North Lanarkshire Council
Planning Applications for consideration of Planning and Transportation Committee
Committee Date : 28th May 2009
Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved APPLICATIONS FGlR PLANNING AND TRANSPORTATION COMMITTEE 28'h May 2009
Page Application No. Applicant DevelopmentlLocus Recommendation No 4 N/07/01231/01JT Crowwood Grange Residential Development Grant (P) Estates Ltd (3.601 hectares) Site East Of Whiteford Road & Dewar Road Cardowan Stepps
15 N/09/00294/MIN Aggregate Industries Removal of Colliery Spoil Grant (P) UK Ltd and the importation of Topsoil and Subsoil (In Connection with Adjacent Motorway Construction Works) for the Restoration of Lanu to Facilitate Woodland Planiing Camas Building Materials Auchengeich Road Moodiesburn
24 N/09/00347/FUL Mr & Mrs McCreadie Change of Use of Amenity Grant Land to Garden Ground and Request for Single Storey Side Extension Site Visit 51 Gadloch View and Hearing Auchinloch
31 C/O9/00149/FUL Excelsior Stadium Construction of 9 pitch Grant 5- As,de Complex Including Associated Fencing Floodlighting and Car ?arking Excelsior Stadium, Craigneuk Ave, Craigneuk Ai rd r le
38 C/09/00327/AVD Michael Danyluk Erection of Popcorn Grant Production Building (replacement and relocation of building approved under planning permission C/02/0'101O/FUL) (Part Retrospect) at Raiziehill IFarni Airdrie Road, Caldercruix
47 C/09/00401/OUT Planterra Residential Development (In Refuse Outiitie) at Land North Of Forrrier B & Q Car Park, Locks Street, Coatdyke, Coat tir idg e 52 C/09/00408/FIJl~ Mr McKenzie Erection of Raised Decking Refuse To Rear of Public House for lJse as External Smoking Area and Beer Garden. The Albert Bar 64 Clark Street Airdrie
58 S/08/00731/HEM New Brannock Ltd New Build Golf Clubhouse Grant Facility with Associated Landscaping and Road 1nfrastrL;cture and Regrading of Land (Reserved Matters for Application S/02/00972/0UT) Torrance Park Golf Course Leybrannock Road, Newarthill, Motherwell
65 S/08/0131 O/FUL Alexander Owen Erection of a Replacement Grant Dwe ,Iing house Greenside Farm, Motherwell Road
72 S/O8/01476/FCJL I\Ar & Mrs D Change of Use From Former Grant Ferg uson Agricultural Outbuilding to Office and External Alterations Netherton Farm, Westcraigs Road, Harthill
78 S/09/00343/FUL Mr J Moxen Change of Use of Class 1 Grant Shop to Hot Food Takeaway 549 .. 551 Main Street Beilshill
84 S/09/00388/FUI- Alison Baird Change of Use of Refuse _-Bookmakers to Hot Food I akeaway Bookmakers, Kirkhill Road Netherton, Wishaw
90 S/09/00400/0UT Blake Davis Erection of Two Grant Dwei inghouses Gillhead Depot, Wishaw Road vu is vi aw
(PI N/O7/01231/OUT - if granted, Section 75 Agreemei;t Eequired. N/09/00294/MIN - If granted, Section 75 Agreemerit Requxed. Application No:
Date Registered: 17th July 2007
Applicant: Crowwood Grange Estates Ltd Orchard Brae House 30 Queensferry Road Edinburgh EH4 2UJJ
Agent James Barr 226 West George Street Glasgow G2 2LN
Development: Residential Development (3.601 hectares)
Location: Site East Of Whiteford Road & Dewar Road Ca rdowan Stepps
Ward: 5-Strathkelvin. Councillors Hogg, McGlinchey, Shaw & Wallace
Grid Reference: 267290668208
File Reference: N/07/01 23 1/OUT
Site History: 0 96/04481/PL - Renewal of Outline Permission P/PPNSL/841 (Erection of Residential/ Light Industrial Development) Granted 21 August 1996 0 Various applications for phased residential development on the remainder of the original outline application site Development Plan: Glasgow and the Clyde Valley Structure Plan 2000 (incorporating the third alteration 2006)
Site is covered by Policy ECON 5 (New Industrial Sites) of the Northern Corridor Local Plan 2005
Contrary to Development Plan: Yes
Consultations: Transport Scotland (Conditions) NLC Education (Comments) Scottish Executive Development Dept. (Comments) Scottish Natural Heritage (No objection/comments) West Of Scotland Archaeology Service (comments) Scottish Environment Protection Agency (Conditions) Scottish Water (Com ments)
Representations: 2 letters of representation received.
Newspaper Advertisement: Advertised on 1st August 2007
Recommendation: Approve Subject to the Following Conditions:-
I. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:-
(a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, parking and turning areas; (d) the details of, and timetable for, the hard and soft landscaping of the site; (e) details for management and maintenance of the areas identified in (d) above; (f) the design and location of all boundary walls and fences; (9) the provision of drainage works; (h) the disposal of sewage; (i) details of existing and proposed site levels.
Reason: To enable the Planning Authority to consider these aspects in detail.
2. That within three years of the date of this permission, an application for approval of reserved matters, specified in condition 2 above, shall be made to the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997,
3. That the development hereby permitted shell be started, either within 5 years of the date of this permission, or within 2 years of the date of which the last of the reserved matters are approved, whichever is the later.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997
4. For the avoidance of doubt, no approval is hereby given for the submitted indicative layout shown on plan reference SK0002.
Reason: To define the terms of the planning consent
5. That notwithstanding the generalities of Condition 1 above, the residential development hereby permitted shall:
a) be designed to reflect and complement the local character of the surrounding area in terms of their height, scale and use of building materials (or such other scheme as may be deemed acceptable), b) comply with the Councils Guidance on Open Space requirements for residential dwellings (plot layouts and play provision), c) comply with the Councils Guidance on parking provision for residential dwellings, d) be served by a road designed and constructed to adoptable standard in accordance with the Council's requirements as Roads ALithority. e) be accessed via the existing roundabout at the junction of Dewar Road and Kilpatrick Drive.
Reason: To safeguard the general amenity and road safety of the area.
6. That notwithstanding the generalities of conditions 2 and 5 adequate turning and parking shall be provided to the Council's standards as set out below:
1-2 bedroom flats 1.5 spaces per dwelling 3-4 bedroom flats 2 spaces per dwelling 1-2 bedroom houses 2 spaces per dwelling 3-4 bedroom houses 3 spaces per dwelling 5+ bedroom houses 4 spaces per dwelling Unallocated parking 0.3 spaces per dwelling
Note - garages will only be counted if they have internal dimensions of 3.0 metres by 6.0 metres
Reason: In the interests of traffic and pedestrian safety
7. That notwithstanding the generalities of Condition 1 above, before any works of any description start on the application site, a comprehensive site investigation report shall be submitted to and for the approval of the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175: 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a cc'nceptual 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.
8. That any remediation works identified by the site investigation required in terms of Condition 7, shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried cut in accordance with the terms of the Remediation Strategy.
Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future residents.
9 That in addition to the details submitted under the terms of Condition 1, the reserved matters application shall include a design statement for the site in accordance with PAN 68 and for the avoidance of doubt this shall provide details of the proposed site layout, scale and mix of housing, design details, materials and height of dwellings and landscaping and open space.
Reason: To erable the Planning Authority tc consider these aspects in detail
10. That notwithstanding the requirements of Condition 1 and 3 above the development shall present a high quality and visually attractive frontage to Dewar Road and an entrance feature shall be proposed at the site entrance at Dewar Road, details of which shall be submitted to and approved in writing by the Planning Authority
Reason: In the interest of the amenity of the site and the general area
11. The submission for approval of reserved matters shall incorporate finished floor and road levels.
Reason: To enable the Planning Authority to consider thishhese aspect(s) in detail
12 The submission for approval of reserved marters shall incorporate detailed plans showing existing ground levels and proposed ground levels. No alteratiorls to ground levels will be permitted without the prior approval at the Planning Authority.
Reason: In order to safeguard the property itself and the amenity of the surrounding area.
13. That the development shall be ccmpleted in accordance with the details and levels approved under the terms of Condilions 11 8, 12 above.
Reason: In order to safeguard the property itself and the amenity of the surrounding area. 14. Notwithstanding the generalities of C;ondition 1 above, within the landscaping scheme particular regard shall be given to the Dewar Road boundary and the north eastern boundary of the site.
Reason: In the interest of the amenity of the site and the general area.
15. No works shall be undertaken which would detrimentally impact on protected species. Any application for reserved matters or full planning permission shall be accompanied by surveys of otters, water voles and great crested newts on the site and in the vicinity. This survey shall include mitigation measures as required during the construction phase and mitigation measures following the completion of the development. The mitisation measures shall be implemented and maintained as approved thereafter and prior to any development on site.
Reason: In the interests of wildlife conservation.
16. Initial site preparation works around the ponds shall be undertaken outwith the amphibian breeding seasons (Mid February and the end of May)
Reason: In the interests of habitat protection
17. Notwithstanding the generalities of Condition 'I 6 above, a comprehensive method statement shall be provided for the protection of wetland habitats in the vicinity of the site during the construction phase of the devehpment. A method statement sliall also be provided for the long term positive management of the wetland habitats and SUDS pond.
Reason: In the interests of habitat protection and biodiversity.
18. Following approval of the method statements required under the terms of Condition 17 above they will be implemented in accordance with the approved details and timescales.
Reason: In the interests of habitat protection and biodiversity.
19. That the reserved matters application referred to in Condition 1 above shall include full details of the location and design of the surface water drainage scheme to be installed within the application site and for the avoidance of doubt and except as may otherwise be agreed in writing by the Planning Authority, the scheme reqtiires to be approved by the Scottish Water and the Scottish Environment Protection Agency in terms of their principles of Sustainable Urban Drainage Systems.
Reason: To enable the Planning Authority to consider these details and to safeguard the amenity of the area, to prevent groundwater pollution and to ensure that the proposed drainage system complies with the latest SEPA guidance.
20. That before the residential development hereby permitted is occupied; the surface water drainage scheme approved under the terms of Condition 19 above shall be installed, and thereafter maintained in accordance with the approved details.
Reason: In the interests of water qgality and the environment
21. Any future full or reserved matters application for all or part of the site shall be accompanied by the following:
(a) A comprehensive Method Statemeqt for the protection of the pondldrain; (b) An updated Flood Risk Assessment that reassesses the predicted flood extend on more detailed topographic data and includes data on channel dimensions and shows the proposed site layout in relation to the extent of flooding of a 200-year event. (4 A Maintenance Schedule for the pond, drain and proposed SUDS feature
Reason: To enable the Planning Authority to consider thidthese aspect(s) in detail
22. That any flood mitigation works identified in the Flood Risk Assessment, approved in terms of Condition 21 shall be implemented contemporaneously with the development in so far as is reasonably practical, Following the construction of all of the flood mitigation works, a certificate (signed by a Chartered Civil Engineer experienced in flood mitigation) shall be submitted to the Planning Authority confirming that the flood mitigation works have been constructed in accordance with the approved plans
Reason: In the interests of flood mevention
23. That except as may otherwise be agreed in writing by the Planning Authority, no development shall take place until the implementation of a programme of archaeological works in accordance with a scheme of investigation which has been submitted and approved by the Planning Authority. Thereafter, all recording and recovery of archaeological resources shall be undertaken as approved.
Reason: In the interests of built heritage
24, That notwithstanding the generalities of Condition 1 above as part of any reserved matters or detailed application a scheme of improvements (including landscaping, path creation and such like) to facilitate and improve the informal recreational use of the land hatched in yellow on the approved plan shall be submitted to and approved in writing by the Planning Authority. For avoidance of doubt this scheme shall also include:
a) measures for the continuing care and maintenance of this land for informal recreational use b) measures to improve linkages of this site to Dewar Road along the line of the existing path which runs from the roundabout adjacent to Dewar Road c) measures to improve linkages between the application site and this land and d) measures to link this land with the footpath (proposed core footpath 156) that runs alongside the rail line. e) timescales for the implementaticn of the improvement works
25. That the improvement measures required under the terms of Condition 24 above shall be implemented in accordance with the approved details and timescales and thereafter the land shall be maintained in accordance with the agreed details.
Reason: In the interests of general amenity of the area and to improve informal recreational facilities and foot path links.
26. That except as may otherwise be agreed in writing by the planning authority, before any houses are built on the site proposals for the provision of a new or extended bus services to serve the development (including details of operating /hours, frequency of the service, route and timescale for introduction, together with an agreement with a public transport operator to provide this service for a minimum period of 3 years) shall be submitted to and approved in writing by the planning authority, after consultation with Transport Scotland.
Reason: To ensure that measures are put ir place to improve accessibility to the site.
27. That the bus services approved under the terms of Condition 26 above shall be in operation in accordance with the agreed timescales.
Reason: To ensure that measures are put it- place to improve accessibility to the site Note to Committee
If approved, the planning permission will not he issued until an Agreement under Section 75 of The Town and Country Planning (Scotland) Act 1997 has been concluded in respect of a financial contribution of El00,000 towards the upgrading of a local educational facilities payable upon commencement of work on site.
Bac kgrou nd Papers :
Application form and plans received 17th July 2007 Ecological Survey by JDC Ecology Ltd received 15 July 2008
Letter from Transport Scotland received 13th August 2008 Letter from Scottish Executive Development Dept. received 13th August 2008 Letter from Scottish Natural Heritage received 7th August 2007 Letter from West of Scotland Archaeology Service received 24th August 2007 Letter from Scottish Environment Protection Agency received 7th September 2007 Letter from Scottish Water received 9th August 2007
Memo from Executive Director of Learning & Leisure Services received 3rd August 2007 Memo from NLC Countryside and Landscape Manager received 8th November 2007 Memo from NLC Geotechnical Team Leader receified 7th September 2007 Memo from NLC Protective Services received 16th August 2007 Memo from Traffic and Transportation Team Leader received 12th May 2009
Letter from Mr Thomas Coats. 1 Honeywell Grove, The Hawthorns, Stepps, G33 6HU received 6th August 2007. Letter from Mr George Psssway. 73 Whiteford Road, Stepps, G33 6GA, received 9th August 2007
Glasgow and the Clyde Valley Structure Plan 2000 (incorporating the third alteration 2006) Northern Corridor Local Plan, 2005 Finalised Draft North Lanarkshire Local Plan
Any person wishing to inspect these documents shwld contact Mr Graeme Lee at 01236 616474.
