Planning Authority, a scheme of off-site road improvement works shall be submitted for the approval in writing of the Planning Authority which shall address the following requirements of the Council's Traffic and Transportation Service:

a) The provision of traffic calming on Windsor Drive and Irvine Street.

Reason: In the interests of road safety.

20. That unless otherwise agreed in writing by the Planning Authority, and prior to the occupation of the first dwellinghouse herby approved, the off-site traffic calming agreed under the terms of Condition 23 above shall be completed to the satisfaction of the Planning Authority.

Reason: In the interests of road safety.

Background Papers:

Consultation Responses:

NLC Roads Development Team received 29th April, 2nd May, 10th May, 18th June and 26th August 2019 NLC Environmental Health (pollution Control) received 14th March and 28th May 2019. NLC Greenspace received 23rd April and 19th June 2019. NLC Play Services received 31st January 2019 NLC Education received 28th February 2019 The Coal Authority received 31st January, 21st February, 9th May and 18th June 2019 Scottish Environmental Protection Agency (SEPA) received 30th January, 18th February, and 3rd June 2019 Scottish Water received 13th February 2019 Scottish Power received 13th February 2019 Health and Safety Executive received 5th March 2019

Contact Information:

Any person wishing to inspect these documents should contact Mr Edward McLennaghan at 01236 632500

Report Date:

11th September 2019 APPLICATION NO. 18/01851/FUL

REPORT

1. Site Description

1.1 The application site is located on land which formed part of the former Pinwhinnie minerals site and is located to the north of Windsor Drive and Balmoral Avenue, Glenmavis. The application site comprises a site area of approximately 8.4Ha within an area designated for short-term housing development in the current development plan. The site is bound by areas to the north and east associated with landfill and quarrying and to the west lies agricultural land. The site is bounded to the south and adjoins the existing residential areas to the north of Glenmavis which comprise a mixture of residential dwellings of varying scale and design including single and two storey detached and semi-detached properties. The application site comprises primarily grassland with some areas of woodland and generally slopes from the east to west with its northern boundary delineated by the pylons and electricity lines.

2. Proposed Development

2.1 Planning permission is sought for the erection of 146 residential properties comprising a mixture of 3 bedroom terraced and semi-detached properties, 3 and 4 bedroom detached properties with integral garages and 5 bedroom properties with integral garage and all with associated parking and private amenity space.

2.2 Vehicular access would be taken from Windsor Drive to the south of the site and the internal layout incorporates a primary access road attached to a primary loop road with a design speed of 20- 30mph incorporating a 5.5m wide road surface with conventional kerbing and footways either side feature paved junctions with level kerbing. Attached to the primary loop would be secondary shared surface streets generally 5.5m wide incorporating conventional kerbing, grass verges and horizontal off-sets with feature paved nodes. The proposed layout creates an interesting street scene which would also limit speed of vehicle travel by design. Private off-street and visitor parking would be provided to meet the Council’s standards. The applicant proposes to use various road surface materials, street alignment and building positioning to accord with Designing Streets principles.

2.3 A range of landscaping would be provided within the development site to the internal street layout including hedging, shrubs and tree planting covered by conditions and would be in addition to the no- build exclusion zone to the north (electricity pylons) and the retention of the existing trees on the southern boundary and tree belt to the east help to provide a green enclosure of the proposed development. The SUDS area is located to the northern part of the site.

2.4 Each dwelling would be provided with front and rear garden areas and off street parking facilities. Visitor car parking would be distributed throughout the site. Details of the finishing materials would be submitted as a condition of the application.

3. Applicant’s Supporting Information

3.1 The applicant has submitted a Pre-Application Consultation (PAC) Report, Design and Access Statement, Site Investigation & Coal Mining Risk Assessment Reports and Flood Risk Assessment and Drainage Reports with the application. In addition the applicant has also provided an Air Quality Impact Assessment (AQIA), Preliminary Environmental Appraisal (PEA) and Street Engineering Review (SER).

4. Site History

4.1 The site has had previous outline planning consent for residential development dated 13th December 1999 which is now lapsed.

5. Development Plan

5.1 The application site is covered by policy HCF 2A Locations for (Short-term) Housing development in the North Lanarkshire Local Plan and policies DSP 1-4 are also relevant.

5.2 The application site is proposed to be zoned Green Belt in the emerging North Lanarkshire Local Development Plan.

6 Consultations a. A summary of the comments received are as follows:

i) NLC Roads Development Team The Roads Development Team have has no objection to the proposed development subject to requirements relating to adequate parking provision, road geometry and footway provision within the site. In addition Roads also require a scheme of additional traffic calming measures to be implemented on both Windsor Drive and Irvine Street.

ii) NLC Environmental Health (Pollution Control) Following a review of the information submitted Pollution Control requested the submission of an Air Quality Impact Assessment (AQIA) and subsequent to its submission have accepted the findings of the report. A condition is added to cover the outstanding matters in relation to the Site Investigation works.

iii) NLC Greenspace Following a review of the information submitted Greenspace Pollution requested the submission of a Preliminary Environmental Appraisal (PEA) and subsequent to its submission have accepted the findings of the report with recommended conditions in relation to biodiversity enhancement and replacement planting.

iv) NLC Play Services Has no objection to the proposed development subject to the on-site provision of adequate play and open space facilities.

v) NLC Education Has no objection to the proposed development and comments that the development site lies within the catchment area of New Monkland Primary school for non-denominational provision and is split between St Serf’s Primary school and St Andrew’s Primary schools for denominational provision. Pupils from these schools transfer to Airdrie Academy and St Margaret’s High schools for secondary provision. NLC Education confirm that trends show that approximately 90% of pupils from the village of Glenmavis choose to attend the local school, New Monkland Primary school. Roll Projections have been carried out for the catchment schools taking account of this. It is anticipated, taking account of the cumulative impact of known housing contained within both the housing land supply list and in the Local Plan, that the anticipated pupil product from this proposed development could be accommodated within the current capacities of the local schools. The Education Service do not, therefore, request a developer contribution in respect of this proposal.

vi) The Coal Authority Do not object to the proposed development subject to a condition relating to comprehensive and intrusive site investigation works being carried out to determine the extent of historic coal mining on site and any identified remediation measures being carried out to the satisfaction of the Planning Authority in consultation with the Coal Authority.

vii) SEPA Following the initial review of the submitted Flood Risk Assessment SEPA objected to the proposed development and requested further information in relation to flood risk and subsequent to its submission have accepted the findings of the report.

viii) Scottish Water Do not object to the proposed development.

ix) Scottish Power Do not object to the proposed development but note that they have apparatus in the vicinity and reserve the right to protect and/or deviate their cable/apparatus at the applicant’s expense.

x) Health and Safety Executive Do not object to the proposed development on safety grounds in relation to the adjacent pipeline.

8. Representations

a. Following the standard neighbour notification and press advertisement process 16 representations were received including one from Councillor Beveridge outlining concerns in relation to the substandard nature of the access and congestion issues. The remaining representations outline the following concerns:-

 The development is contrary to the proposed North Lanarkshire Development Plan which proposes to re-zone the site as Green Belt.  Traffic Impact / Road Safety / Access issues / Construction Traffic / Impact on the wider Road Network.  Loss of Green Belt / Loss of Recreational Area / Impact on Ecology  Lack of Amenities/Infrastructure to accommodate the proposals  School provision is at capacity in the area and in particular New Monkland Primary.  Additional Pollution of the Environment.  Plenty of brownfield sites to accommodate the housing shortfall in North Lanarkshire.  Potential for Noise and Dust pollution.  Overshadowing and overlooking of neighbouring properties.  Flooding and Drainage Issues.  Construction works may have a detrimental impact on the stability of existing properties given previous mining works in the area.  Impact on outlook/view of existing properties.  Negative visual impact.  Timescales for objection were limited for the Community Council given their meeting schedule.  The site is being advertised by the applicant as a future development and as such do they know something the residents do not.

b. 6 letters of representation including one in support were received outwith the neighbour notification period.

9. Planning Assessment a. This proposal raises no issues of a strategic nature and can therefore be assessed in terms of relevant North Lanarkshire Local Plan (NLLP) policies. The site is covered by local plan planning policy HCF2 A Locations for (short-term) housing development. The North Lanarkshire Local Plan also requires proposed developments to be assessed against DSP policies; DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP3 (Impact of Development) and DSP 4 (Quality of Development). In this instance, due to the scale and nature of the development, the proposal will be assessed against DSP 2, 3 and 4. b. The main issues to consider in the assessment of the application is the compatibility of the proposal with current local plan policy, impact of the development on the site and surrounding residential area in terms of layout, design and on the residential amenity of the neighbouring development with regard to loss of light, overlooking, road safety and traffic issues. c. The residential dwellings are proposed to be located on an area designated as HCF2 A Locations for (short-term) housing development within the NLLP which outlines that the Council will satisfy housing demand in the period up to 2011 through housing land supply sites listed in schedule HCF 2A1. The development of 146 new residential dwellings for sale would be viewed as a positive contribution to this location and surrounding residents. It is therefore considered the proposed development would comply with policy HCF 2A1. d. In terms of DSP2 (Location of Development) new development may be granted if consistent with the locational criteria including the reuse of Brownfield land. The proposed development would utilise a vacant area of land identified within the current Local Plan as a housing site and is therefore consistent with the Plan’s locational criteria. The application is therefore considered to comply with the objectives of policy DSP2. e. Policy DSP3 (Impact of Development) assesses the demand of new development on existing neighbouring community amenities and infrastructure and where new or extended amenities/infrastructure is required the cost to be met by means of developer contributions. As noted above NLC Education have confirmed that the anticipated pupil product from this proposed development could be accommodated within the current capacities of the local schools and a Developer Contribution is not required. As mentioned above NLC Play Service require the provision of on-site play facilities to service the site which the applicant has provided and the detail to be provided and approved by recommended conditions. NLC Roads require a scheme of additional traffic calming measures to be implemented on both Windsor Drive and Irvine Street. In addition Roads also recommended some minor road improvement works to the junction at B803 Sunnyside Road and Coltswood Road mini roundabout the improvements on balance that the works would achieve and the minor nature of the improvement are such that they are not considered to be of sufficient benefit to warrant their implementation in this instance. f. DSP 4 (Quality of Development) states that development will only be permitted where high standards of site planning and sustainable design are achieved. DSP 4 also requires all development to successfully integrate into the local area without causing any undue harm by relating well to existing surroundings and amenity through noise or disturbance. The general design guidance within DSP4 on new developments is augmented by the Council’s ‘Developers Guide to Open Space’. Combined this guidance considers housing density/mix, open space, detailed design, impact on amenity (privacy, overshadowing etc) roads, access and parking. g. Design Principles The applicant has submitted a Design Statement in support of the application which suggests that the scale and design including finishing materials of the dwellings would blend with the existing range of house-types in the surrounding area. There are 146 new barrier free properties being proposed with adequate garden space/amenity area satisfying the minimum guideline requirements. The properties are all well-proportioned internally offering a reasonable standard of residential amenity and parking provision. In terms of amenity the layout of the properties have been carefully considered to be sympathetic to the local area in terms of density, scale and massing. The layout is considered to provide logical and distinctive spaces with strong building lines, clear arterial routes and active frontages onto public spaces. The use of avenue features and squares is intended to provide an interesting approach to the site and reinforce the priority of pedestrian movement over vehicular movement. The entrance point to the site includes a transitional area of landscaping and a 90 degree turn that acts as natural traffic calming element to reduce traffic speed on entering the site. The new internal road layout would incorporate a primary entrance road and loop to adoptable standards with transitional node points leading to secondary shared surface streets and in keeping with ‘Designing Streets’ principles and underpinned by a Street Engineering Review (SER). The layout includes openness and passive supervision and a robust scheme of landscaping has been incorporated into the Design and the layout is fully engaged with and incorporated into the wider area while respecting the privacy and needs of existing residents to the south. The content of the statement is considered adequate and details of the layout have been subject to lengthy pre application consultation process and design alterations through the planning application process. h. Safe, Inclusive, Convenient and Welcoming Development The proposed site layout has been designed to take account of national policy guidance ‘Designing Streets’ in order to create an internal road network that slows traffic speed without additional traffic calming measures internally within the site.. As mentioned above in 6.1 NLC Transportation have no objections subject to conditions relating to off-site traffic calming measures and road improvement works for the mini roundabout junction located at Burnbank Road / Sunnyside Road and Coltswood Road, the latter of which is not considered to be of sufficient benefit to warrant their implementation in this instance. The streetscape has been designed to reinforce the priority of pedestrian movement over vehicular movement and has a contemporary approach and creates interest and a sense of place in terms of scale, design and range of development within the immediate area. The site has no significant level issues the scale, design and positioning of the dwellings have been carefully considered and the result is a well-designed development in keeping with the scale and design of existing dwellings types in the area that would create visual interest and not a visual intrusion. The design also includes passive access to the surrounding open space areas for pedestrians and maintains a significant landscape buffer on the periphery of the site which will be enhanced by further by additional planting and bio-diversity enhancement. The above detailed design elements therefore demonstrate the site achieves the aims and aspirations of Designing streets and the Councils Design Brief as a safe, welcoming development for all future residents of the housing. i. Energy Resources and Sustainable Development The proposal will result in sustainable development through the installation of the SUDS facility to serve the development and will improve its visual amenity. j. Air Quality, Noise and Pollution Impacts NLC Pollution Control have reviewed the ground conditions reports received with the application and confirm they have no objections to the proposed development. A condition of the application ensures a remediation strategy will be provided prior any development. In terms of the Air Quality Impact Assessment Protective Services have no objection subject to the construction of the development being implemented in accordance with the recommendations of the AQIA report including submission of a Dust Management Plan for approval prior to commencement of development on site. k. Water Body Status SEPA confirm no objection to the proposed development. A planning condition ensures the SUDS drainage scheme will be undertaken to comply with SEPA’s SUDS guidance and will be verified by suitable chartered engineer. l. Impact on Local Amenity The application site is located on a vacant site. A detailed scheme of boundary treatments would be secured through planning conditions to ensure appropriate treatments are in place to minimise any significant adverse amenity impacts on the proposed dwellings. The applicant has submitted detailed cross sections and proposed site levels and following detailed assessment of the site layout, it is considered that there are no significant adverse impacts on the amenity of the existing and proposed dwellings by virtue of overlooking, sunlight/daylight levels and privacy. m. In light of all of the above, it is considered that the proposal is in accordance with Policy DSP4 and the national planning policy document ‘Designing Streets’ in that the development would create a successful well designed place through the use of shared spaces, careful building positioning and use of landscaping to slow traffic speeds within the site layout.

Other Material Considerations n. The emerging North Lanarkshire Local Development Plan (NLLDP) proposes to designate the application site as Green Belt and outlines that the Council will protect the setting of communities, support regeneration by directing growth to urban areas, protect natural assets and provide a high quality environment, by promoting Green Belt as defined in the proposals maps. The Council will seek to encourage development appropriate for a Green Belt location by resisting inappropriate development, whilst allocating appropriate land for urban expansion. All proposals for housing in excess of 10 units should include an assessment of its impact on the Housing Land Supply, as required by the Clydeplan Strategic Development Plan. o. The proposed development is located within the Airdrie/Coatbridge sub market housing area which is identified as currently having a shortfall of housing provision. Given the established shortfall in housing land supply in the application site area it is considered that the development of the site for residential purposes would help to address an identified deficit. It is noted that the timing of the draft modified plan submission was prior to the identified shortfall for this area and thus the development of the site for housing can be seen to be adequately justified in terms of Green Belt policy in the emerging NLLDP in this instance. p. Turning to the letters of objection it should be noted:-

 The development is contrary to the proposed North Lanarkshire Development Plan which proposes to re-zone the site as Green Belt.