Date: 18 May 2009 APPLICATION NO. N10710123110UT
REPORT
1. Description of Site and ProDosaB
1.I The application site occupies an area of approximately 12.6 hectares and overlaps the administrative boundaries of North Lanarkshire Council and Glasgow City Council. The part of the site within North Lanarkshire is 3.6 Hectares in area with the remaining 213 of the site falling within Glasgow. The site is located due south of the Cardowan roundabouthterchange on the M80/A80. The Glasgow to Cumbernauld railway skirts the northern boundary of the site. To the west of the site is the Dewar Road spine road that serves the residential development at Honeywell Avenue and Kilpatrick Drive. The remainder of the site is surrounded by open countryside, albeit a large pond lies immediately to the east. The site previously formed part of the Cardowan Colliery and is now open grassland with scattered scrub and tree planting.
1.2 The applicant seeks outline planning perniission for residential. An indicative layout has been submitted, which indicates that there will be approximately 266 houses; approximately 90 of which are shown to be located within Norih Lanarkshire. There will be two main access points from Dewar Road. A pond is proposed at the east of the site near to the existing pond to treat and attenuate the surface water from the development.
1.3 In support of the application, the applicant has submitted the following documents:
0 Planning Statement
0 Flood Risk Assessment 0 Transport Assessment
0 Landscape and Visual Assessment 0 Ecological Assessment
1.4 The applicant has agreed to a financial ccntrilnution of €100,000 towards school improvements and that this be secured by a Section 75 Legal Agreement. It is anticipated that by 2011 St Barbras Primary School will be operating over capacity resulting in accommodation difficulties. Also, the applicant has agreed to carry out improvements to an offsite informal recreational area to the north east of the site.
2. Development Plan
2.1 Structure Plan - having regards to the scales of development likely to be significant (contained in Schedule 9) of the structure plan, this development need not need to be assessed against this plan. Albeit that the application proposes a significant housing development this development involves a brownfield site that is currently allocated for industrial development. The reuse of urban brownfield land is regarded as one of the key aims of this plan. On this basis the development need only be assessed against the local plan.
2.2 The site is covered by Policy ECON 5 (New Industrial Sites) of the Northern Corridor Local Plan 2005
2.3 The Finalised Draft North Lanarkshire Local Plan promotes the site for (short term) housing development as an addition to the housing land supply - Policy HCF2 A2 applies. The local plan assessment is that the site has the capacity for around 80 units. 3. Consultations and Representations
3.1 Summaries of consultations received are as follows.
Scottish Natural Heritage (SNH): Initial comments were that the submission of an ecological survey was required before any decision is taken on the application. Following the submissioi of this report, SNH confirmed it has no objections to the proposed development and are content with the survey findings and mitigations proposed in the Ecological Assessment carried out for the site. Scottish Environment Protection Agency: No objections subject to conditions being imposed in relation to the Flood Risk Assessment. Comments are also provided in relation to SUDS with the advice being that a strategy is developed for the site and that given historic land uses a full site investigation be carried out. Scottish Water: No objections. Point out that there are known issues in relation to their networks which the developer may require to address. The developers should consider using a SUDS surface water drainage system. Transport Scotland: No objections subject to conditions limiting the number of dwellings to 300 (unless otherwise agreed by them), requiring proposals for either new or extended bus services to serve the development to be agreed in consultation with them arc that these are in place before any part of the development is occupied. West of Scotland Archaeological Service: Recommend the imposition of a condition requiring that an archaeological investigation be carried out.
0 Executive Director of Learning & Leisure Services: Advises that by 2011 not all of the pupils from the proposed development could be fully accommodated in local schools. St Barbras Primary School would be operating over capacity and the school would need to be extended (2 class room extension), children transported to a neighbouring sckool or the catchment areas redrawn. My Countryside and Laridscape Manager has provided a range of comments in relation to ecology, public access to the wildlife area to the north of the site and play provision. The Conservation and Greening Manager provided further comments following the submission of an Ecological Assessmenl: Conditions are recommended concerning the timing of works, in relation to breeding bird seasons, establishment of buffer zones for water voles, adoption of best working practices to protect otters and badgers, landscaping, biodiversity enhancement and SUDS provision. 0 My Pollu".ion Control Team Leader points out that the site is on a former colliery site and as such a sits investigation should be carried out. 0 My Geotechnical Tearn Leader '?as provided comments concerning the submitted drainage information. 0 My Traffic and transportation Teain Leader has no objections subject to conditions to ensure the development is served by adoptable roads, that the access should be taken via the existing roundabout on Dewar Road and that consideration is given to sustainable transport.
3.2 Two letters of objection have been received and the comments contained therein can be summarised as follows:
Lack of park and ride facilities at Stepps Railway Station Proposed development \vi11 add to existing parking problems and the station Other than play facilities for toddlers and very young children there is a significant lack of play provision for within the Cardowan area The pedestrian link from the roundabout to the path alongside the rail line should be retained No space has been set aside for shops 4. Planninq Assessment and Conclusions
4.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997 planning decisions must be made in accordarice with the development plan unless material considerations indicate otherwise.
4.2 Development Plan: The Developmerit Plan consists of the Glasgow and the Clyde Valley Joint Structure Plan 2000 (incorporating the third alteration 2006) and the Northern Corridor Local Plan, 2005. As indicated above, the proposed residential development is not considered to be of strategic significance and as such need only be assessed against the local plan (involves a brownfield site that is currently allocated fob‘industrial development)
4.3 The Northern Corridor Local Plan 2005 identifies the site for industriallbusiness use. The site is covered by Policy ECON 5 (New Industrial Sites), This policy states that the Council will pursue the development of this site for new industrial/business opportunities. This policy reflects the outline planning permission granted for the redevelopment of the former Cardowan Colliery Site A similar designation applies to the majority of the site that lies in Glasgow City (part of their site is designated green belt). The development of the site for residential use is therefore contrary to the local plan. To determine whether or rot this is an acceptable departure form the plan an assessment must be made of all material planning considerations.
4.4 Scottish Planning Policy 3 “Planning for Homes (2008)” is also relevant in this case. Relevant themes are the desirability of brownfield rather than greenfield sites for residential development, the need for sites to be in sustainable locations which are fully integrated with a range of transport types and are not dependant on the car and the need for planning decisions to accord with the development plan unless material considerations dictate otherwise. In this case it is considered that there are material considerations that support a departure from the development plan. A planning condition is also recommended that will improve accessibility to the site.
4.5 In support of their case, the applicant has submitted a report that concludes that there is no demand for this type of development at this location; that there is a surplus of industrial land and furthermore, the restriction against Class 6 distribution uses in the original outline permission for the site further restricts the attractivenesskompetitiveness of the site. In addition, the granting by the Council of an extension to Buchanan Business Park on the land immediately between the park and the Stepps Roundabout (N/04/02212/OUT) has further undermined the viability of the site (this site lies just to the northwest and is rnore visible from the truck road network). As such it is appropriate to consider alternative uses for the site.
4.6 In their planning statement the applicant argues that with the adjoining land having been redeveloped for residential use it is logical to approve their application for residential use. The fact that it is a brownfield rather than greenfield site that was intended to be developed is also stressed as being of significance.
4.7 As part of the background work associated with the North Lanarkshire Local Plan the Council has undertaken a review of industrial business land. This study concluded that there is an adequate supply of industrial and business land to meet current future market sector needs and aspirations. It is also true that in recent years the land to the west of the site has been transformed by significant residential development. In this case, it is my view that if the site were not to be developed for industrial business use the most obvious alternative would be to consider resiaential development on the site. It is considered that appropriate planning conditions would ensure that the site is developed in a manner that would be in keeping with the adjacent existing developments.
4.8 As the largest part of the application site lies within Glasgow City (approx 213 of the site) it is established practice for them to take the lead in processing the application and that North Lanarkshire should not determine our application in advance of a decision by Glasgow City. Since the outset, Glasgow City has incicated that it was comfortable with the proposed development and could see no overriding impediment to the granting of outline planning consent. It should be noted that Glasgow City approved outline consent for their part of the site on 21 April 2009. Clearly whilst North Lanarkshire could come to a different view and retain a much reduced site for industriaVbusiness use this would make little sense, especially when there is a surplus of industrial business land. Accordingly in this case, it is considered that, despite being contrary to the deve'opmept plan, the most sensible pragmatic decision would be for the Council to grant residential development on our part of the application site.
4.9 In this case the application was lodged before the Council had adopted its policies with regards to developer contributions and affordable housing. As such, and despite now gaining significant comfort from the reallocation of tile site to residential in the FDNLLP (see para 4.10 below), the affordable housing policy was not considered to apply to this particular development. However with regards to the education contributior! the Council has in the past secured contributions without the support of policy. In this case, the developer has indicated that they are agreeable to a contribution of €100 000 towards anticipated educational improvements that will be required in the local schools.
4.10 Following on from all of the above and adding weight to the view that planning permission should be granted for residential use, it is considered appropriate to refer to the Finalised Draft North Lanarkshire Local Plan (FDNLLP). This plan is the latest expression of current Council policy regarding this site and the following emerging local plan policy is relevant. Policy HCF2 A2 which promotes the site for (short term) housing development as an addition to the housing land supply. The local plan assessment is that the site has the capacity for around 80 units. It is considered that given the advanced stage in the process that considerable weight can be given to this plan.
4.1 1 With regards to consultation responses it is considered that through the imposition of planning conditions the matters raised can be adequately addressed. Of particular note are Transport Scotland's comments in relation to improvements to local public transport links; ecological matters raised by SNH and the Council's own Ecologist and Surface Water Drainage and flooding matters raised by SEPA
4.12 With regards to the points of objection it is considered that whilst the development may bring increased pressure on Stepps Railway Station this is not sufficient grounds alone to justify refusing planning permission. Also, the requirement to address public transportation links for the site may go someway to addressing this (the applicant has indicated a willingness to investigate funding a bus service). Play provision will be addressed at the detailed application or reserved matters stage and the development will comply with Council policy. Furthermore, the applicant has agreed to planning conditions that will formalise the use of an area of open space to the north and east of the application site. Pedestrian Links to this area will be improved and this in turn will improve access to the proposed Core Path Network. There is no requirement on the applicant to provide shops within the development with provision being adequately met within Stepps itself. If the applicant were set aside part of the site for a local corner shop such a proposal would be considered on its merits.
4.13 Conclusion: Although the proposal is contrary to relevant Development Plan policies, it is not contrary to the emerging local plan. The residential use of the site is considered to be an acceptable and as such it is recommended that planning permission be approved.
4.14 Should Committee decide to grant planning permission then permission should not be issued until a Section 75 Agreement has been coripleted in relation to a contribution for education. Application No: N/09/00294/MI N
Date Registered: 2nd April 2009
Applicant: Aggregate Industries UK Ltd Bardon Hall Copt Oak Road Mar kf ieId Leicestershire LE67 9PJ
Agent Aggregate Industries UK Ltd Estates Department Duntilland Quarry Salsburgh ML7 4NZ
Development: Removal of Colliery Spoil and the Importation of Topsoil and Subsoil (In Connection with Adjacent Motorway Construction Works) for the Restoration of Land to Facilitate Woodland Planting
Location: Camas Building Materials Auchengeich Road Moodiesburn G69 OJL
Ward: 5 - Strathkelvin. Councillors Hogg, McGlinchey, Shaw & Wallace
Grid Reference: 268892 671 094
File Reference: N/09/00294/MI N
Site History: N/06/00532/FUL Installation of Aggregates Processing Plant Granted 31"August 2006
Development Plan: The site is covered by Green Belt policies (ENV 2-8) in the Northern Corridor Local Plan 2005
Contrary to Development Plan: No
Consultations: Transport Scotland (No Objections)
Representations: No letters of representation received
Newspaper Advertisement: Advertised on 22"' April 2009
Recommendation: Approve Subject to the Following Conditions:-
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997
2. That all extraction and deposition of materials shall cease within 2 years from the date of commencement of the development.
Reason: To accord with the submitted details and to give the Planning Authority the opportunity to review their position.
3. That the site shall be restored to final contour levels as specified in the approved profiled cross sections (plans 7272-00117) (or such other levels as may be approved in writing by the Planning Authority) no later than 6 months after the cessation of the extraction and deposit of materials.
Reason: To accord with submitted details and to ensure the timeous restoration of the site.
4. That the operators shall at all times deal with the areas forming the subject of this consent in accordance with the application form, plans as stamped approved, and other supporting information, except as amended by the terms of the approval hereby given and shall omit no part of the approved operations and shall not amend the development without the prior written consent of the Planning Authority.
Reason: To enable the Planning Authority to retain effective control
5. That the materials extracted from and deposited on the application site, materials from the adjacent site scraping mounds and material to be brought onto site for the aggregates plant landscaping scheme shall only go to and be sourced from the associated off line phase of the M80 Stepps to Haggs motorway construction works, or such other scheme as may be agreed in writing by the Planning Authority; imported material shall only be inert soil and subsoil.
Reason: In order to define the permission and ensure that there is no impact on local roads and communities through the transportation of materials.
6. That before the development hereby permitted starts, vehicular access details from the bing to the motorway construction corridor shall be submitled to, and approved in writing by, the Planning Authority. For the avoidance of doubt, the vehicular access to and from the site shall solely be from the adjacent motorway construction corridor and will not involve vehicular movements on the public road network. Thereafter, and for the duration of the works the approved access arrangements shall be used by all traffic associated with the development.
Reason: In order to ensure that there is no impact on local roads and communities through the transportation of materials.
7. That there shall be a 15 metres stand off from the Bothlin Burn and the Strathkelvin Walkway within which there shall be no development, including the siting of soil mounds, formation of drainage ditches etc and such areas shall be protected by fencing of a specification to be agreed in advance of the commencement of work on site by the Planning Authority.