Response: Whilst it is accepted that the proposed North Lanarkshire Local Development Plan (NLLDP) does propose to re-zone the application site to Green Belt it should be noted that the NLLDP has not been through examination by the Reporter. There is therefore no certainty that the site would remain as Green Belt once through that assessment process. Furthermore the proposed development site is located within the Airdrie/Coatbridge sub market housing area identified as currently having a shortfall of housing provision and the proposed development would therefore provide additional units to help alleviate this shortfall. Given the assessment above and that the current zoning of the site within the North Lanarkshire local Plan (NLLP) is identified as a locations for (short-term) housing development and as such it is therefore considered that the development accords with the terms of the currently adopted NLLP and is therefore considered to be acceptable in policy terms.

 Traffic Impact / Road Safety / Access issues / Construction Traffic / Impact on the wider Road Network.

Response: As noted in the assessment above it is considered that the proposed development has been designed to take account of national policy guidance ‘Designing Streets’ in order to create an internal road network that slows traffic speed without requiring additional traffic calming measures. The new internal road would be to adoptable standards and in keeping with ‘Designing Streets’ principles and underpinned by a Street Engineering Review (SER). In addition a condition is proposed for a scheme of additional traffic calming measures to be implemented on both Windsor Drive and Irvine Street to further mitigate any effects of the increased traffic throughput. Having consulted NLC Roads Development Team they have no objections to the proposed development subject to appropriate conditions as noted above.

 Loss of Green Belt / Loss of Recreational Area / Impact on Ecology

Response: Although it is regrettable that some of the existing trees and hedging will be required to be removed as part of the re-development of the site it is considered that the landscaping proposed and benefits of the re-development of the site outweigh the retention of this planting and open space area. A condition requires that the scheme of tree and shrub planting which incorporates a detailed scheme of biodiversity enhancement and the site whilst currently open space is not designated as green belt in the current adopted local plan and is identified currently as a housing development site. It is therefore considered that the re-development of the site is acceptable in this instance.

 Lack of Amenities/Infrastructure to accommodate the proposals and School provision is at capacity in the area and in particular New Monkland Primary.

Response: With reference to the consultation responses above it is noted that the Council’s Roads department are satisfied that the proposed development can be accommodated at this location without significant detriment to the wider road network. NLC Education have confirmed that taking account of the cumulative impact of known housing contained within both the housing land supply list and in the Local Plan, that the anticipated pupil product from this proposed development could be accommodated within the current capacities of the local schools. In addition NLC Play Services are content that the level of play provision within the site adequately meets that required for a development of this size. It is not therefore considered that there are a lack of amenities and infrastructure to accommodate the impact of the proposed development in this instance.

 Additional Pollution of the Environment and Potential for Noise and Dust pollution.

Response: It is accepted that there will always be a degree of noise and disturbance associated with any development, however this will be for a temporary period and it is not considered that the disturbance would be such that it warrants refusal of the application in this instance. In terms of dust the applicant has carried out an Air Quality Impact Assessment (AQIA) which having been assessed by Pollution Control has been accepted subject to construction of the development being carried out in accordance with the recommendations of the AQIA report including submission of a Dust Management Plan. It is considered that the development can be accommodated without detriment to the wider area in terms of noise and pollution.

 Plenty of brownfield sites to accommodate the housing shortfall in North Lanarkshire.

Response: As noted above the application site is identified as a housing development site within the currently adopted North Lanarkshire Local Plan and is therefore considered to be a suitable housing development site for the reasons outlined in the planning assessment above.

 Overshadowing and overlooking of neighbouring properties.

Response: The proposed development can be accommodated without detriment to the amenity of the existing and proposed residents in terms of overlooking and overshadowing as the development incorporates sufficient separation distances in terms of windows and built form.

 Flooding and Drainage Issues.

Response: Having consulted SEPA and Scottish Water they have no objections to the proposed development subject to conditions in relation to provision of an appropriate SUDS compliant surface water drainage scheme certificate by a Chartered Civil Engineer experienced in drainage works. A condition is recommended to secure the provision of appropriate drainage infrastructure on-site.

 Construction works may have a detrimental impact on the stability of existing properties given previous mining works in the area.

Response: Having consulted the Coal Authority they have no objection to the proposed development subject to conditions relating to comprehensive and intrusive site investigation works being carried out to determine the extent of historic coal mining on site which will allow any required remediation measures to be identified and carried out if necessary. A condition is recommended to secure the mineral stability of the site prior to the commencement of development.

 Impact on outlook/view of existing properties and Negative visual impact.

Response: Whilst it is accepted that the proposed development will alter the current view experienced by the properties that currently back onto the application site there is no right to a view in terms of the planning assessment of development. Furthermore it is considered that the development retains a reasonable landscape buffer between the proposed new dwellings and the existing dwellings to the south which will further limit its impact.

 Timescales for objection were limited for the Community Council given their meeting schedule.

Response: Whilst it is unfortunate that it was considered that the timescales for commenting on the proposals were considered to be limited due to the Community Council Meeting Schedule it should be noted that the statutory timescales for commenting on the proposed application were afforded to both the Community, Community Council and any other interested parties for the application.

 The site is being advertised by the applicant as a future development and as such do they know something the residents do not.

Response: The application is currently being considered by the Planning Authority and is subject to the standard assessment process for such a development. Within that process the applicant is entitled to advertise the site on the basis of any outcome they may anticipate in terms of the Council’s decision however the Council ultimately take the decision at the Planning Committee in this instance and therefore it is at the applicants risk to pre-judge the outcome of the application prior to a formal decision being taken.

10. Conclusions a. The proposed development is considered to be acceptable in terms of its impact upon the site and the surrounding residential area. The development would utilise the existing infrastructure, facilities and road network. There would also be no unacceptable impact on environmental assets. The dwellings are considered to be of a good design and comply with the terms of the policies of the North Lanarkshire Local Plan in that the development does not result in the loss of amenity, affect the character of the surrounding area or harm road and pedestrian safety. The development could be comfortably accommodated within the site and there would be no negative amenity issues in terms of loss of sunlight or privacy of the neighbouring dwellings. The proposed scale and design have remained sympathetic to the existing dwellings to the south of the site coupled with a scheme of landscaping that creates an additional buffer surrounding the site and as such would not have a significant adverse visual impact on the wider are. The application has been satisfactorily progressed to the position where outstanding and final detail can be confirmed via conditions. b. The proposed development is considered to meet the criteria set out in the development policies contained within the North Lanarkshire Local Plan. Furthermore the development of the site for housing is considered to be adequately justified in terms of Green Belt policy in the emerging North Lanarkshire Local Development Plan given the established shortfall in housing land supply in the Airdrie/Coatbridge sub market housing area and the proposed development would help to address an identified deficit. There are no material considerations that would merit refusal of this application. Accordingly, it is recommended that planning permission be granted.

Application No: Proposed Development:

19/00013/FUL Formation of new access from Antonine Road through existing landscaped area to ‘Lismore’, The Lane, Dullatur.

Site Address:

Lismore The Lane Dullatur Cumbernauld G68 0AU

Date Registered:

26th February 2019

Applicant: Agent: Mr Colin Stewart N/A Lismore The Lane Dullatur Cumbernauld G68 0AU Application Level: Contrary to Development Plan: Local No

Ward: Representations: 02 Cumbernauld North 10 letters of representation received. Danish Ashraf, Calum Currie, Tom Fisher, Alan Masterton,

Recommendation: Approve Subject to Conditions

Reasoned Justification: The proposed access is satisfactory in terms of proposed design and road safety considerations and complies with the relevant local plan policies

Reproduced by permission of Planning Application: 19/00013/FUL the Ordnance Survey on Name (of applicant): Mr Colin Stewart behalf of HMSO. © Crown Copyright and database right Site Address: Lismore 2009. All rights reserved. The Lane Ordnance Survey Licence Dullatur number 100023396. Cumbernauld G68 0AU

Development: Formation of new access from Antonine Road through existing landscaped area to ‘Lismore’, The Lane, Dullatur.

Proposed Conditions:-

1. That the development hereby permitted shall be carried out strictly in accordance with the approved details submitted as part of the application and no change to those details shall be made without prior written approval of the Planning Authority. For the avoidance of doubt the drawing approved is Proposed Access Road gradient amended rev a June 2019.

Reason: To clarify the drawings on which this approval of permission is founded.

2. That notwithstanding the details approved under the terms of condition 1 above and unless otherwise agreed in writing by the Planning Authority, the first 10 metres of the access hereby approved shall be at a gradient of 1:10 from Antonine Road and the full length of the access shall be surfaced in a hard black top surface to the satisfaction of the Planning Authority.

Reason: In the interests of road safety and residential amenity.

3. That unless otherwise agreed in writing by the Planning Authority, the existing vehicular access serving ‘Lismore’ onto The Lane shall remain open.

Reason: To provide an alternative vehicular access.

4. That the access hereby approved shall be for the sole use of the property known as ‘Lismore’, The Lane Dullatur and for no other dwellings within The Lane.

Reason: In the interests of road safety and residential amenity.

Background Papers:

Consultation Responses:

Traffic & Transportation received 20th March and 30th August 2019

Contact Information:

Any person wishing to inspect these documents should contact Mr Paul Williams at 01236 632500

Report Date:

13th September 2019 APPLICATION NO. 19/00013/FUL

REPORT

1. Site Description

1.1 The application site consists of part of the garden curtilage of the dwelling known as ‘Lismore’, The Lane, Dullatur and the intervening land between it and Antonine Road to the south which is the access road into the Victoria Grange housing estate which consists of 58 dwellings. The intervening land contains some trees and shrubs and forms part of a larger area of passive amenity planting which relates to the Victoria Grange estate. The intervening land and garden area in question slopes downwards to the north by approximately 2 metres from Antonine Road to the existing garden area of ‘Lismore’.

2. Proposed Development

2.1 The applicant proposes to form a vehicular access from his curtilage to Antonine Road over a length of 24 metres, a width of 3.3 metres and a general gradient of 12% which would involve the removal of two Laurel bushes and some low lying shrub bushes. A dropped kerb of 3.3 metres width is proposed approximately 14 metres west of the existing visitor parking lay by on the north side of Antonine Road.

3. Applicant’s Supporting Information

3.1 The applicant has stated that the additional access would provide a more convenient and direct access than the existing long and poorly surfaced ‘The Lane’ access road. Additionally that in terms of large plant loss, the proposal would only result in the loss of two Laurel bushes and that maintenance of this planted area has been infrequent.

4. Site History

4.1 There is no relevant site history.

5. Development Plan

5.1 The site lies within an existing residential area and is covered by Policy HCF1 A (Protecting Existing Residential Amenity) in the North Lanarkshire Plan. It should also be noted that a small part of the south-eastern end of the site forms part of a Tree Preservation Order (TPO) – Policy NBE 1 4d.

5.2 Policies DSP 4 (Quality of Development) in the local Plan is also relevant to the assessment of the proposal.

6. Consultations

6.1 NLC Traffic and Transportation has expressed no objections to the proposal provided that:-

 The proposed access road as revised going from 20% gradient to 12% gradient should be a 10% gradient at least for the first 10 metres from where it connects with the public road (Antonine Road) into the applicant’s curtilage.

7. Representations

7.1 A total of 10 letters of representation have been received (including one from the Factors – Hacking and Paterson) within the neighbour notification period covering the following points:-

 The applicant does not own the land in question.  The applicant has no right of access.  Loss of planting/trees.  Land in question is communally owned by residents of Victoria Grange.  Proposal will result in increased traffic and noise.  Steep driveway leading to poor access visibility and road safety issues.  Disruption caused by construction works.  Loss of visitor parking.  The site is within the Conservation Area and therefore any affected trees would be protected.

8. Planning Assessment

8.1 Under the terms of Section 25 of the Town and Country Planning (Scotland) Act1997, Planning Authorities are required that in determining planning application proposals, where regard is to be had to the Development Plan, determination should be in accordance with this Plan unless material considerations indicate otherwise. In this instance there are no strategic implications and the application will therefore be considered in relation to Local Plan Policy. Therefore the proposal requires to be determined under the terms of the North Lanarkshire Local Plan and any other material considerations.

8.2 The application site is zoned within an established residential area (Policy HCF1 A) which seeks to protect residential amenity. In such areas there is a presumption against developments detrimental to residential amenity in primarily residential areas. It should be noted that HCF1 A does not identify sites for specific residential development but rather identifies and seeks to protect existing residential areas and residential amenity.

8.3 With regard to both policies HCF1 A (Protecting Residential Amenity) and DSP4 (Quality of Development) an assessment has to be made. With regards to the proposed layout, it is considered that the proposed access road is acceptable in terms of design and road safety for the reasons given in paragraph 8.4 below and also because it is considered that there will be no loss of trees and no significant loss of existing vegetation and as such, no significant impact on residential amenity.

8.4 A small part of the site lies within a Tree Preservation Order and therefore an assessment has to be made against the relevant policy - NBE1 4d. In this case the proposal would not result in the loss of any trees and as such, it is therefore considered that the proposal complies with this policy.

Consultations

8.4 The comments of NLC Roads have been addressed through the submission of an amended drawing. The proposed gradient has been redesigned to reduce the steepness as much as possible going from 20% to 12%. NLC Roads has confirmed that a 10% gradient is achievable for the first 10 metres of any future connection with the public Road (Antonine Road) into the application site. An appropriate condition can be applied to ensure this which would make access visibility acceptable and therefore address any road safety concerns in this regard.

Points of Objection

8.5 The points of objection are assessed as follows :-

 The applicant does not own the land in question.

Comment: This is correct however ownership is a separate legal consideration outwith the remit of planning.

 The applicant has no right of access.

Comment: This is correct however rights of access is a separate legal consideration outwith the remit of planning.

 Loss of planting/trees.

Comment: It is agreed that the proposal will result in the loss of some planting. The applicant has confirmed that no trees are involved however two Laurel bushes and some low lying shrubs would be involved.

 Land in question is communally owned by residents of Victoria Grange.

Comment: Agreed, however ownership is a separate legal consideration outwith the remit of planning.

 Proposal will result in increased traffic and noise.

 Comment: The proposal if enacted would result in an increase in traffic. However, it is not considered that there would be a significant increase as it would be traffic from one household and the existing access from ‘The Lane’ would remain open through the imposition of an appropriate planning condition.

 Steep driveway leading to poor access visibility and road safety issues.

Comment: The proposed gradient has been redesigned to reduce the steepness as much as possible going from 20% to 12%. NLC Roads has confirmed that a 10% gradient is achievable for the first 10 metres of any future connection with the public Road (Antonine Road) into the application site. An appropriate condition can be applied to ensure this which would make access visibility acceptable and therefore address any road safety concerns in this regard.

 Disruption caused by construction works.