Reason: In the interests of nature conservation and local amenity. 8. That all trees within the standoff area covered by condition 7 above shall be retained and these plus any other trees protected by the approved landscape scheme shall be maintained and protected from damage by appropriate temporary fencing where required throughout the duration of the operations until restoration is completed. the position of the fencing to be agreed with the Planning Authority.
Reason: In the interests of the wellbeing of the protected trees.
9. That no excavation works or deposition of ar;y material shall be carried out within 3 metres of the canopy of any protected tree.
Reason: To protect the protected trees.
10. That should the protected species survey be more than 12 months out of date prior to the commencement of works an updated protected species survey shall be submitted to and approved by the Planning Authority.
Reason: To ensure that protected species are not adversely affected by the proposed development.
11. That during works the ecological mitigation nieasures described in the approved protected species survey shall be implemented in full.
Reason: To ensure that protected species are not adversely affected by the proposed development.
12. That the proposal shall comply with the terms of a dust action plan to be agreed with the Planning Authority in advance of any works commencing on site.
Reason: To minimise dust generation from tl7e site in the interests of amenity.
13. That the proposal shall comply with the terms of a noise action plan to be agreed with the Planning Authority in advance of any works commencing on site.
Reason: To minimise noise generation from the site in the interests of amenity.
14. That before any part of the site is excavated or is traversed by heavy vehicles or machinery (except for the purpose of stripping that part), or is used for the stacking of subsoil or overburden, all available topsoil shall be stripped from that part of the site; topsoil and subsoil for use in the site restoration shall be stored in separate mounds.
Reason: In the interests of soil management and effective afteruse.
15. That prior to the commencement of any earthworks within the site, secure fencing of a specification, height, style and position to be agreed in advance by the Planning Authority shall be erected around the perimeter of the working area of the site.
Reason: In the interests of public safety.
16. 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 and for the approval of the said Authority. For the avoidance of doubt the drainage scheme must comply with the requirements of the publication titled "Drainage Assessment: A Guide for Scotland" and any other advice subsequently published by the Scottish Environment Protection Agency (SEPA) or the Sustainable Urban Drainage Scottish Working Party (SUDSWP). The post-development surface water discharges shall ensure that the rate and quantity of run-off to any watercourse are no greater than the pre-development run-off for any storm return period. SUDS shall still be provided even where discharges are proposed to public sewers notwithstanding any conditions imposed by Scottish Water. If the area of ground illustrated on the approved drawing is inadequate for the purpose, a revised layout drawing for this part of the proposed development shall be submitted to and for the approval of the Planning Authority prior to any works of any description being commcmced on the application site, unless otherwise agreed in writing with the said Authority.
Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater.
17. That the SUDS compliant surface water drainage scheme approved in terms of Condition 16 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 ClRlA Manual and the approved plans.
Reason: To safeguard adjacent watercourses and groundwater from pollution.
18. That measures shall be taken to ensure that drainage from areas adjoining the site is not impaired or rendered less efficient by the operations hereby permitted, and adequate precautions shall be taken to prevent the pollution of ditches, watercourses and drains within and adjacent to the site to the satisfactior of SEPA and the Planning Authority.
Reason: In the interests of water management and to prevent pollution of natural watercourses.
19. That all contaminated water on site shall be treated in the appropriate water treatment areas prior to discharge into any watercourse in accordance with a detailed scheme which shall be submitted to the Planning Authority for approval, in consultation with SEPA, prior to the commencement of development. The water treatment facilities shall be of adequate capacity to cater for the likely maximum volume of contaminated water, and to control the discharge flow into any watercourse in accordance with the requirements of SEPA.
Reason: In the interests of protecting the local water regime.
20. That except where stored in double skinned tanks any oil, fuel, lubricant, paint or solvent stored within the site shall be provided with a suitable bund or other means of containment for 110% of the storage capacity, and with no passive means of drainage.
Reason: In the interests of protecting the local water regime.
21, That prior to the commencement of development a detailed restoration scheme based on the proposals illustrated in Indicative Restoration Proposals shall be submitted to the Planning Authority for approval. That scheme shall include, but not be limited to: (i) a full description of the methodologies to be used in providing biodiversity rich habitat (ii) a timetabled schedule of works (iii) details of the extent, species, type and size of trees to be planted as part of the restoration of the site (iv) details of the width. alignment and surfacing of any footpaths to be formed within the site and on adjoining land in the applicants ownership and (v) details of any reinstated wetland/ ponsds.
Reason: To enable the Planning Authority tc consider these matters in detail and to ensure satisfactory restoration. 22. The Restoration Plan shall be implemented in accordance with the timetable approved under condition 21 above.
Reason: To ensure the reinstatement of the site within a satisfactory timescale in the interests of amenity.
23. That, notwithstanding condition 21 above, the following conditions shall be observed in the restoration of the site to the satisfaction of the Planning Authority:
(a) following the replacement of overburden, and before the replacement of subsoil, the upper layers of the overburden shall be rooted and c,ross-rooted to a depth of 500mm, with boulders and stones exceeding 250mm in one dimension being removed from the site or buried on the site at a considerable depth; (b) all available subsoils shall be re-spread evenly in separate layers of 300mm depth and each layer shall be rooted and cross-rooted, with boulders and stones exceeding 150mm in one dimension being removed; (c) all subsoil areas which have been used for the storing of other subsoil or topsoil shall be rooted and cross-rooted in a similar manner to (b) above; (d) following the replacement of subsoil, all available topsoil shall be re-spread evenly to achieve the final level and configuration, and shall be rooted and cultivated as required with all stones exceeding 1OOmm in one dimension being removed; and (e) all operations involving subsoil and topsoil replacement and cultivation shall only be carried out when the full volume of soil involved is in a suitably dry soil moisture condition to minimise soil damage and to maximise the effects of the rooting operations.
Reason: In the interests of sound soil management.
24. That in the areas identified in the restoration plan for woodland planting, soils should be loosely tipped with subsequent spreading by a backacting excavation.
Reason: To ensure suitable woodland planting conditions.
25. That upon cessation of extraction and importation of materials, all settlement ponds that are not to be reinstated to water based features shall be emptied of slurry, filled with dry inert material and restored, and all areas of hardstanding shall be broken up and restored.
Reason: In the interests of effective land managerent and reinstatement.
26. That within three months of the completion of the restoration of the site, all fixed equipment, plant, machinery and buildings shall be removed from the site.
Reason: In the interests of amenity.
27. That at least three trnonths before the reprofihing of the area defined in the restoration plan as woodland a 5 year aftercare scheme for wocdland development shall be submitted to the Planning Authority for approval, and the scheme shall be prepared and implemented by suitably qualified experts on the individual elements of the scheme.
Reason: In the interests of sound land management and nature conservation.
28. That the requirements of condition 27 above shall be carried out in accordance with the agreed timescale and shall be managed to the satistaction of the Planning Authority in accordance with the agreed prescriptions during the relevant aftercare period.
Reason: In the interests of amenity and woodland development. NOTE TO COMMITTEE:
If the Committee accepts the above recommendation, the planning permission should not be issued until an agreement under Section 75 of the Town and Country Planning (Scotland) Act 1997 has been concluded with the applicaint in respect of a restoration bond, routing of vehicles solely within the motorway construction corridor and the limiting of the bing removal and depositing of materials to the associated off line phase of the M80 Stepps to Haggs motorway construction works.
Background Papers:
Application form and plans received 16th March 2009
Letter from Transport Scotland received 24'h April 2009
Memo from Head of Protective Services received 5Ih May 2009
Northern Corridor Local Plan, 2005 Finalised Draft North Lanarkshire Local Plan
Any person wishing to inspect these documents should contact Mr Martin Dean at 01236 616466.
Date: 13'h May 2009 APPLICATION NO. N1091002941MIN
REPORT
1. Description of Site and Proposal
1.I The application is for the removal of colliery spoil and the importation of subsoil and topsoil for the restoration of land to facilitate woodland planting at Camas Works, Auchengeich Road, Moodiesburn. The material is taken to and is sourced from the adjacent M80 extension motorway works to the immediate north of the application site.
1.2 It is proposed that material from the bing be used to provide 114,000m3 of an estimated 400,000m3 shortfall of suitable fill material on the off line section of proposed motorway. An additional 40,000m3 of material contained within temporary stock piles will be removed from the site under the terms of the permission for formation of the existing asphalt processing plant on the site. Material to be brought onto the site under this application and under the landscaping scheme for the asphalt processing plant will allow woodland planting to take place and screen mounding to be formed. This will improve the appearance of the industrial site and help screen the crushing plant. It is proposed to retain a planted buffer area between the proposed earthworks and the adjacent Bothlin Burn and Strathkelvin Walkway. The transportation of materials connected with this application is solely via the motorway construction corridor to the north with no heavy vehicles using local public roads. The application is accompanied by a protected species survey.
1.3 The bing currently consists of stockpiles of waste which has regenerated such that it is now partly wooded with broad leafed trees.
2. Development Plan
2.1 The application raises no strategic issues and can therefore be assessed in terms of Local Plan policies.
2.2 The site is covered by Green Belt policies (ENV 2-8) in the Northern Corridor Local Plan 2005. These policies presume against inappropriate forms of development but support development required for agriculture and forestry and development which requires to be in the Green Belt.
2.3 The zoning of the site and policy position is not altered by the Finalised Draft North Lanarkshire Local Plan.
3. Consultations and Representations
3.1 Summaries of consultation responses received are as follows.
0 Transport Scotland: No objections. Head of Protective Services: There should be a chemical analysis of material brought onto the site or remains on the site to ensure that it is safe.
3.2 There have been no representations against the proposed development. 4. Planning Assessment and Conclusions
4.1 In accordance with Section 25 of the lown and Country Planning (Scotland) Act 1997 planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.
4.2 The application is not of strategic significance and as such only requires to be assessed against the local plan. Relevant policies within the Northern Corridor Local Plan 2005 (ENV 2-8) identify the site as being within the Green Belt. Of particular relevance are the following policies.
ENV 3 (Improving the Green Belt): This policy supports urban fringe planting in the interests of visual amenity, nature conservation and public access. The proposed development accords with this policy with it involving a substantial amount of new woodland planting.
ENV 4 (Development in the Green Belt): This policy presumes against most forms of development but does potentially allow for development necessary for agriculture and forestry and development shown to be required to be located in the Green Belt. The proposed development accords with this policy in that there will be a woodland afteruse and there is no alternative to a Green Belt location as this is a unique situation of an existing source of material immediately adjacent to a proposed motorway route.
4.3 It is considered appropriate to regard the Finalised Draft North Lanarkshire Local Plan as a material planning consideration in view of its advanced stage of processing. There is no change in general policy direction through the emerging local plan with the site being covered by Green Belt policy NBE 3A
4.3 A recommended condition requires that Sdditional SUDS compliant drainage information be provided and that there be appropriate measures to protect the adjacent watercourses. It is noted, however, that the plant already has SEPA approved drainage and it is anticipated that the proposal for the general site drainage to joiri into the existing system will be acceptable.
4.4 It is noted that planning permission was granted in August 2006 for the construction of an aggregates processing plant with associated ground works and screening landscaping. Some of the proposed removal and importation of motorway related materials is being carried out through the above permission via the removal of recently excavated material and the importation of material to form recessary landscaping. Works proposed through the current application are an extension of the aforementioned operations.
4.5 All vehicle movements associated with the extraction and importation of materials will take place within the motorway construction corridor and will not impact on local roads. Recommended planning conditions tie the development to the motorway construction operation.
4.6 It is considered that the proposed works will improve the appearance of the site and will not adversely affect local communities during operations. It will also reduce the need for vehicle movements on local roads by providing a source of materials and a location for deposition of surplus materials immediately adjacent to the proposed motorway. It is recommended that planning permission be granted.
4.7 If the Committee accepts the above recommendation, the planning permission should not be issued until a Section 75 Legal Agreement is entered into in respect of a restoration bond and the routing of vehicles solely within the motorway construction corridor. Application No: N/09/00347/FUL
Date Registered: 30th March 2009
Applicant: Mr & Mrs McCreadie 51 Gadloch View Auchinloch G66 5NS
Development: Change of Use of Open Space to Garden Ground, Erection of Single Storey Side Extension to Dwellinghouse and Erection of a Fence (in retrospect).
Location: 51 Gadloch View Auchinloch G66 5NS
Ward: 5 - Strathkelvin: Councillors Hogg, McGlinchey, Shaw and Wallace
Grid Reference: 265876670753
File Reference: N/09/00347/FUL
Site History:
Development Plan: The site is covered by policy HG3 (Retention of Residential Amenity) in the Northern Corridor Local Plan, 2005
Contrary to Development Plan: No
Consultations:
Representations: 10 letters of representation received (including from Auchinloch Community Council) Newspaper Advertisement: Not Required
Recommendation: Approve Subject to the Following Conditions:-
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That, except as may otherwise be agreed in writing by the Planning Authority, the facing materials to be used for the external walls and roof shall match in colour and texture those of the existing adjoining dwelling.
Reason: To safeguard the residential amenity of the area.
3. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers: SDI09 01, SDI09 02 and DS109 03 and fence details as agreed.
Reason: To clarify the drawings on which this approval of permission is founded.
Background Papers:
Application form and plans received 30th March 2009
Letter from Auchinloch Community Council, Clo Mairi Maclntosh, Secretary, 1 11 Langmuirhead Road. Auchinloch, G66 5DJ received 8th April 2009. Letter from D McArthur, 77 Langmuirhead Road, Auchinloch, G66 5DJ received 14th April 2009. Letter from R W Martin, 100 Langmuirhead Road, Auchinloch, G66 5DN received 14th April 2009. Letter from Susan McDonald, 75 Langmuirhead Road, Auchinloch, G66 5DJ received 14th April 2009. Letter from H Hughes, 90 Langmuirhead Road, Auchinloch, G66 5DN received 14th April 2009. Letter from Peta Skelton, 104 Langmuirhead Road, Auchinloch, G66 received 14th April 2009. Letter from Janice Morrison, 77 Lanymuirhead Road, Auchinloch, G66 5DJ received 14th April 2009. Letter from W Mclntyre, 81 Langmuirhead Road, Auchinloch, G66 5DJ received 14th April 2009. Letter from Mr Steven Gallacher, 79 Langmuirhead Road, Auchinloch, G66 5DJ received 14th April 2009. Letter from Mrs Jacqueline Gallacher, 79 Langmuirhead Road, Auchinloch, G66 5DJ received 14th April 2009.