Comment: All development causes disruption, however the onus is on the developer to ensure that disruption is kept to an acceptable level and that public safety and access is maintained.

 Loss of visitor parking.

Comment: The visitor parking bays approximately 14 metres to the east of the proposed access would remain unaffected.

 The site is within the Conservation Area and therefore any affected trees would be protected.

Comment: The site is not within the Conservation Area. However, a small part of the site lies within a larger area protected by a Tree Preservation Order. In this case, it is understood that no trees would be affected.

9. Conclusions

9.1 In conclusion, it is considered that this proposal is acceptable in terms of design, road safety, residential amenity and loss of no protected trees. As such, the proposal complies with Policies HCF1 A, DSP 4 and NBE1 4d of the North Lanarkshire Local Plan and this application is therefore recommended for approval subject to the imposition of the appropriate planning conditions.

Application No: Proposed Development:

19/00909/FUL Construction of 9 Dwelling houses Site Address:

Site To The East & West Of King's Drive & North Of Dullatur Road Westerwood Cumbernauld

Date Registered:

Applicant: Agent: Mr Craig McGarvie N/A Ogilvie House 200 Glasgow Road Stirling Scotland FK7 8ES

Application Level: Contrary to Development Plan: Yes (in part) Local

Ward:02 Cumbernauld North Representations: Danish Ashraf, Calum Currie, Tom Fisher, Alan Masterton, 176 letters of representation received. ,

Recommendation: Refuse

Reasoned Justification:

Residential development on this site is considered to be contrary to the Development Plan. The proposal will significantly erode the setting, character and visual amenity of the area and remove the transitional identity function of this community facility as an area of passive open space. This will be to the detriment of the existing amenity and sense of place, as such, the proposal is considered to have an unacceptable adverse impact on established residential amenity of the area contrary to Local Plan Policy.

Note: Should members be minded to approve the application planning permission shall not be issued until Section 75 Legal Agreement has been finalised to cover the developer’s commuted financial contribution in accordance with the Councils Affordable Housing Policy

.

Reproduced by permission of Planning Application: 19/00909/FUL the Ordnance Survey on Name (of applicant): Mr Craig McGarvie behalf of HMSO. © Crown Copyright and database right Site Address: Site To The East & West Of 2009. All rights reserved. King's Drive & North Of Dullatur Road Ordnance Survey Licence Westerwood number 100023396. Cumbernauld North Lanarkshire Development: Construction of 9 Dwelling houses

Refuse for the following Reason:-

1. The proposed development is considered detrimental to of the character and setting of the area and thereby contrary to policies HCF1A, HCF1B and DSP 4 of the North Lanarkshire Local Plan as it is considered that the removal of this area of amenity open space (including trees) would have a detrimental impact on the setting and established amenity of both the adjacent dwellings and wider housing area. The site offers a valuable established landscape buffer which contextually provides balance to the existing street scene and local morphology by complementing existing boundary planting and in conjunction with other areas of open space around the current Kings, Queens Drive estate cumulatively, contributes to and maintains a valued sense of place as set out in the National guidance on design ‘Designing Streets’.

2. Part of the site is covered by policy HCF1B. As such, the proposed residential development is contrary to this policy in that it seeks to develop dwellings within an area identified for the Protection of Community Resources (Open Space) Policy HCF 1B in that the proposal is inconsistent with locational criteria. Where the council will protect those facilities in maintaining community well-being.

3. The proposed development does not accord with the principles of sustainable design by virtue of location as this site forms an important landscape design component framing the urban area which functions as a means of attracting people into their local natural environment by maintaining community access, recreation opportunities and environmental quality close to and within the community, as such, is contrary to the sustainability aims of policy DSP 4 of the North Lanarkshire Local Plan.

4. At present the area proposed for development acts as a green corridor between two areas of greenspace to the north and south east of the site. The proposal will result in fragmentation between these sites contrary to the aim of Local Plan Policy DSP4 (3b) which seeks to integrate green networks. In terms of the Councils next plan the site is specifically identified category A4 Urban Green Network which seeks to protect natural areas including urban wildlife corridors, trees and woodlands and other green open spaces contributing to the quality of life in local communities

5. That should planning permission be granted a precedent will be set for inappropriate development on Protected Community Facilities (open space).

Background Papers:

Consultation Responses:

The Coal Authority letter received 1st August 2019 NLC Protective Services memorandum received 9th August 2019 NLC Greenspace memorandum received 10th September 2019 Scottish Water letter received 26th July 2019 NLC Affordable Housing Consultations memorandum received 9th August 2019 Traffic & Transportation memorandum received 8th August 2019 NLC Education memorandum received 25th July 2019

Contact Information:

Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01236 632500

Report Date: 12thSeptember 2019 APPLICATION NO. 19/00909/FUL

REPORT

1. Site Description

1.1 The site sits adjacent to Dullatur Road and has a linear appearance separated into two sections each dissected by the access Road Kings Drive. The smaller section of the site would contain two dwellings with the larger section containing 7 dwellings both accessed from Kings Drive. The site is bounded to the east by an established residential development, to the north by a converted farm steading North Farm and an area of public open space. To the west lies a residential development of 220 dwellings currently under construction bound by a mature hedge line. The south is bounded by an area of woodland. The proposed development site is an area of landscape buffer adjacent to both Kings Drive and Queens Drive and was laid out as such at the time of this development. The application site measures approximately 0.99 hectare and is relatively level with an area of woodland to the south of the site.

2. Proposed Development

2.1 The applicant is seeking to develop 9 two storey detached dwellings in a linear development with access taken from Kings Drive. The dwellings incorporate a mixture of integral and detached garages as well as in-curtilage parking and garden ground which adequately meets the Council’s space standards for such dwellings. The applicant proposes a mix of 3 house types (all two storey with dual pitched roof) over the site including the following:

o 3 Type A’ 5 Bedroom Detached with integral double garage. o 4 Type B’ 4 Bedroom Detached with garage. o 2 Type C’ 4 Bedroom Detached with integral double garage.

2.2 All the above house types will have dual pitched roofs and be finished in a mix of concrete roof tiles and render finish with feature stone areas.

2.3 It is proposed that area (1) of the development will contain two dwellings accessed directly from Kings Drive where house types include type A’ with its principle elevation facing the access to North Farm and Type B’ Principle with its principle elevation facing Kings Drive. Within Area 2 Types A’ and C’ will have their principle elevations facing perpendicular to the new access road while type B will have its principle elevation facing Dullutar Road. The development layout is arranged around a central access road leading to in curtilage driveways. The site is connected to the wider footway network along Dullutar Road. There are intermittent small areas landscaping throughout the development.

3. Applicant’s Supporting Information

3.1 The applicant has submitted additional supporting information including a Planning Statement, Landscape Design, Architectural Design Statement, Ecological Assessment, Drainage Assessment, site investigation Geo-Environmental Report, Tree Survey and Street Engineering Review and Report.

4. Site History

4.1 The site and surrounding area formed part of a wider housing release in terms of a new town expansion which received detailed consent through the former Cumbernauld Development Corporation.

4.2 The initial application for the site 15/02136/FUL for the erection of 11 dwellings was presented to the Planning and Transportation Committee on the 27th January 2016 with a recommendation for refusal (on loss of residential amenity) and was continued to hold a hearing at the applicants’ and objectors’ request. The Planning and Transportation Committee held a hearing on 23rd March 2016 where the application was refused.

4.3 The applicant subsequently appealed the Council’s decision to refuse planning consent to the Planning and Environmental Appeals Division which was dismissed by the appointed reporter on the 4th November 2016 appeal reference (PPA-320-2104).

4.4 There followed a further application, 17/00191/FUL again proposed Erection of 11 No. New Dwellings was presented to the Planning and Transportation Committee on the 27th January 2016 with a recommendation for refusal (on loss of residential amenity).The Planning and Transportation Committee refused the application on the 22nd March 2017.

4.5 The applicant subsequently appealed the Council’s decision to refuse planning consent to the Planning and Environmental Appeals Division which was dismissed by the appointed reporter on the 14th August 2017 appeal reference (PPA-320-2115) on grounds of impact on protected species (Bats) and loss of amenity through the removal of trees.

5. Development Plan

5.1 The application site is covered predominantly by policy HCF 1A (Protecting Residential Amenity and Community Facilities) - Residential Areas in the North Lanarkshire Local Plan. In addition a smaller section of the site is zoned as HCF1 B1 Community Facilities. Policies DSP 1-4 are also relevant

6. Consultations

6.1 The consultation responses are summarised below:-

The Coal Authority The site falls within a Coal Authority Zone 1 within the development high risk area and following consultation note that the application is supported by a Geo-Environmental Ground Investigation Report based on the findings of the submitted site investigation report and intrusive investigations the Coal Authority has no objection to the application.

Protective services has no objection to the proposal and provided advice on construction noise, hours of operation, importation of materials and waste materials on site. A site investigation for potentially contaminated sites report was recommended. Subsequently any remedial measures identified should be the subject of a remediation strategy report prior to commencement of development.

Traffic & Transportation Did not object to the proposal with comments being provided on the initial layout to which the applicant responded on a point by point basis. The applicant thereafter submitted a revised layout taking cognisance of the points raised by Roads that was accepted.

Scottish Water has no objection to the proposal

Local Housing Strategy NLC Affordable Housing advised on the Council’s Affordable Housing Policy HCF3 seeks provision of a proportion of affordable housing in the Cumbernauld Sub Market Area. In this instance, where the site capacity has been indicated as. 9 units, there will be a requirement for a commuted sum equivalent to provision of 25% affordable housing. The commuted sum amount will be determined by the District Valuer Service (DVS).

NLC Greenspace (ecology) provided comments on the protected species survey and noted that no protected signs of protected species were recorded during the survey. An updated survey will be needed if works have not commenced within 1 year of this survey. The trees proposed for planting within the woodland are all native and appropriate for the site. Green space commented that at present the area acts as a green corridor between two areas of Greenspace to the north and south east of the site. The proposed planning layout looks to cause fragmentation between these sites. Trees are to be planted along the western boundary of the site within the front gardens of the proposed housing, although this will be beneficial for much wildlife it would not create a good wildlife corridor due to lighting and road issues. Greenspace Development strongly recommends that the layout design is changed to provide of a continuous habitat corridor along the eastern boundary of a width of at least 4 meters with no lighting directed near this. This could be in the form of a native hedgerow with native tree groups. The biodiversity officer commented that Green networks can deliver a wide range of other benefits: improving health and well-being, enhancing biodiversity, helping to mitigate against climate change, providing business and educational opportunities, encouraging tourism and promoting sustainable use of scarce land resources. There are no known rights of Way or core paths within the boundary of the proposed development. NLC Education: The proposed development lies with the catchment area of Cumbernauld Primary and St Andrew Primary schools in Cumbernauld. Pupils from these schools normally transfer to Our Ladies High and Cumbernauld Academy schools for secondary provision. This Service anticipated that the schools in this area will be in a position to absorb the small number of pupils likely to be generated from this development. Education would not therefore raise any objection or request a developer contribution in relation to this application.

7. Representations a. Following the standard neighbour notification process and press advertisement 176 letters of representation (5 of which were received from the same objector) have been received from local residents and included Dullatur Community Council, Councillor Masterton, Mr J Hepburn MSP/ Mr S MacDonald MP (joint submission) and Westerwood Community Council. Their comments received are summarised below:-

Policy b. The site is designated planned and established open space and is actively used and has undergone a level of personalisation by local residents who have maintained the site on behalf of their community. The community view the proposal as a Loss of community identity. c. The Proposal is contrary to the Local Plan representing the erosion of local amenity through the loss of green space. The proposal is not justified on grounds of housing need as an area of active open space. Good urban planning should take into account the wellbeing of people who live in the area, the proposal offers no improvements to existing residents. This land is green network in the modified proposed LDP as such the application is contrary to NLC plans to preserve this area as a green network site. Developing this site sets a precedent for further removal of green space elsewhere in the area. Previous applications similar to this one and on this site have been refused and dismissed on appeal. There is no material change from previously dismissed applications. That said, residents comment that an additional 220 houses have been built opposite since the appeal decision resulting in a loss of area used by the community. Current level of housing provision in the area is oversubscribed. Prior to March 2019 there were numerous trees and the area was well maintained the owner however cut down most of the trees and left only a few. The removal of trees is contrary to the Scottish Government declaring a climate emergency. The latest IPPC climate change and land report highlights the importance of land in adapting to climate change. Land is part of the solution and therefore should be prioritised and protected. The site should be planted with trees. d. The site does not comply with the Cumbernauld Local Plan 1993 where there will be a general presumption against any development which would substantially and adversely affect the surrounding area by virtue of its car parking or traffic generation implications. Similarly it does not comply with the Cumbernauld Local Plan 1993 on design and impact policy. e. The proposal will result in an adverse impact on the Green Belt as such contravenes government policy which favours brown field sites.

Design f. The removal of entrance walls to the existing estate will erode the current sense of arrival. The layout and density are not in keeping with the surrounding area. The proposal creates a semi urban environment. Visitor parking is insufficient resulting in on street parking. The proposal will impact on an existing walker’s path used by the community.

Amenity impact g. The development is overbearing, out of scale and not in keeping with the character of the area and will result in overlooking, overshadowing, Loss of privacy ,result in glare from vehicle head light impacting existing neighbouring dwellings. The area of open space acts as a landscaped buffer providing a significant level of amenity for existing residents. The unique character of the area is being gradually eroded by sequential developments. The site is a community resource forming an integral part of the health and wellbeing of residents. h. Residential Development of the land opposite (formally used for recreational activities by nearby residents) has meant that the site currently under consideration is now more intensely used by existing and new residents as community open space for community activities.

Road safety i. The current design will encourage unsafe on street parking due to the building arrangement and poorly designed pedestrian access. The current layout will result in a reduction of road safety by encouraging the Road Crossing Dullatur Road via Pedestrian access to Dullatur Road. No traffic calming (horizontal) or speed cameras are proposed for Dullatur road. The proposal will result in parking along Dullatur Road. Junctions proposed are unsafe.

Infrastructure j. The following comments on infrastructure were received:

 Impact on local infrastructure is not sustainable. Infrastructure includes:  A lack of public transport servicing this area leading to dependency on private car use.  Impact on existing drainage infrastructure (this land is used as a drainage soakaway)  Local Education provision being over subscribed  Local Doctor Surgery at full capacity  Parking at Croy Station over capacity  Traffic congestion is a frequent occurrence  Addition to transport analysis for the site opposite currently under construction is unknown  There are few children’s parks.  There is a lack of shops and community facilities in the wider area Ecology k. The site acts as a Wildlife corridor and its development will result in loss of habitat. l. Healthy trees removed in advance of the application by land owner. The landowner has taken a systematic and immoral approach to remove most of the trees and shrubs from the site area. Trees were felled in advance of this application to accommodate the development. This is an attempt to circumvent the planning process and previous decision by the Scottish government. Pollution m. The proposal will result in additional vehicle pollution and increased traffic noise. Noise pollution resulting from the proposal will be unacceptable. The proposal will result in odours. Landscape n. The proposal will result in an unacceptable impact on the rural landscape. Non material o. The following comments are not material to the assessment of a planning application;

 Construction noise, dirt, disturbance will result.  Property devaluation  Deterioration of road surface  Light pollution from street lighting  Inconvenience of construction works  Too many houses being built  Why is the site not in public ownership?  Infestation of vermin  The area is over populated  Disturbance to existing residents through construction activity  Loss of view/outlook  Land should be brought into the ownership of the council and Ogilvie prosecuted for the recent felling of trees.  Residents should acquire the site for a community garden  Area should be designated for recreational use  The Council should rule the application inadmissible.