Further letter from W and N Mclntyre, 81 Langmuirhead Road, Auchinloch, G66 5DJ received 27'h April requesting SV and Hearing. Further letter from Auchinloch Community Council, C/o Mairi Maclntosh, Secretary, 11 1 Langmuirhead Road, Auchinloch, G66 5DJ received 29th April 2009 requesting additional time to respond.
Northern Corridor Local Plan, 2005 Finalised Draft North Lanarkshire Local Plan
Any person wishing to inspect these documents should contact Ms Jennifer Thomson at 01236 616473.
Date: 13'h May 2009 APPLICATION NO. N109/00347/FUL
REPORT
1. Description of Site and Proposal
1 .I The application site is an area of amenity grassland, approximately 60 square metres in area, adjacent to the existing dwellinghouse. The site sits at a higher level and slopes down to the pavement.
1.2 The application is for the change of use from open space to private garden ground and the erection of a side extension at 51 Gadloch View, Auchinloch. The side extension would be single storey, forming a family room and utility room, approximately 45 square metres in area. Retrospective permission is also being sought for a fence.
2. Development Plan
2.1 The application raises no strategic issues and can therefore be assessed in terms of Local Plan policies.
2.2 In terms of the Northern Corridor Local Plan 2005, the site is covered by housing policy HG3 (Retention of Residential Amenity) which seeks to: 'protect the established character of existing and new housing areas and opposing development which is incompatible with a residential setting or adversely affects the amenity of established housing areas.'
2.3 The zoning of the site and policy position is not altered by the Finalised Draft North Lanarkshire Local Plan.
3. Consultations and Representations
3.1 No external consultations were required. 3.2 10 letters of objection were received, including a letter from Auchinloch Community Council. A request for a Site Visit and Hearing has also been received. The points of objections are summarised below.
0 Auchinloch Community Council requested more time to respond to the application Comments; Given the nature of the proposed development this was not considered reasonable or necessary. In any event, the concerns raised by the Community Council are addressed in my report.
The application will result in limited open space remaining in Auchinloch and land should not be sold until the Council's open space strategy is completed.
Cornmenfs: It is not felt that the sale of this small area of land on the edge of an area of sloping grassland between residential properties would have a detrimental impact on the surrounding area. Wider objections to the sale of land in Auchinloch are not relevant to this planning application. The open space strategy is ongoing and when completed will, among other things, inform decisions on the sale of parcels of land. This area was sold on 8'h December 2008 following the agreed procedure for internal consultation by the Council's property section on the acceptability of the sale.
No consultation or discussion has been carried out with the householders in the area regarding land sales. The legality of the sale of the land is questioned. Comments: The process of land sales carried out by the council's property section does not require neighbour notification to be carried out. Adjacent properties are notified when the householder applies for planning permission for the change of use from open space to private garden ground.
When housing was originally developed in the Gadloch Area, on previously green belt land, it was determined that building footprint should be restricted to the areas agreed, there has been no subsequent open review of this decision. Comments: Regardless of the conditions that may have been imposed on previous planning permissions each application must be considered on its merits. In this case the change of use and extension are considered to be acceptable in planning terms.
A plan to enhance common land and biodiversity through planting a wildflower meadow will be negatively impacted upon.
Comments: The majority of the grassed area surrounding the paths remains unaffected by this proposal.
Access to the terraced row of properties on Langmuirhead Road would be affected by the enclosure of the amenity land.
Comments: There is no right of access for properties on Langmuirhead Road from the amenity land through the rear garden fences. The properties are accessed from Langmuirhead Road directly and the rear gardens are accessed via external closes. 83 Langmuirhead Road currently backs on to the rear garden of 51 Gadloch View.
Privacy would be affected by the large doors / windows which would overlook the garden and area of greenspace to the west of the site.
Comments: A door to the utility room and patio doors to the family room would face the rear gardens of Langmuirhead Road, however these properties have long gardens (over 30 metres in length) and the proposed extension is single storey. There is a 1.8 metre timber fence surrounding the rear garden, which would provide sufficient screening.
The size of the extension is disproportionate to the house and plot of land.
Commenfs: It is not felt that the extension is inappropriately large for the site. With the additional land purchased to the side of the property, sufficient garden ground would remain. The proposed extension is in keeping with the size of the plot and the design ties in with the original dwellinghouse.
Drainage in the area is a problem and Auchinloch Road is prone to flooding at the bottom of the estate when it rains heavily.
Comments: The proposed extension is unlikely to have a significant impact on drainage in the surrounding area, given the gradient of the land and size of the extension. Furthermore, any drainage issues on the Auchinloch Road would be unaffected due to the distance from the site.
Dog Fouling is an issue and development on one of the few strips of open land available to dog walkers will not help.
Comments: Dog fouling is not a planning matter. The area of land sold is relatively small and situated immediately beside residential properties. The paths leading from Gadloch View to Gadloch Avenue are unaffected by the proposal and there are various paths leading through grassland to the south and the adjacent golf course to the west. Trees were previously removed from the site by the council prior to the sale of the land. Comments: The trees were not covered by a tree preservation order and their felling was judged to be acceptable to Grounds Maintenance at the time of removal.
The application is contrary to the Local Plan, in particular policies ENV 3, ENV 6 and HCF 2 and is also contrary to PAN 65, NPPG 14 and SPP 3 and climate change policies. Comments: In the Northern Corridor Local Plan, 2005, policies ENV 3 and ENV 6 relate to land designated as green belt and are therefore not relevant to this area of amenity grassland surrounded by housing. Policy HCF 2 from the North Lanarkshire Local Plan, Final Draft relates to sites for new housing development which is also not relevant to this application.
PAN 65 refers to the importance of protecting valued open space and providing sufficient open space for new developments, also that open space strategies 'should feed into the development plan process'. It is accepted that the completed open space strategy will inform future development management decisions, however in this case the sale of this parcel of land was felt to be acceptable. NPPG 14 Natural Heritage is not relevant to this application. SPP 3 Planning for Homes relates to the identification of housing requirements and provision of land for new housing developments which is not relevant to this application.
4. Planninn Assessment and Conclusions
4.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997 planning decisions must be niade in accordance with the development plan' unless material considerations indicate otherwise.
4.2 With respect to the Northern Corridor Local Plan 2005, the site lies within the housing area of Auchinloch. Policy HG3 (Retention of Residential Amenity) is of most relevance. It is not felt that the proposal is incompatible with the residential setting or adversely affects the amenity of the established residential area therefore the proposal does not conflict with the aims of this policy.
4.3 Other Material Considerations - Finalised Draft North Lanarkshire Local Plan: It is considered appropriate to regard the Finalised Draft North Lanarkshire Local Plan as a material planning consideration in view of its advanced stage of processing. The site remains zoned for housing, being covered by policy HCFla Residential Amenity which states a 'presumption against developments detrimental to residential amenity in primarily residential areas'.
4.4 The enlargement of the garden ground to the side of this property is acceptable and will not look out of place once the garden is enclosed by a fence, matching what exists at present. The purchased land is bounded to the east and south by existing residential properties and the pathways through the amenity grassland are unaffected. The extension itself is of a design which complements the existing property, single storey with a pitched roof, below the height of the existing roof The front facing bay window and pitched roof on the gable elevation provide visual interest and the site is sufficiently screened to the rear to ensure privacy in adjacent gardens.
4.5 With regard to the sale of other plots of land in the area of open space between Gadloch View and Gadloch Avenue, an area of land was sold to 23 Gadloch Avenue and change of use granted permission on 28'h August 2007 (N/07/01161/FUL). There are requests to purchase a further three areas of land currently under consideration by the council's property section (shown on location plan). 4.6 This application also seeks retrospective permission for the erection of a timber boundary fence around the site which is approximately 1.2 metres in height, increasing to 1.8 metres at the rear of the site. The fence design and size is considered to be acceptable.
4.7 In conclusion, notwithstanding the points raised by the objectors and having taken into account the Development Plan and all material considerations, the application for a change of use from public open space to private garden ground and the erection of a side extension is considered to be acceptable. I therefore recommend that planning permission be granted subject to conditions.
4.8 It should be noted that there has been a request for a site visit and hearing received from Warren and Nicola Mclntyre who live at 81 Langmuirhead Road. The reasons for the request are to allow the committee to see at first hand the impact that the proposed development and change of use will have on matters such as access, the plot size, drainage, privacy, green space, the open space strategy and local plan policy Application No: C/O9/00 149/F UL
Date Registered: 18th February 2009
Applicant: Excelsior Stadium LLP 16 Park Circus Glasgow G3 6AX
Agent Young And Gault LLP 28 Speirs Wharf Glasgow G4 9TG
Development: Construction of 9 Pitch 5-aside Complex Including Associated Fencing Floodlighting and Car Parking
Location: Excelsior Stadium Craigneuk Avenue Craigneuk Airdrie North Lanarkshire ML6 8QZ
Ward: 01 1 Airdrie South Councillors Michael Coyle, Curley, Fagan & Love
Grid Reference: 277383664695
File Reference: C/PL/AIC744/1JIG L
96/U0359/FUL; Erection of football stadium Granted 7.1 1.1996 Site History: 98/00691/AMD Change of Use of Community Room to Restaurant and from Lounge Area to Public Bar. (Amendment to Planning Conselt (2981359) Granted 29.06.1998 99/00120/FIJL Use Of Site As Open Air Retail Market Refused 07.04 1999 99/00539/AIVID Change Of Use Of Gymnasium And Creche To Licensed Function Rooms (Amendment To Planning Permission C1961359) Granted 14.09.1999 05/00086/FiJl. Use of Site as Car Boot Sale Area (Sundays 8am - 3pm) Granted 18.05.2005 06/00007/NID Erection of Changing Pavilion (Amendment to Planning Permission C/04/0031 I/NID) Granted 30.05.2006
Development Plan: Monksands District Local Plan 1991, Including Finalised First Alterations A, U & C September 1996
Contrary to Development Plan: No
Consultations: SportScotland No objections Strathclyde Polise Comments Representations : 2 letter of representation received.
Newspaper Advertisement: Advertised on 4'h March 2009
Recommendation: Approve Subject to the Following Conditions:-
1 That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That the development shall be implemented in accordance with drawing numbers; 864-1 00; 864-700 and 864-200 Rev.C.
Reason: To clarify the drawings on which this approval of permission is founded.
3. That before the development hereby approved starts, a report which adheres to guidance given in BSI0175.2001 Investigation of Potentially Contaminated Sites, Code of Practice, and describes the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority, and shall include proposals to remove or render harmless these contaminants, having regard to the proposed use of the site, to be agreed ir writir;y with the Planning Authority, and development shall not be commenced until these works have been completed.
Reason: To ensure the proper treatment of the site in the interests of health and safety.
4. That following the completion of all or any of the works required under the terms of condition no. 3 above, a certificate from a Chartered Engineer or body shall be submitted to the Planning Authority confirming that all necessary works havs been carried out in full and to a satisfactory standard.
Reason: To ensure the compliance with condition no. 3 in the interests of health and safety.
5. That BEFORE the development hereby permitted is brought into use; all the parking and manoeuvring areas shown on the approved plans, shall be levelled, properly drained, surfaced in a material which the Planning 'Authority has approved in writing before the start of the surfacing works, and clearly marked out and shall, thereafter, be maintained as parking, manoeuvring areas.
Reason: To ensure the provision of adequate parking facilities within the site
6. That all parking bays shall be a minimuni of 2 5 metres by 5 metres as standard, with the exception of disabled bays which shall be 3 3 metres by 5 metres.
Reason: To ensure the provision of tdequate parking facilities within the site
7. That BEFORE the development hereby permitted starts, full details of the design and location of all fences and walls to be erected or1 the site shall be submitted to, and approved in writing by the Planning Authority
Reason: To enable the Planning Authority to consider these aspects in detail.
8. That BEFORE the development hereby permitted is brought into use the approved noise mitigation measures shall be fully implemerited and a certificate (signed by a qualified Acoustic Consultant) shall be submitted to the Planning AiJthority confirming that the mitigation measures have been carried out in accordance with the recommendations of the Noise Impact Assessment. They shall thereafter be maintained to the satisfact,on of the Planning Authority.
Reason: In the interests of residential amen!t)l 9 That before any part of the deveiopi'iient commences on site the hours of the construction works shall be submitted to and approved in writi-yq by the Planning Authority, and these details shall include the cessation of all construction woris before, during and after all football matches within the adjoining staniurn and thdt adequate access is available at all times to the stadium by emergency vehicles
Reason: In the interests of public safety
10. That before any part of the development mmmences on site the hours of operation of the premises hereby granted planning permissicn shall be submitted to and approved in writing by the Planning Authority For the avoidance of doubt these details shall ensure that the hours of operation do not conflict with the periods bEfore. during and after all football matches within the adjoining stadium and in any case shall no! extend beyond 11 pm, and that adequate access is available at all times to the stadium by emercjencv >/ehicles.
Reason: In the interests of residential amenity and public safety.
11. That before the development hereby permitted is brought into use, details of the proposed floodlighting around the pitches shall be submitted to, and approved by the Planning Authority.
Reason: To enable the Planning Authority to consider these aspects in detail.
Background Papers:
Application form and plans received 12th February 2009
Letter from SportScotland received 16th March 2009 Letter from Councillor Michael Coyle received 11th March 2009 Letters from Strathclyde Police received 7st April 21309 ard May 2009
Memo from Head of Protective Services received 11th March 2009 Memo from Transportation Section received 7'h Aprii 2009 Letter from Craigneuk and Old Petersburn Road Tenants' and Residents' Association c/o Mrs Sharon Craig, 27 Willow Drive. Craigneuk, Airdrie, North Lanarkshire, ML6 8AN received 12th March 2009.
Monklands District Local Plan 1991, Including Finalised First Alterations A, B & C September 1996
Any person wishing to inspect these documents should contact Mr lan Johnston at 01236 812382
Date: 13 May 2009 APPLICATION NO. C1091001491FUL
REPORT
1. Description of Site and Proposal
1.1 P ermission is being sought for the construction of a 9 pitch 5-aside complex including associated fencing, floodlighting and car parking at Excelsior Stadium, Craigneuk Avenue, Airdrie. The new pitches will of a synthetic surface and will be sited within the large open parking area to tile east and south of the uxistiny Stadium. To accommodate the development proposal the existing in-site parking arrangnrnents will be reconfigurated while retaining both car and coach parking for dual use by the existing stadium and the proposed facility. Changing facilities within th? Stadium will serL'e the 5-aside facility.
1.2 Th e existing site accesS arrangements onto Craigneuk Avenue and Petersburn Road will be retained and new perimeter fencirig (3.2 metre high galvanised) will be introduced around the site boundary m Craigneuk Avenue and Howletsnest Road. 3 metre high turfed bunds will also be introduced along the eastern boundary with Howletsnest Road to assist in privacy/ noise attenuation All pitches will be floodlit by 6 metre high lighting columns and bounded by 5 metre high level netting.
1.3 While the initial submission had proposcd an I1 pitch complex the proposals have been amended to redue the number of pitche? to 9 no and alter the internal parking arrangements to accommodate 444 car parking bays with 9 coach bays
2. Development Plan
2.1 The site is covered oy policies LRI I( Improve Public Open Space) and €CON513 (Rehabilitation of Industrial Sites . Former Brickworks) in the adopted Monklands District Local Plan 1991 The proposal raises no strategic issues
3. Consultations and Representations
3.1 Following the standerd neighbour noti:'icatinn mdpublic advertisement procedures no letters of objections were rsce'ved from the gmeral mblic against this proposal. Councillor Michael Coyle offers his suppv-t for this prcposal as he considers that it will enhance the area, create many local jobs and will give children froin the local community usage of the pitches. The Craigneuk & Old Petersburn Vcad Tenants & Residents Association supports this proposal as they consider it an asset which would bring employment and added facilities to the community.
3.2 Strathclyde Police {Monklands Sub Division) advises that the surrounding neighbourhood currently exporiences significant youth disorder arid any proposal to attract local children/youths is welcomed as an "attractive proposition" which is "in line with a focused approach on tackling crime, disorder snd danger within an area of multiple deprivations". Strathclyde Police (Road Policing Division) raises concerns over tlie possible conflict between usage of the proposed facility and the Stadium on match days especially taken the reduction in the available parking spaces. The rewitant impact on the sirrrounding residential streets and the junctions of Petersburn Road and Craigneuk Poad with Carlisie Road are highlighted.
3.3 Sportscotland hzs offered coi?iment on !he general layout of the site in terms of potential pedestrian/vchicuiar conflict and naiseiamenity issues affecting the properties on I-lowletnest Road. Notwithstanding those concerns Sportscotland welcomes the provision of new sports facilities and offers nc objection to the proFlosal. 3.4 The Protective Services Section initially recommended the submission of a Site Investigation Report, an Air Quality lnipact Assessment (AQ;A) and a Noise Impact Assessment. Following submission of the required details that Scction is satisfied with the proposed method of noise attenuation and the air quality standards around the site.
3.5 The Transportatm Section has raised concerns about the development and has recommended refusal. These :::oticerns relate to the reciuction in parking provision within the site and to the positioning and location of some of the parking spaces within the revised parking layout. As a result of the reduced parking prodision within the site there is likely to be an increase in on- street parking oti the surroundiqg residential streets which already experience difficulties on match days The proposed developmeit is likely to result in an increase in traffic using the junctions of Peiersourn Road and Craigneuk Avenue with the A73 Carlisle Road where difficulties art? preseiitly experienced durin!j the day particularly at peak times.
3.6 The Transportation section has advised tha: should the application be recommended for approval then wec!f'lc conditions be attxhed. These require the submission of a traffic statement, the telocation of boundary fencing to accommodate the required visibility splays, each parking space io measure 2.5m by 5m,gatss to open inwards. the provision of pedestrian footpaths with bollards, segregated coach parking area and traffic calming within the site.
3.7 North Lanarkshire Leisure has raized concerns that the loss of in-site parking provision resulting from this proposal 3s this will have an adverse impact on the availability of spaces within the adjacent public car park that serves the football pitches on Craigneuk Avenue 4. -Plann inn Assess mei?t and Concl us ions 4.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that the application be determined in acr.nrdance with the devdopment plan unless material considerations indicate otherwise. The development plan comprisx The Glasgow and the Clyde Valley Structure Plan 2000 incorporzting the Third Alteration 2006 ard the Adopted Monklands District Local Plan 1991.
4.2 With regards to the Structure Plar; the piviesal is considered to be of no strategic significance and therefclrc does not conflict wth the Structure Plan. In terms of the Local Plan the site is predominantly cc,/er?d by policy MI1 (Imimve Public Open Space) with B small section to the south east covered by policy €CON 513 (Kehabilitation of Industrial Sites). The site is currently laid out a:; F vajor leisure/recreati~nalfacility (Excelsior Football Stadium) with associated parking and the proposed intensification of the leisure provision within this site accords in principle with policy LR11
4.3 Concern ha? ken rEiised over the potentid loss of car parking provision within the site which is currently reqiiirerl to serve the existing Stsdium on match days. It is however highlighted by the applicant that the new facility (5 a-side cevelopment) will only operate at limited periods on match days, thus preventing conflict in us.3ge of the car park, and by formalising the layout of the car park msre efficiently as opposed to the current unlined situation then the anticipated overall loss of pxking spaces will be in the relclion 3f 200 spaces from the existing estimated provision of 850 spaces. Taken that the a\:eracJe attendance at the Stadium is in the region of 1300 persons, rran:' of whom 8rt3 local to the area then the demand for car parking can, on most occasions k)e met within thrl site On iqfrequent occasions such as a major sporting event or "big match ' there 1:s an inforniai ,3greeiwnt. iviili the Council to provide temporary car parking for the Stadi\.!m at thE adjacent Craigneuk Park pavilion car park. While it is accepted that there may be some impact cn the nearby junctinis on Petersburn Road and Craigneuk Avenue as a result of this del!elc!!ment the increased kaffic generation is not considered to be substantial and the environrnerital ard soci31 ber1,:tfits created by the development will more than compensate fo, in~s!constra;nt. 4.4 The Protective S.=-rvii:esSection has fully assessed the issues of Air Quality and adverse Noise impacts of this development on the surrcunding communities and are satisfied that local air quality will not be unduly affected by the irtrodciction of this 5 a-side. In respect of potential adverse noise levels a Noise Impact Rep'irt has been assessed and the Protective Services Section is satiskd that the proposed bunciiny of material along the Howletsnest Road boundary of the site will provide adequate Noise mitigation from the pitches.
4.5 The in site laycut has been amended to take account of the Transportation Section's comments in respect of visibility splay requirements, gate repositioning, pedestrian footpath and parking bay standards. coach bay location, traffic calming and signage.
4.6 In terms of benefits to the surrounding community this proposal has gained support from the Police, a local inemlier and the Ioca! Tevmts and Residents Association who consider that it will not only bring eiiiployrnent to the area but by providing free access of the facility to local children/youths this will potentially impact on youth disorder which is the highest cause of reported inciclenis to the police.
4.7 Taking all of the 'ior'qoing into account thc propcsal is acceptable both in policy terms and also in respect of design, layout and impact on the surrounding environments/properties. The social benefits to the c.orrmunity are recognisee and no objections have been received. I therefore recommend that plaining permission be granted subject to the stated conditions. Application No:
Date Registered: 25th March 2003
Applicant: Michael Danyluk Raiziehill Farm Airdrie Road Caldercruix North Lanarkshire EH48 3AG
Agent
Development: Erection of Pcjpcorn Production Building (Relocation of Unit Approved Under Planning Permission C/02/0101O/FUL) and forma5on of ALcess Road (Part-Retrospective)
Location: Raiziehill Farm Airdrie Road Caldercruix North Lanarkshire EH48 3kG
Ward: 007 Airdrie Nortn Cllrs Cameron, Morgan, McGuigan and S Coyle
Grid Reference: 286333 667072
File Reference: CIPLlCCA247ICOLMIGL
Site History: 02/0'iOIO/FUL Change of Use of Barn to manufacturing Unit with Offices and Vistkor Centre (part Retrospective) and Installation of Wind Turbine Generator
Granted by Scoftish Ministers 8 June 2004
Development Plan: Monklands hirrct Local Plan 1991, including Finalised First Altersticms A,, R & C September 1996
Contrary to Development Plan: No
Consultations: Scottish Enviror rnen?Protection Agency (No Objection) Scottish Water (No Objection) Health and Safety Executive (No Objection) British Gas (No Objection) Scottish Power (No Objection) Network Rail (Comments)
Representations: Two letters of wpresertation received.
Recommendation: Approve Subject to the Following Conditions:-
1. That the replacement manufacturir~~unit (tne site of which is delineated in red on the application plans hereby approved) shall bt? used as a popcorn manufacturing facility and ancillary visitor centre and for no other purpose. including any other purpose in Class 5 of the Schedule to the 'Town and Country Plannirg (Use Classes)(Scotland) Order 1997.
Reason: To ensure that this predominantly manufacturing use is adequately controlled in this countryside location and to reflect the terms of the original planning permission 02/01010/FUL.
2. That within one month of the date of this pwmissm unless otherwise agreed in writing with the Planning Author!t;!. a comprehenciw site ir vestigation report shall be submitted to and for the approval of the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175 : 'The Invsstigation of Potentially Contaminated Sites' or CLR 11, The report rnust include a site specific risk assessment of all relevant pollution linkages and a conceptual site modd. Depnding on the results of the investigation, a detailed Remediation Strategy may be required.
Reason: To establish whether or not site eecontamination is required in the interests of the amenity and wellbeing of future operatives employed at the site.
3. That any remediation works identified by the site investigation (as required in terms of Condition 2 above), shall be carried out within 3 months of the site investigation report being agreed by the Planning Authority. A certificate (signed by a Chartered Environmental Engineer) shall be submitted to the FJlarining Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.
Reason: To ensure that the site is free of rontaminatron in the interests of the amenity and wellbeing of future operatives employed at the site.
4. That before the buildiiig hereby approved i,j brought into use, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to and for the approval of the sald Autfiority. For the avoidance of doubt the drainage scheme must comply with the requirements of the publication titled 'Drainage Assessment : A Guide for Scotland. and any other advice subsqaAentlypublished by the Scottish Environment Protection Agen.:.y ISEPA) or the Sustainahle Urban Drainage Scottish Working Party (S UDSWP ) . The post-developrne'it surface wat?r discharges shall ensure that the rate and quantity of run- off to any watercourse are no greater than )he pre-development run-off for any storm return period unless it can he demons!:rated that 2 higher discharge is necessary to protect or improve the aquatic habitat. SUDS shall stil! bp provided even where discharges are proposed to public sewers notwithstanding any conditions imposed by Scottish Water.
Reason: To ensure that the drainage s:/~erve complies with best SUDS practice to protect adjacent watercoxses and groundwater
5. That the SUDS compliant surface water drainage scheme approved in terms of Condition 4 above; shall he irnpleinentetl conternporaneousiy with the development in so far as is reasonably practical. Within three months Jf the construction of the SUDS, a certificate (signed by a Chartered CIL~Engineer experienced ,n drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constmcted in accordawe with the relevant ClRlA Manual and the aoprwed plans.
Reason: To safeyiard adjacent watercourses aid groundwater frotn pollution 6. That within one month of the date of this permission, a scheme of landscaping shall be submltted 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 p!aniing, incorpotating details of the location, number, variety and size of trees and shrubs to be planted. (c) an indicatm of ail existing trees and hedgerov/s, plus details of those to be retained, and measures for their protection in the course of debelopment (d) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the developiiient of the site. (e) a letter of confirmation that the landscape works are acceptable to Network Rail Infrastructure 1 td in respect of any impacts on the adjacent railway line.
Reason: To enable the Planning Authority and Network Rail to consider these aspects in detail
7. That all works included in the scheme of landscaping and planting, approved under the terms of condition 5 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 commencement of operaticns of the plant hereby permitted, shall be replaced within the follouing year with others of a simiiar size and species.
Reason: In the interest of the visual amenity of the site and the surrounding area.
8. That before the building hereby permitted is brought into use, all the parking and manoeuvring areas, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfaciiig work and clearly marked out, and shall, thereafter, be maintained as parking and rrianoeuvring areas.
Reason: To er7sgt-e the provision of satisfactory venicular access and parking facilities.
9. That before the bui:ding hereby approved is brought into use, schemes for the following provisions shall 5e SI rbmitted for the written apprwal of the Planning Authority:-
a. access to the proposed hilding fr mi the public road shall be via a dropped kerb verge crossing arrangement; b. visibility splays of 4.5 metre:' x 215 metres shall be provided and maintained in both directions of the A89 Airdre road: c. full c'etailc d the method of closur~for the existing Raiziehill farm access; d. access to the site shall be a rnininiiim of 7.3 m from the A89 to the proposed car park and this should be paved over the first 18metres; e. any gate:; skould be set hick a miiiimum distance of 18metres from the public road; f. a 24 metre diameter turning facility shall be provided to permit all vehicles to enter and leave the site in a forwa:d gear; g. a total cf 15 car parking spaces sh311 be provided on site with each space (excepting the 2 disabled driver parking spaces) measuring 2.5 metres x 5.0 metres and 6.0 metres mir,imum isle width. The prvlting layout shall riot encroach the use of the vehicle turning area:
Reason: To a low tbte Plannlng AAthority to consider these provisions in the interests of traffic and pedestriar sifety at the locus 10. That only one m:es:; shall serve both the i-reposed building hereby approved and Raiziehill Farm. For the av?id;mce of doubt the existing access road to Raiziehill Farm shall be permanently dosed !o all vehicles coritemy:oraneously with the bringing into use of the new access road all to the satisfaction of the Phnning Authority and in accordance with those details agreed as per c:c8idifIon9.
Reason: In the irjterasts of traffic aid pedestrian safety at the locus.