8. Planning Assessment

8.1 Under Section 25 of the Town and country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the relevant development plan unless material considerations indicate otherwise. The application raises no strategic issues in terms of the Glasgow and the Clyde Valley Strategic Development Plan and therefore it can be assessed in terms of local plan policy.

8.2 The Development Plan consists of the Clydeplan Strategic Development Plan 2017 and the North Lanarkshire Local Plan. The application is not of strategic significance by virtue of Schedule 14 due to the site area and location. The principle policy designations of the site in the adopted Local Plan protects the site as a Community Facility and residential amenity.

North Lanarkshire Local Plan

8.3 Policy HCF1A (Protecting Residential Amenity and Community Facilities) - Residential Areas in the North Lanarkshire Local Plan sets out that there is a presumption against developments detrimental to residential amenity in primarily residential areas. It is considered that the development of the site currently open space in the urban area for residential purposes does not accord with accord HCF1A, in that, the site currently attracts residents into their local natural environment providing community and recreational opportunities close to and within an adjacent area of significant environmental quality. Its loss would therefore result in a significant loss of residential amenity. This is further discussed under policies DSP 1-4.

8.4 Considerations include the impact of the proposal on the character and amenity of the area. In considering joint principle policy HCF 1 B1 (Community Facilities) it is noted that the policy seeks to maintain community well-being in residential areas by protecting those community facilities shown on the proposals map. The proposal to develop this community facility for residential purposes does not accord with the principle policy which seeks to develop what is seen as a valued community facility (as evidenced by letters of representation) in view of its attractive nature providing an open and pleasant setting and separation to the existing built form, as such the section of the site designated HCF 1 B1 is considered contrary to the Local Plan. This is discussed further under policy DSP4 (Quality of Development).

8.5 Policy HCF3 (Assessing Affordable Housing Development) requires that for sites of 5 to 19 dwellings, the Council will seek payment of a commuted sum, in lieu of site provision, of value equivalent to the cost of providing the percentage of serviced land required by the Affordable Housing Policy. It is noted that the applicant has accepted in principle the provision of Affordable Housing and is willing to enter into early discussion on how this is best achieved their agreement in fully complying with this policy and provision of an agreed commuted sum in line with the Affordable Housing Policy Guidance, should members be minded to approve the application.

8.6 Policy DSP1 ‘Amount of Development’ becomes important in considering a potential addition to the supply of housing land, Criterion B Potential Additions to Planned Land Supplies due to the Community Facility status of the site. Additions to housing land supplies greater than 10 units on greenfield or non- urban brownfield locations outside identified sites require to be justified by demand assessments. Given the current position of the development plan, it follows that this proposal (being 9 dwellings) does not represent an addition to the planned land supply. As such, DSP1 and subsequent locational assessment under DSP2 ‘Location of Development’ is not considered.

8.7 Policy DSP3 (Impact of Development) assesses the demand of new development on existing neighbouring community amenities and infrastructure and where new or extended amenities/infrastructure is required the cost to be met by means of developer contributions. Of particular interest in this instance, Education have not requested a developer contribution and no other upgrade requirements have been identified. The application is therefore considered to comply with the objectives of policy DSP3.

8.8 DSP4 Quality of Development: This policy considers development specific impacts in terms of existing site attributes and provides a range of assessment criteria which are addressed in turn below:

8.9 Part 1 & 2: The applicant has submitted various supporting information noted in section 3 above setting out their appraisal of the existing character and features of the site and its setting. That said it is considered that the proposed development will result in a detrimental impact on the character and setting of the area and by consequence its intrinsic amenity value. The application site offers a planned and valuable landscape buffer to the existing built form at both Kings and Queens Drive with established entrance features and planting provides a desirable set-back for development away from Dullatur Road. This is particularly relevant given the recent and ongoing construction of 220 new dwellings on the opposite side of Dullatur Road and a desire to avoid the effective coalescence of both the existing and proposed development in complementing the existing planted buffer along the recent development boundary.

8.10 Part 3(a) Siting, Overall Layout, density, form, scale, height, massing, proportion, detailing, colour, materials and open space and Part 3(f) integrating successfully into the local area and avoiding harm to the neighbouring amenity. In terms of layout, it is acknowledged that a traditional roads layout is not proposed and as noted above NLC Traffic and Transportation have recommended changes to the original submission relating to the proposed access, visibility splay and general internal layout arrangements of the development. It is accepted and demonstrated that these matters may be addressed by amendments to the initially submitted layout of the development. Part 3(f) integrating successfully into the local area is discussed in further detail below in considering what this means for the existing residential area.

8.11 The Developers Guide to Open Space minimum space around dwellings guidance requires that houses provide 3m side garden ground and 10m rear garden length. The overall layout of the site meets these requirements and given the distance and orientation of the plots and associated outbuildings are such that the can be accommodated without detriment to the existing neighbouring properties in terms of overlooking and overshadowing. As the development is less than 30 units there is no requirement for formal play provision to be accommodated within the site. The site is flat and level with that of the adjacent properties to the east and as such there are no level issues or retaining elements required in the layout.

8.12 Part 3(b) safe inclusive convenient and welcoming development. Attractive pedestrian links, integration with public transport, green networks, wider links, access for cars and appropriate car parking being well located. The proposal shows a singular access to Kings Drive. As noted above NLC Traffic and Transportation provided comment on the application relating to the proposed access, visibility splay and general internal layout arrangements of the development which were found to be generally acceptable. It is reasonable to consider this site an important component of the urban area and a means of attracting people into their local natural environment by maintaining community access, recreation opportunities and environmental quality close to and within the community. In this respect this site functions as part of the Green Network and its loss could therefore reasonably be considered contributing to the integration of such networks. The site does not present an opportunity for integration with public transport by virtue of scale resulting in dependency on private vehicles.

8.13 Part 3(c) Sustainable Development: Having assessed the proposed development it is considered that the proposed development do not accord with the principles of sustainable design by virtue of location as this site forms an important component of design of the urban area and a means of attracting people into their local natural environment by maintaining community access, recreation opportunities and environmental quality close to and within the community.

8.14 Part 3(d) Mitigating likely air quality, noise or pollution impacts: The development of the site would not result in a significant increase in residential units and, as such, is highly unlikely to increase any impact on air quality. It is acknowledged that there will be noise associated with construction works, however this impact will be temporary. Ground investigation works would form part of recommended conditions should the application be approved contrary to our recommendation and, should any contaminants be found as a result of the investigation, suitable mitigation works would be carried out. Protective Services have no objections to the proposed development subject to recommended conditions.

8.15 Part 3(e) Protecting Water bodies and SUDS/Drainage: There are no water courses within the site which require specific protection and neither SEPA nor Scottish Water has objected to the proposals. A condition is recommended requiring the submission of a more detailed certified drainage scheme.

8.16 Part 3(f) Integrating successfully into the local area and avoiding harm to the neighbouring amenity by relating well to the existing context: This policy is in two parts the first being the contextual element considering the existing local area. The other part considers the avoidance of adverse impact resulting in loss of loss of privacy, sunlight daylight, amenity and disturbance to existing and proposed dwellings. In considering the contextual part the form and positioning of this site (open space) at this location provides balance to the existing street scene and morphology, forming the context of the area by complementing the existing boundary planting opposite and in conjunction with other areas of open space around the current Kings, Queens Drive estate these areas of open planned space and boundary planting cumulatively contribute to and strengthen the existing sense of place. Removal of components of this form will therefore erode the exiting context and consequentially diminish existing levels of residential amenity as discussed above under principle policy HCF1. As such, the proposal in eroding a component of the planned established form contributing to a sense of place will consequentially result in a significant loss of amenity. This may be observed in considering the recent loss of trees. Given this contention and in considering the foregoing sections of the policy it is considered that the proposal does not on balance comply with Policy DSP4 on (Quality of Design).