Background Papers:
Application form and plar s wceived 25th M vch 2039
Letter from Scottish Erivironrrient Protection Agency recwved 27th April 2009 Letter from British Gas recei ,ed 23rd April 2009 Letter from Scottish F'nwci received 22rd Awl 2009 Letter from Netwcrk Rail received 1'' April 2009 Memo from Head of Protective Services received 16th April 2009 Memo from NLC Landscape Services received 17th April 2009
Letter from Karen Whitefield MSP Constituency Oifice, 3 Sandvale Place Shotts received 26'h March 2009 Letter from Cllr T Morgari Civic Centre Wmdtnillnld Street, Nlothenvell received 2"d April 2009
Monklands District Local Plarl 1991, lncliidltig Fina'lsed First Alterations A, B 8, C September 1996
Any person wishing t.? inspert these documents sh~uldcontact Mr Colin Marshall at 01236 812376. APPLICATION NO. GIB9~00.3271AMD
REPORT
1. Description of Site and Proposa!
1.1 Planning permission is being sought (in part retrospect) for the construction of a replacement popcorn food production building at Raiziehill Farm, Airdrie Road, Caldercruix. The application site extends to some 0.74ha and is located to the north of the A89, some 2 miles east Of Caldercruix and IS bounded to the north b; rhe Airdrie-Bathgate railway embankment. A mix Of woodlands and rough grazing land extends to the west, south and east. Raiziehill Farmhouse is located immediately adjacent to rhe site and Is occupied by the applicant in support of the popcorn prodr !,:ii,jri k-uiness.
1.2 The existing food production building, (apr roved by Scottish Ministers in 2004) is located to the north of the Airdrie-3atbgate railmajf line '2nd this is to be demolished as part of the ongoing railway develoment works by Network IRail. A replacement bridge had been proposed by Network Rail however this bridge was no longer required following an agreement between Network Rail and the applicant to provide a replacement building to the south of the railway. (Refer to paragraph 1.4 below). Subsequently a replacement building of a similar design has now been partially constructed to the soiith of the railway line. A new vehicular access and driveway would be constructed cff the AF9 and the proposed site layout would incorporate a service vehicle iiirning circle anc! visitor aid eiTplcryee car park offering a total of 14 spaces. The site would ahO be subject to lartdscapiqy works and provided with a drainage system.
1.3 The building is single storey in height, measuring some 22m in length, 18m in width and 5.8m in height. Intern2lly the proposed building wculd provide popcorn production, storage and visitor studio areas Am3llzt-y office. toilets and chff roorns would also be accommodated within the building. Exterw!ly finishing materials wc LIE comprise terracotta coloured aluminium panels with brow? coloured weathertoarcling to e) ternal walls and concrete plinth flooring. An overhead canopy would be provided at the southern elevation. The building would have a metal roller shutter servjce access to its west elevation
1.4 Background, This proposal has Seen scibmitted as a result of a legal agreement between Network Rail and the applicant, where a rsplacctment over-bridge bridge (required to maintain access to the wisting birilding to the wrth of the railway) would no longer be necessary provided a replxemeni building could be constructed to the south of the railway. Network Rail agreed to veet ;he applicant's costs in this proposal subject to the existing site being vacated by 31" May 2709. The applicant has ad\,ked that due to the legally binding timescales the proposals haw beer implemented before the necessary permissions and warrants have been put in place. Whilst the application was recisterea on 25'' March 2009, the applicant decided (at his own risk) ?I vnrnw-ktely procied with the development before the application details were considered by tbe CoiJncil. ,4s such some elements of proposals are being considered in retrospect. The existir:g site would be acqiiired by Network Rail and form part of theii proposals to provide part of the long distance cycle route that is to run parallel in part with the railway.
2. --Development
2. I The apdicatior: site is located wrtntn an area covered by Policy GB2 (Restrict Development in Countryside ;-o,ind Towns) as notc?d in the qdopted Monklands District Local Plan 1991. Policies C(J1/3 /i. ;as Pipeline Safety Zone) TR1/3 (Support Rail Transport) and LR7/1 (Develop Network of Lor q Osiaiice Paths! ale alscI elevart 3. ConsuIt at ions and Represent atiqmr,
3.1 SEPA had no r,ornmenis 3.2 There was no okqection from HSE
3.3 Scottish Waiei. had n3 objection.
3.4 NLC Protectivi: Swv ce:s had no objection i>rovided a ground condition survey is undertaken and appropriate rni:ic;ation measures agreed as necessary. Due to the retrospective nature of this development itie applicant was au\iised of rhis specific and essential requirement. The applicant advised that a ground investigation survey !bad been carried out before the building was erected and has agrec.d ?I C,L i)imlt the stn'ry inforniatiori to Council in due course.
3.5 NLC L.aridscape Services had no objection provided further landscape details were submitted for further consideration.
3.6 NLC Transpoitatlon Section had no objection subject to conditions requesting further surfacing details and ewir,ng that only one vehicula, access serve the building and Raiziehill farm.
3.7 Network Rail !la;nc objection subject to conditions or advisory notes that would safeguard the Airdrie-Bathgate Ra-lway line in terns of drainage, boundary treatment, on site hazards, landscaping a--damenity.
3.8 There were tw ett.3'; of represewmns from K Whitefield MSP and Councillor T Morgan who both asked that -7pp;opriate steps could bt~taken by the Council in assisting the applicant meet the deadline !-mmecl by Netwxk Hail
4. Planninq Assessment and Conclusions
4.1 Section 25 of !he Tcwn and Country Plmning (Scotland) Act 1997 provides that where, in making any determit-iation under the Planning Act, regard is to be had to the development plan, and the deteri l*iir:aticrshall be made in ac?ordance with the plan unless material considerations indicate ot!ierp 4.2 The site falls ,,wA3irixi area ::cvei.ed by oky GB2 of the Adopted Local Plan, which puts in place a presumliticn against isolated devalopments unless a specific locational need can be demonstrated Pi oposals niaed to be justi'ied in terms of economic benefit, specific locational need. infrastriictm irnDlica%ns arld snvirmmental impact. As noted above the proposed pop corn production bur!ding is to replace 611 existing pop corn production building that was previously grsntud planning permission br/ Scottish Ministers in 2004 following a public local inquiry. The ~Sc~)trishMinisters corisidersd a popcorn production business would be an ameptable us,? 1'1 +his countryside locatior and was consistent with the Rural Investment Area policy of ths ,3f'~ciire Flan am3 xcord?d wt:i a draft Scottish Planning Policy document "Planning for l?~:~alDevelopment which Prlcouraged planning authorities to support a wide ravge of econcrric activity in riJraI Scotland 4.3 The Finalised iliait Idorth Lmarkshire Lomi Plan 2008 designates the site as NBE 3B Rural Investment P,r'?i This policy sets out apcropriale developments as development that may be appropriate fc , 11-16 jreenbelt, t~.~sinesr,i,-!dustry or tourisrri up to 1000m2 demonstrating icies DSP '~2.3, avl 4 are: also relevant. The proposed development is :-ale to be c;nsiderer; contrary to DSPI. The rural location of the original developmen: ~$13; accepted by Scotish i'.jlinisters and it is noted the proposals represent a replacement h;il:!ing at the same site. The impact of this business use on the local environment has also beer, p,evmusly considerEd acce.)table. The proposals involve a replacement building of similar design mc: scale to that previousiy propcsed and would include additional landscaping works to impl-o;.c. its r'Jral setting. It is cons.dered that the proposals are riot inconsistent with the FDNLLP. 4.4 The proposai :w.~%?3 bs assessed in terr-is of iis impact on the site and surrounding area and whether the vte /cIc:?+ionis appropriate fer' a bLiilding of this scale and form. In terms of the building drsis,., '? is noted the oxternal r iaterials are similar to the existing building and are k~l:I?,The proposed bi.!,d!ng IS slightly larger than the existing however the e eqough to xcor-rn?o~.iatcbe building and required infrastructure. The replace,mnt % div; would 2,isc) h? le! .s mminent and its visual impact is considered acceptable. 4.5 NLC Transpoi!;?i r)v Section had no objec:.ion provided the development is only served via the proposed at:cess road shown or: the layoi,t plan with appropriate visibility splays provided. This would require i'i? existir!g farm access fl-ctm the A89 to be closed off in the interests of traffic safety. The exist!ng farm house would take an access from the new roadway and this alteration could be ccw~:,v:d by a planning condition. Faking and turning facilities are considered acceptable. 4.6 NLC Prote:h ?er it:es had no z@ectio:. rrovided a ground investigation survey is submitted for their CCJY,I PI?TIO~As the biiildlng h;tf bee? partially cornpleted it would be appropriate to ccver this hy -, i)'z-nrng conditi'ifi that I" xild whde a time limit for the submission of this inform at ion 4.7 NLC L.andsc?8::ie Swices had IIO ohje.:iion Iprovided a detailed landscaping scheme is scbmitted for rmsidt?ration. ?his mild ako be covered by planning condition. It was noted the building would hr. geier8311yscreened by ?xisting woodland and further landscaping would be welcomecl. 4.8 SEPA had ' oi'irrtwts arid Scottish Wa er hw 1.10 objections A new surface and foul water drainage systr ili IS til be installed to serve he new building and it is considered appropriate that a SUDS s-- I( 19 (1 :luded as mtof thc surfi?~e water treatment This could be covered by a planning cord 1' I 4.9 Network Rail haii no objecticrl to the proposals wbject to conditions or the issue of appropriate advisory notcrc- tt iat would safeguard the Airdrie-Bathgate Railway line in terms of drainage, boundary trea+,'i ?nt 3n site haz:ards landscaping and amenity. In this regard a copy of Network Rats lstte- ha.? tieer-. fcrwarded tc) the ap:'!icant for consideration. Further details on boundary treatment. i?rc!!rd ccmitions and landscarjinc; could be coL,ered by condition with such details requiring the aqr(i'errent ,~fNetwork Rail. 4.10 4.11 The letters c' IL.>CL ritatiorl fror, k'. VlhilrJkld LISP and Cllr Morgan raised no Objection to the proposals !I It --I( =:,led the PlannxngAu ticx-iP/ to assist the applicant meet the terms of the legal agreerlic T wiiii Network Rail mliich *?qiiiras'i the applicant to vacate the existing pop corn productrorr buildir g by 31 '' May 2009 4.12 Following cansideration of the above the proposals are considered to be acceptable. The replacement pop corn production building \imuld replace an existing building which would be demolished The site area is large enouqh to accommodate the proposed building and the proposed accx;:. ~:iothe A89 offers a!. imprwement over the existing arrangement. The design finish 2912 scale of the buildiqg is ac ceptable in terms of its impact on visual amenity and an appropr!aie cak'age scheme could hi.: covered by condition. The safety issues raised by Network Rail are noted however landscaw, boundary treatment and drainage arrangements would need 'ct 'li->et !heir req!irelnents. It is therefore recommended that planning permission be granted Sl.il.ijF!(:t t:b conditions. Application No: C/09/03401lOlJ T Date Registered: 9th April 2009 Applicant: Plan terra 16 St Ninians Lanark ML11 7HX Development: Residential Develop tne nt (In 0 utl ine) Location: Land North Of Former B & Q Car Park Locks Street Coatdyke Coatbridye North Lan arksta ire Ward: 008 kird;re Cen:ral Cllrs Devine, Logue (3Stocks Grid Reference: 272265660531 File Reference: CYP L!CT L7 0 5i L M/G L Site History: Development Plan: Monkiands District Local Plan 1991, Including Finalised First Alteralioris A, B & C Saptember 1996 Contrary to Developi-rit<;i Pkn No Consultations: Scottish Water Scottisil Power Representations : NG letters of represenlation received Newspaper Advertisement: Not Required Recornmendat ion : 1 Refuse for the reason that the prcposed development would have a significant detrimental impact to road safety for vehicles and pedestrians heto he proposed location of the access to the site and therefore IS c3n;rat-y to the development plan in respect of policy HG9 (Existing Housing Areas) and the associated design guidance on lnfill Housing’ contained in the Monklands District Local Plan 1991 Bac kg rou nd Papers: Application form arrd ulars received 9th April :ZOO9 Letter from Scottish Pcwer received 5th May 2009 Memo from Geotechtxai Team Leader received 1 !tn May 2009 Memo from Head of Protective Services received 27th April 2009 Monklands Distnct Local Plaii 1991, Including Finalised First Alterations A, B & C September 1996 Any person wishing to inc:Jecl these documints should contact Ms Leigh Menzies at 01236 812372. Date: 19 May 2009 APPLICATION NO. C~39/Q04Ol/OUT REPORT Description of Site and Proposal Planning permission is being sought, in autline, for the erection of a flatted development on Locks Street. Coatbridge. The application site is vacant with a flat cleared area to the north with rough grass with the south of the site covered by trees and vegetation. In addition the western edge of the sito xntains 3 hoardings and some formal landscaping. Although the site itself is fairly flat there IS a sharp difference in grcdnd level with that of the land at the north and west which is higher. The site is located next k) a roundabout on the A89 which is the main route between Airdr, i ,-jri:l Coatbridge. ttie proposed access from Locks Street is at the closest point to the roundabout. The site is surrounded by a variety of uses, to the north a mixture of commercial on the ground floor and residential on the upper floor. To the west residential properties and to the south commercial retail warehouses. To the east of the site is a further area of vacan? land. The proposal under consideration is for the erection of a flatted development. As the application is in outline no detailed proposals have beehi submitted in terms of the site layout, house types etc. as these matters would be considered at the reserved matters stage, should this application be successful. Notwithstanding this indicative details have been submitted indicating that the site would take access would remain as e),isting although improved in that it would be increased in width. In addition tbe plans indicated that the buildings would be 3 and 4 stories in height. Development-P@ In terms of the Monklands District Local Plan 1991 the site is covered by policy HG9 Established Hcvsing Area. As the applica::ion raises no strategic issues, it can be assessed in terms of the local plan policy. Co ns u Itat ion S~Jd Rep rese n tat io n s The Transportat 311 Section has indicatecl that the application should be refused and have provided the ff,'k) n/inJ coniments I. Lock Street forms part of the rcute classified as the 8753 and carries a significant volun-6:. rf traffic linking the A89 to the A8 at Carnbroe. Locks Street functions as a local distrib!jtor road, and direct frontage access is not normally permitted. In order to satisfy road hierarchy requirements, any development accessed from Locks Street should be served by a road to general access road standards located a desirable minimum of 100m. c:r sn abSOllJtc? minimum of 40m, from any other accesses or junctions which exists along the length of Locks Street. The existing access located to the north end of the site is located approximately 16m from the Locks SUA89 Main Street junction and an access to a dwelling exists directly opposite the southern boundary of the site. No scow ??pears to exist to provide the necessary junction spacing which is required to ensure tbe safe and efficient oper;Ition of the road. II. The site should be accesseci by 21 road constructed to adoptable standards i.e. 5.5m wide wtl? 2 Om footways along bo!h sides and terminate in a turning facility, preferably a circle Wmle the maximum gradient of the road should not exceed 8% this should be reducsd to a maximum of 2.5% for a distance of 15m from its junction with Locks Street It would appear that due to the existing level differences that there is no scope to achieve these requirements parlicuIar,ly at the north boundary of the site. iii. There 15: an area of vacant land between the site and Rochsolloch Road to the east. Development of the above site should therefore be such that it does not sterilise access to this area should future developnlent be proposed. 3.2 Following tke swidard neighbour notifi ;ation process no letters of representation were received 4. PIan n in g Ass es.5 me n t and COI? c i u s io n s 4.1 The proposal teqLi:rt;s to be assessed uncier the terms of the development plan and any other material consideratior,. In this instance thei? a"e -10strategic planning issues to address and the proposals reqi :red ti: be assessed under the tetms of the relevant local plan policy. Although the site is (lesi jriaieed as HG9 Established Housing Areas, and the associated design guidance on 'Infill Hoiisiiig is also relevant \/Vith reqard to this it is considered that given the local plan policy and range of surrounding uses, the iirinciple of residential development in this location is acceptable. 4.2 In terms of tile Finalised Draft North Lanzrkshire Local Plan the site is designated as DSAP4 Local Area I:;:z;jc.,ier:?,tion Pricrity which loc,ks to co-ordinate feasibility studies and master plans in the context 2f n M ider aroa in this "se Rochsolloch. The master plan exercise for this area has commei7cca however it is still in the early stages, and it is considered that the proposed use is unlikely ic cW'Iict .,vith wider aims of t9c. regeneration of the area. In addition the site is also designated as ElCl C whkh encourages the inclusion of a wide range of uses. It is therefore considered thFi! i7 principle, the proposed 13nu mewould be acceptable given the above, 4.3 Notwithstanding the above in tern:s of policy tiG9 and the relevant design guidance developmeii's ,are xceptable so loig as certain criteria can be met. It is noted that in general it may be possible for any proposed cievelop.nent in this location to meet the guidance in terms of parking provision. prcvncy, open space etc.. however crucially the proposed access to the site from the mail1 rcud IS also a material corlyideration. In terms of road safety the proposal of the access to thi: ::itcl frctn a point dini:tly acwss frcm the pedestrian island and only a few metres away from sur? a kusy roundabout serwng the A89 and B753 would have a significantly detrimentA effec! on road safety fcr all vetides and pedestrians. 4.4 Regarding the wnments from the Transpc. 1. It ISapeficl that with regard to the ,mposed access to the site this is detrimental to road safety :NKIthat any reloca!ion of Viis access to another point along Locks Street would press-t 4Aifional issues, which cc!?ldalso have a significant detrimental impact. II. In terrx of the ability 01 the prqmsed junction to be constructed to the required ... standarc! it if3agreed that this may not be achievable due to the ground levels present. 111. With ragnrd to the poter-tial deve!oprneqt of the site to the east the master plan for this area ;r: still .I' its initial siages. 4.5 In conclusiol' r.'i/irvj regard to the iwmraised above it is considered that the proposal IS contrary to the dsvelopment plan as it fails to meet the criteria of policy HG9 and associated design guie,?rlff: rer31iiring the prcvision d an adequate access to the site It is therefore reconimendea 'bjat tl e applicatiop be refus2.d Application No Date Registered 14th AiIril 2009 Applicant: Mr MacKenzie The Abert Bap 64 Clark Street A ird rie ML6 6DW Agent James Baird Asxciates Ltd 153 Ur im Stret t LAikl 1 a I, ML9 IEE? Developmen t : Erection of Raised Decking To Rear of Public House for Use as External Srnox,ng Area and Beer Garden Location: The Alfaeil Bar 64 Clark Street Air'drie North Lanarkshire ML6 GDW Ward: 8 Airdrie Cen:rei Councillors: Devine, Logue and Stocks Grid Reference: 276738 665455 File Reference: Site History: 00/335<6/F:UL Ke-Roofing Of Public House (Approved 30.06.2000) Development Plan: Phnk tl~~r'sDis:i-ict Local Plan 1991, Including Finalised First Altsra: 0'1s A, B G C September 1996 Poky (Hoiisiiig Foiicy for Existing Residential Areas) Contrary to Developr,w?. Pial-I WO Consultations: Representations: 2 Ictttm of repi i sentation received. Newspaper Advertism or4 Adva:ised on 22nd April 2009 Recommendation: 1. Refuse foi Pi<; lea .m that the oeveloptnent is contrary to Policy HG9 (a) of the Adopted Monklands Die li;t local Plan "EPI in that it would adversely affect the residential amenity of the area throqi.; creating a stlgnifliant lass of privacy and a significant noise nuisance to adjoining resiuerits Background Papers : Application form and ~h~srr-seived 14th Priril 2009 Memo from Head of P~~,+cxtibteServices re( cived :?rd April 2009 Letter from Owner/Occ.upier. 70 Clark Street, Airdrie ML6 6DW received 23rd April 2009. Letter from Mrs Robertaon, 3 Millers Place, Airdrie. MLG 6DR received 5th May 2009. Monklands District Local Plan 1991, lncldding Finalised First Alterations A, B & C September 1996 Any person wishing to Inspect these documents sh ,u;d contact Mr William Shand at 01236 812231 Date: 18 May 2009 APPLICATION NO.C!OD100408/FUL REPORT I. -Description of Site and Proposal 1.I Planning permission is sought for the conslruction of an area of raised decking to the rear of the public house at 64 Clark Street, Airdrie for the use as an external smoking area and beer garden. The property is a two storey pukilic house which is located in the middle of terrace formation on Claik Street. The building is attached to a disused single storey snooker hall to the west and a recziciential building of similar scale and design to the east. The attached building to the east corrprises of several flatled prorerries over three levels. Due to the sloping nature of . entrance door to the public house is situated 2 metres above ground level with steps to a rear amenity space which appears to be unused currently and seems generally unmanaged. The south of the site is also screened by a row of dense trees. 1.2 The proposed xt?aof decking woirld be at"ached directly onto the rear of the building and would be accessed by the current access door. This access door would be altered in that it would be replaced with a timber porch with east facing door. There would be a window on the south elevation of this porch structure. The decking floor level would be 2 metres above ground level and would provide access to the amenity area through a set of stairs on the eastern end of the decking. The cl?ckinLgwould project from the building approximately 7 metres and would have a width of 6.45 metres. There wo~ildbe a tlnber ballastrude with a height of 1.1 metres around the full area of decking. The underneath 3f the decking would not be closed in anyway. The decking would toe set off the adjoir ing eastern boundary by 2.25 metres. 2. Development 2.1 As the developwent is not of strategic imnortance the relevant development plan would be the Adopted Moilltlai-ids District Local Plan 1% 1, 2.2 The site is located wi?hin an area designatccl as HG9 (Housing Policy within Existing Residential Areas) in the Adopted Monklands District Local Plan. 3. 3.1 Protective Sei'!'iC?!: have DbjecteJ to the rxoposal on the basis that there would a considerable noise nuisance aid privacy issue froni the development on the neighbouring properties. 3.2 Following the standard neighbour notification procedure and an advert in the local press, 2 letters of objectim were received 1 letter of objection was made on behalf of all the residents within Miller: Flam The points of objecticrr can be summarised as follows. (a) The neigli!m!rs \~ouldbe subject to noise nu sance 2nd disturbance from the decking being closer to thei( ,?iwerties and the exit door bwng left open more often (b) The deckly- wc~~'dlead to EI loss of privacy to nearby residences through overlooking of their gardens an? properties (c) There ~io~ldbe an increase in the level of antt-social behaviour experienced by the neighbounng qmties (d) Patrons of the pub would have the ahillty to enter the private rear grounds of the former Snooker Hall XI sin?, security concerns 4. PIann in R A S~Jt~;.;~~ nt and CO n c 1 usi o ns 4.1 Section 25 of the Town and Country Plaririing (Scotland) Act 1997 requires that the application be detern1inc.d ,r accordance with the de\/i.:lopmant plan unless material considerations indicate otherwise. -Ptli: ;-::le:ant policy for the site: is HG9 (a) which states that in existing residential areas there ~llbe :: presumption againsl. development which is likely to adversely affect the amenity of irlf? \:rsz Given that the site is neighboured with residential flats to the east, this policy is imp.j,ler,it fci' the consideration of this application. The material considerations of the application v.iC s.!(,:t:+, nine whether the del;e:opment would affect the residential amenity of the area or accord wth policy HGY(a). 4.2 A consideration for this applicatior! would be the noise generated by the expansion of the public house floor c,x :e into tl-e outdmr an'enity area. The surrounding properties would be subjected to 2 ;.ettail1 degree of noise nuis3nce at present by being located next to an operating public house eve.1 wthout this outdoor are2. The decking area would formalise an outdoor area of the public I-,xse d?ich woiild brir!g thc? nois2 nuisance closer to the neighbouring properties and without tk5er:sfit of internal walls t:: reduce the impact. The Protective Services section have objected $0 thic; proposal on the bask that i? would increase the level of noise nuisance .-!aighbouring residentid properties. Several windows of different flats would be in close prloxirl^itjr :within 3-4 metres) to the proposed decking. One of these windows would be on the sanin %v?I as the decking while ailother would be higher than the decking. Given that the decking ,ir.c!,i!d i:itroduc'3 a land iuse \vhich has the potential to create a significant noise nuisance fror-i i-l.?gular public house entwtainment and background noise close to existing residential windc.ws it is considered ir: this instance that the impact to the residential area would be significat3 am: unacceptable. Viis beer garden/ smoking area could potentially be used for long periods U! the day and tiw noise from its use would limit the amount of time the neighbouring resrdents cou!d have their wndows open without being subject to a considerable noise nuisancr Even with closec! windows it: is considered that the given the close proximity of the decking +'-yOr?!would be a sigxficant tiaise nuisance. It is also considered that there would be no reasonable niethod to rnitigate the: ncise trom this development given that there are residential v~kwwsnt a higher lwel than the uecking a3 well as windows which are level with the decking GIVW this it would be i!rgiied that the proposed development would adversely affect the re,sidential amenity of the area. 4.3 As the decking flax level would be situatej ai 2 metres higher than the ground level of the rear amenity area 't considered that the deck,qg would also result in a significant loss of privacy for the neighboiirln? residents. 'There is a w!,,:dow on the adjoining property which would be level with the de<;! 4.4 The Finalised !j:.$t North l..anork::iiire 1.c;c.al Phi 21308 is a material consideration. The policy designation {or Yis site is not alterea with:r, !he Finalised Draft Local Plan. 4.5 In relatior tr\ I ' I~*c)t ?ds of oqect on the 4lowirig comments can be noted (a) It is ayre- c, r3'id considered twt the d%eloprrent would cause a significant noise nuisance (b) It IS agre?r ar d c msidered twt itie i,wed dxking would cause a significant loss of privacy (c) The use ot I:?? J deckir'g l'j ariti so- at heliaviour would not be considered as a material planning CO IC ,. r,itl;n as ;his ,b~rild%J con rolled through other legislation The Planning Authority cm L 4 c ,isider the de,/elqmr nt or; ts merits based on its Intended and proposed use 4.6 Having rep.:' :fi8i foregoing, it IS r:oncli.i3ed hat the proposed raised decking to be used as a beer garden/ :ir~iol 7 area wo~ldcause ;i significant reduction in privacy and would create an unacceptable! he! noise riiiisai-ce whicii would adversely affect the residential amenity of the area. It would appear that tklere i:: no reas >cable mitigatton solution to either of these significant i-tot in turn cause sigiific~.ntharm to the residential area. Given that the /ed three ohjections i me o:i behalf of several residents and another from ,311 of which ,;We tkwse as re3sons for objection I recommend that the 3 for the afcrenieniw ed reasor. Application No: 5/08/00 7 3 1/RE NI Date Registered: 4th June 2008 Applicant: New Braniiock Ltd I0Charlotte Square Edinburgh EH2 4DR Agent Young & Gault Architects 28 Speirs Wharf Glasgow G4 9TG Development: New Build Golf Clubhouse Facility with Associated Landscaping and Road Infrastructure and Regrading of Land (Reserved Matters for Application S10210097210UT) Location: Torrance Park Golf Course Legbrannock Road Newarthill Motherwell Ward: 15 Mossend and Holytown: Councillors J Coyle, Delaney and McKeown Grid Reference: 278631 660465 File Reference: SIPLIBI5162IGA RiG F Site History: 00103715/FUL Coiistruction of Maintenance Building and Compound 00/00810/0UT Renewal of Outline Permission for Change of Use to Recreational and Mixed Uses 00/01328/REM Construction of Clubhouse, Driving Range and Five- A-Side Football Centre 02/00972/OUT Mixed Use Leisure and Residential Development (In Outline) 98/01 1%/REM Construction of Golf Course, On and Off Site Roadworks, Strucure Planting and Related Works 99100621iCllT Residential Development (In Outline) 05/01 764iFUL Erection of Temporary Golf Changing Facility, Upgrade to Existing Access Road and Formation of Parking Are& 05/0199O/FUL Maintenance Facility (Golf Course Green keeper's Equipment & Accommodation) 08/00730/FlJL Formation of Enlarged Roundabout on A723 Development Plan: Southern Area Local Plan 2008 Policies ENV6 (Green Belt) and L2 (!-eisure Development Opportunities) Contrary to Development Plan: No PAhlNIPdG APPLICATION No E / 08 / 00-31 / HEM Pioduccd by North Lanarkshire Council NEW BUILD GOLF CLUEHOUSC FACIL TY W TH Environmental Sel.iices PSSOCIATED L VJDSCAFING P.ND ROAC, I JFRASTRJCTURE AND REGFADING OF LAND f RESERVED M4TTERS FOR AI ‘P-ICATIOY 5102 00972 i 01 J r TORRANCE PAF .i Col F COUFSE LEbRAVNOCK tei 01698 271274 ROAD NEWART71 L MOTHEkVvELI fa1 01698 403053 * Representation ite area = 22 30 ha Consultations: Scottish Natural Heritage (Comments) Scottish Environment Protection Agency (No objection) British Gas (Comments) Representations: 2 letters of representation received Newspaper Advertisement: Not Reyuired Recommendation: Approve Subject to the Following Conditions:- 1. That the development hereby permitted shall be started within five years of the date of this permission. Reason: To accord with the provisions of th; Town and Country Planning (Scotland) Act 1997 2. That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority. Reason: To enable the Planning Authority to consider these aspects in detail 3. That before the clubhouse hereby permitted, is in use, the fences, or walls, as approved under the terms of condition 2 above, shall be erecjed. Reason: To safeguard the residential amenity of the area. 4. That before the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority . Reason: To enable the Planning Authority to consider these aspects in detail. 5. 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 said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175: 'The Investigation of Potentially Contaminated Sites' or CLR 11, The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Stratecy may be required. Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residen,ts. 6. That any remediation works identified by the site investigation required in terms of Condition 5 shall be carried out to the satisfaction of the Plsnning Authority. A certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried cut in accordance with the terms of the Remediation Strategy. Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future residents. 7. 