Other Material Considerations

Local Development Plan Modified Proposed Plan

8.17 The North Lanarkshire Modified proposed plan proposes to protect and promote this site part of the Green Network which bounds this part of residential Westerwood connecting it to the wider countryside beyond. The site is designated category A4 urban Green Network which seeks to protect natural areas (including urban wildlife corridors, trees and woodlands and other green open spaces contributing to the quality of life in local communities. In considering weight given to the emerging Local development plan it should be noted that its policies have not been formally adopted, being at a developmental stage in the development plan process, none the less this represents Councils up to date view of the site. The applicant has, on the other hand, objected to this allocation.

Previous Applications and Appeals

8.18 The Council has consistently taken the view that this site is of intrinsic value as planned amenity space and that this is of importance to existing residents of the Westerwood development and also the wider amenity of this part of the town given its prominent position next to a main distributor road. This is reflected in the Council’s allocation of this site in the latest proposed plan referred to above.

National policy on place making and design

8.19 In considering the existing surrounding place arrangement of which this area of land forms part, national design policy becomes relevant. As the foundation of design policy hierarchy it sets out the ambition of place making in Scotland. Central to this is the creation and retention of ‘sense of place’. In referring to Designing Streets, a sense of place can be considered as the character or atmosphere of a place and the connection felt by people with that place. A positive sense of place is fundamental to a richer and more fulfilling environment. It comes largely from creating a strong relationship between the street and the buildings and spaces that frame it. A positive sense of place encompasses a number of aspects, most notably the streets: local distinctiveness; visual quality; and potential to encourage social and economic activities. This statement is devolved to policy DSP4 within the North Lanarkshire Local Plan discussed above. In not holding to these principles when considering place it is reasonable to conclude that the proposal does not concur with the spirit of National Policy on design or the detail of DSP4 Quality of Design. The loss of this planned open space is clearly viewed by residents in their representation as an erosion of the existing space which frames their estate and consequential loss of a contributing element to their sense of place.

8.20 Responding to the letters of representation it should be noted:-

Policy

8.21 As noted in the assessment in section 8 above it is considered that the development of the site for residential purposes has the potential to accord with policy HCF1A subject to detailed assessment against policies DSP 1-4. The proposed development is considered contrary to the local plan in terms of policy DSP 4 as it would result in the removal of an area of planned amenity open space (including woodland) and a valuable landscape buffer for the existing housing development to the detriment of the character and amenity of the wider housing area. However the section of the site HCF1B (Community facility) it should be noted that the policy seeks to maintain community well- being in residential areas by protecting those community facilities shown on the proposals map. The proposal to develop this community facility for residential purposes does not accord with the principle policy which seeks to develop what is seen as a valued community facility (as evidenced by letters of representation). In considering housing need it is not considered that the development of this site would adversely impact the existing housing supply sufficient to warrant refusal of the application. It is considered that the representation stating the development sets a precedent for further removal of green space elsewhere in the area is upheld.

8.22 This land forms part of the green network in the modified proposed LDP an expression of the Council’s aim to preserve this area as a site supporting the green network in considering weight given to the emerging Local development plan it should be noted that its policies have not been formally adopted, being at a developmental stage in the development plan process, none the less this represents Councils up to date view of the site. The applicant has, on the other hand, objected to this allocation.

8.23 Notwithstanding the Councils policy support for the wider sustainable development agenda it remains that the current Local development Plan policies (adopted 2012) were not at that time inclusive of the Scottish Government declaring a climate emergency. As such, while material do not currently have the weight of formally adopted land use policy.

8.24 In considering the Cumbernauld Local Plan 1993, it should be noted that this Local development plan was superseded by the current North Lanarkshire Local Plan. However, policies covering road safety (parking or traffic generation) and design are considered in a revised iteration under Policy DSP4 in the adopted plan. The site is not in the Green Belt.

Design

8.25 As noted in the assessment in section 8 above it is considered that the proposed development does have a detrimental impact on both the setting of the area and its amenity value. The density of the proposed development is considered acceptable with more than adequate spacing between the proposed dwellings and the site lies currently lies within the urban area. Visitor parking meets the current minimum standard. The proposal will not impact on formally designated walking routes

Amenity impact

8.26 The development could not reasonably be considered overbearing by virtue of setback distances similarly the proposal will not result in significant overlooking, overshadowing, Loss of privacy glare from vehicle head light impacting existing neighbouring dwellings may ameliorated by boundary design and would not merit refusal of a planning application..

8.27 That said, the application site offers a valuable planned landscape buffer with for the existing properties at both Kings and Queens Drive with established entrance features and provides a good set-back for development away from a well utilised link road to Dullatur. Furthermore it is also considered that application site forms a valuable buffer with the proposed housing zoned site on the other side of Dullatur Road and its development would give the appearance of the effective coalescence of both the existing and proposed development.

8.28 The use of the site as a community resource is discussed in detail at section 8 of the report.

Road safety

8.29 As noted above NLC Traffic and Transportation have no objections to the proposed development subject to conditions ,as such, the development is considered to be acceptable in terms of impact on traffic and road safety.

Infrastructure

8.30 It is not considered that the development of the site for an additional 9 dwellings at this location would have a significant detrimental effect on local services and amenities sufficient to warrant refusal of the application. It is considered that the development can be accommodated without detriment to the adjacent dwellings in terms of drainage. If approved planning consent would be subject to standard conditions relating to the requirement to adhere with the latest SUDS requirements. It is considered that the development of an additional 9 dwellings can be accommodated without detriment to public transport or Croy railway station. The education service view on local education provision is discussed in section 6 of the report. In considering play provision the scale of development falls below the threshold requiring the provision of a formal play area. The adjacent development under construction was subject to a Transport Assessment, at principle stage, and reviewed by NLC Transportation the content a conclusion of which was accepted. The additional impact from the proposal while not forming part of this assessment was also considered acceptable in terms of its impact by virtue of the scale of development.

Ecology

8.31 Green space commented that at present the area acts as a green corridor between two areas of Greenspace to the north and south east of the site. The proposed planning layout looks to cause fragmentation between these sites. This would be contrary to policy DSP4 3b)

Pollution

8.32 Additional pollution from the use of private vehicles will occur, however, given the scale of the proposal this would not in itself be a reason for refusal and members should note that Pollution control have not commented on potential air pollution. Whilst it is accepted that there will be some noise and disturbance from the construction of the development it is not considered that the proposals if approved would cause any noise disturbance significant to warrant the refusal of the application. There is no evidence that a residential development of this nature will give rise to odours.

Landscape

8.33 The proposal will result in the loss of a planned landscape feature which forms a buffer making a significant contribution to the overall design and amenity of the area.

9. Conclusions

9.1 Taking the above assessment into account, it is considered that this development is contrary to the provisions of the policies the North Lanarkshire Local Plan. The development if approved would result in the removal of an area of planned amenity open space and a valuable landscape buffer for the existing housing development to the detriment of the character and amenity of the wider housing area. Furthermore it is considered that its removal would result in an unacceptable adverse impact on established residential amenity of the area. Therefore, for the reasons detailed in the planning assessment above, it is recommended that planning permission be refused.

9.2 Should the Committee be minded to grant planning permission, it should be subject to a legal agreement to ensure compliance with the requirements of the Council’s Affordable Housing Policy HCF3.