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 within 6 months of the completion of the submitted landscape scheme, the management and maintenance scheme approved under the terms of the submitted landscape plan shall be in operation. Reason: To safeguard the amenity of the area. 9. That all works included in the scheme of landscaping shown on the submitted plan, shall be completed within a year of the occupation of the clubhouse, 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 permitted, shall be replaced within the following year with others of a similar size and species. Reason: In the interests of the visual amenity of the area. 10. That before the development hereby permitted is brought into use the enlarged roundabout at the A723 as shown on the plan approved under planning consent reference 08/0073O/FUL shall be completed to the satisfaction of the Planning Authority. Reason: To ensure appropriate access to the development and to ensure free flow of traffic on roads adjacent to the site. 11. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- SE211(9) 203, 202, 201, 200, 206, 207, 300 D, 301 C, 302 D, 303 D & 307; 731-208 G, 221 A, 301 D & 500 D; KDZ 9OXX-001-005 inclusive; SE211-SKI02 A, 103, 106 C, 109, 108, 105, PLO01 A& (9)lOl. Reason: To clarify the drawings on which this approval of permission is founded. Background Papers : Application form and plans received 12'h May 2008 Letter from Scottish Natural Heritage received 30th October 2008 Letter from Scottish Environment Protection Agency received 4thAugust 2008 Letter from British Gas received 1 1th July 2008 Memo from Transportation Manager received 15'h July 2008 Memo from Conservation & Greening Manager received 29"' October 2008 Letter from Amanda Smith, 19 Law Drive, Newarthill, Motherwell, MLI 5EE received 3" June 2008 Letter from Mark Higgins, 19 Law Drive, Newarthill, Motherwell, MLI 5EE received 3" June 2008 Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01698 274103. Date: 18 May 2009 APPLICATION NO. SIO8100731lREM REPORT 1. Description of Site and Proposal 1.1 This application is for reserved matters condition 2 of application (S/02/00972/OUT) granted 28‘h January 2008 This application was for Mixed Use Leisure and Residential Development and contained ‘Course Frontage Housing’. This current application includes the erection of a golf course club house and the formation of access roads. The proposal comprises a main access distributor road connecting to a proposed enlarged roundabout to be constructed on the A723, recently granted planning consent under planning application 08/0073O/FUL, and continuing off this roundabout approximately 800m of carriageway connecting a further roundabout. Two roads will lead from this roundabout. The road to the north will provide access to the golf club house and to future housing development while the road to the south will lead to future housing development as permitted in outline under consent ref. S/02/00972/OUT. 1.2 The area where this proposal lies is generally known as Legbranock, lies to the east of Holytown and north of Newarthill. The land has been reclaimed from being formally worked as an open cast mine. The mine was in filled and reclaimed as a golf course seven years ago. Legbrannock farm lies to the south east of the site, a crematorium and grave yard to the north west. The site is bound by the A775 and A723 which run along the northern and western boundaries respectively and Legbranock Road along the eastern boundary. 2. Develo Dm e nt PIia n 2.1 The site lies within an area covered by Southern Area Local Plan 2008 Policies ENV6 ‘Green Belt’ and L2 ‘Leisure Development Opportunities’. 3. Consultations and Representations 3.1 SEPA has no objections to the proposals subject to the development being connected to the public sewer. 3.2 SNH accepts that the submitted ecology report assessment that the loss of the majority habitat types present on the site would constitute a low impact on the ecology of the area. 3.3 Scottish GaslTransco do not object subject to any developer having due regard to their services. 3.4 Conservation and Greening Manager has no objection to the development subject to their recommendations for the wider residential development being considered at the appropriate stage. 3.5 The Geotechnical Team Leader has no objections to the proposal following the submission of a sustainable urban drainage system. 3.6 The Transportation Team Leader advises that they have no objections to the application. 3.7 Following neighbour notification, 2 objection letters were received from local residents, The points of objection are as follows. 1) The increase in traffic levels associated with this development will impact negatively on already stretched infrastructure. 2) The increase in traffic will result in an uriacceptable increase in noise. 4. Planninq Assessment and Conclusions 4.1 The proposal raises no strategic issues and therefore only needs to be assessed against the Local Plan and other material consideratiors. 4.2 The site is zoned as L2 (Lei:;ure Development) in the Southern Area Local Plan 2008. ENVG (Green Belt) and TRI 3 (Assessing the Transportation implications of Development) are also relevant. 4.3 Policy L2 seeks to encourage and support leisure provision within the plan area. This application is for an ancillary building providing facilities for the golf course which forms part of the larger Torrance Park site which has been granted outline consent for Mixed Use Leisure and Residential Development. This clubhouse facilities building will be used in conjunction with the golf course which has been formed although not yet opened. The clubhouse would not impact negatively on the existing landscape character, visual amenity or biodiversity of the existing area and therefore accords with policy L2. 4.4 Policy ENVG of the Southern Area Local Plan 2008 covers the site and states that the Council will safeguard the character and function of the Green Belt, and indicates that there will be a presumption against development other than that required for agriculture, appropriate other rural uses or out door leisure and recreation. This proposal represents a locational need for certain types of facilities for out door recreation, reinforced with the granting of permission for a mixed residential and leisure development in outhe. It is considered that a clubhouse development at this site would be acceptable and accords with Policy ENVG. 4.5 Policy TRI 3 (Assessing the Transportation implications of Development) requires assessment of the level of traffic generated from the proposal: the impact of the development upon the road network and the provisions in relation to access and parking. As indicated at paragraph 3.7 the Transportation Team Leader raised no objections to the proposal in principle and their comments on access provision can be suitably controlled at the design stage which is covered by a separate application 08/0073O/FUL formation of enlarged roundabout on A723. It is considered that the development accords with policy TRI 3. 4.6 A material consideration in the assessment Iof the application is the Final Draft North Lanarkshire Local Plan. Part of the site is. covered by HCF 1 (Protecting Residential Areas & Community Facilities Resources) in which there is a presumption against developments detrimental to residential amenity in primarily residential areas. The remainder of the area is covered by Policy HCF2 (Promoting Housing development & community facilities) which policy seeks to identify housing land supply sites. It is considered that this site falls within the policies definition being part of a wider mixed leisure and residential development. Therefore the proposal is considered to be consistent with policies HCF 1 and HCF2 of the North Lanarkshire Local Plan as ths policy position remains unaltered. 4.7 In terms of the consultation responses from Protective Services and SEPA. I am satisfied that the proposed conditions address the matters raised. 4.8 On turning to points of objection P would respond as follows: 1) The Transportation Team Leader has not objected to the development on grounds that the increase in traffic levels associated with this developinent will impact negatively on existing infrastructure. 2) A Noise and vibration report was submitted for the application considering the access to this development and assessed by the Head of Protective Services who was satisfied with the methodology and conclusions contained in the report. 4.9 In conclusion, the proposed development c.oncurs with local plan zoning, therefore I recommend that planning permission be granted subject to the attached conditions. Application No: S/08/01 3 1OIFU 1.. Date Registered: 3rd September 2008 Applicant: Alexander Owen Greenside Farm Newhouse MLI 5ST Agent Aitchisor! Architects 5 Bourne Street Hamilton ML3 7BW Development: Erection of a Replacement Bwellinghouse and Detached Garage Location: Greenside Farm Motherwell Road MLI 5ST Ward: 15 Mossend and Holytown: Councillors J Coyle, Delaney and McKeown Grid Reference: 279138661099 File Reference: Site History: No relevant planning history Development Plan: The site is identified as ENV 6 (Green Belt) in the Southern Area Local Plan 2008 Contrary to Development Plan: No Consultations: None Required Representations: No letters of representation received. Newspaper Advertisement: Advertised on 26th March 2009 Recommendation: Approve Subject to the Following Conditions:- 1. That the development hereby permitted shall be started within five years of the date of this permission. Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997. 2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing number 03. Reason: To clarify the drawings on which this approval of permission is founded. 3. That BEFORE the development hereby permitted starts, full details and finish of all external materials to be used, including roof tiles, wall finish, door, window details and gutters and downpipes, shall tie submitted to, and approved in writing by the planning authority. For the avoidance of doubt the roof tiles shall be dark grey and flat profiled and walls shall be muted coloured render and stone. Reason: In the interest of the amenity of the site and the general area 4. 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 said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175: 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Stratecy may be required. Reason: To ensure the site is free of contamination. 5. That any remediation works identified by the site investigation required in terms of Condition 4 shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried Gut in accordance with the terms of the Remediation Strategy. Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future residents. 6. That BEFORE to any works start on site, the applicant must confirm in writing to the Planning Authority that the drainage arrangements to be provided are to the satisfaction of the Scottish Environment Protection Agency (SEPA). The preferred method for the disposal of septic tank effluent is the provision of a sub soil soakaway system. The septic tank and soakaway must be designed and constructed in accordance with the requirements set out in The Scottish Building Standards : Technical Handbook : Domestic issued in May 2005. In terms of the Water Environment (Controlled Activities) (Scotland) Regulations (CAR) 2005, the discharge of treated sewage effluent will require registration with SEPA. Further details on this matter can be found @ www.sepa.org.uk.wfd. Surface water should be excluded from the foul drainage treatment system. In order to reduce the risk of contamination of controlled waters, any soakaway should be located at least 50 metres from any private water supply or other groundwater resource and at least 10 metres from any watercourse or permeable drain. (Note: If poor soil porosity or risk to groundwater resources preclude the use of a soakaway, alternative arrangements will have to be agreed with SEPA. Further advice on the disposal of sewage where no mains drainage is available. is contained within Pollution Prevention Guidance Note 4 which is available on the SEPA website www.sepa org.uk/guidance or from any SEPA office). Reason: To prevent groundwater or surface water contamination in the interests of environmental and amenity protection. 7. That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority. Reason: To enable the Planning Authority to consider these aspects in detail. 8. That before the dwellinghouse hereby permitted IS occupied, all fences, or walls, as approved under the terms of condition 7 aboL,e, shall be erected. Reason: To safeguard the residential amenity of the area. 9. That before the dwellinghouse hereby permitted is occupied, all of the relevant parking and manoeuvring areas shown on the approved plans shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surface work and clearly marked out, and shall, thereafter. be maintained as parking and manoeuvring areas. Reason: To ensure the provision of adequate parking facilities within the site. 10. That, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no development shall take place within the curtilage of the application site, including the location of the septic tank and soakaway or on the buildings other than that expressly authorised by this permission. Reason: In the interests of the amenity of the building and the visual amenity of the surrounding countryside. 11. That a visibility splay of 9 metres by 120 metres, measured from the road channel, shall be provided on both sides of the vehicular access or,to the B7066 Motherwell Road and before the development hereby permitted is brought into use; everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas. Reason: In the interests \of vehicular and pedestrian safety. 12. That notwithstanding the access shown on the approved drawings, and before the development hereby permitted commences, the proposed access road shall be served via a 6 metre wide junction arrangement with 10.5 metre corner radii, d etails which shall be submitted to and approved in writing by the Planning Authority Reason: In the interests of vehicular and pedestrian safety. Backg rou nd Papers : Application form and plans received 3rd September 2008, structural report received 30th September 2008 and amended plans received 5'h December 2008 and 28'h January 2009. Memo from Traffic and Transportation Team Leader received 16'h January 2009 Any person wishing to inspect these documents should contact Mr Gary McEwan at 01698 2741 17. Date 18 May 2009 APPLICATION NO. S1108101310lFUL REPORT 1. Description of Site and Proposal 1.I Planning permission is sought for the erection of a replacement dwelling at Greenside Farm, Newhouse. The site is bounded by the current farmhouse and associated outbuildings to the west, an unused tyre yard and open farmland to the north, open farmland and Greenfield Nursery to the east and open iand to the south. The site currently has a small detached dwellinghouse (101 sqdare metres) which is a single storey building constructed of concrete and red brick with a felt roof. The dwellinghouse was built approximately 70 years ago. It is proposed to replace the existing building with a single storey dwelling, the majority of which would be positioned on the same footprint as the original dwelling, and the erection of a detached garage to the north of the proposed house. The proposed dwelling would have a footprint of ,123 square metres with the proposed garage measuring 41 square metres. The dwelling would be a single storey dwelling rectangular in shape, with a sizeable front, rear and side garden well in excess of the Council's minimum standards in relation to open space around dwellings. The proposed single storey dwelling is complemented with a simple design that incorporates a number of traditional rural themes such as the use of white render, darkened yellow sandstone, windows with a vertical emphasis, and a chimney that breaches the ridge line of the dwelling. 1.2 A structural inspection report accompanies the application and concludes that although the building is not in danger of collapse it is no longer suitable for modern residential use and very little of the original dwelling would remain in view of the works required to bring the dwelling into active habitable use. 2. Development Plan 2.1 The site is zoned as ENV 6 (Green Belt) in the Southern Area Local Plan 2008. 3. Consultations and Representations 3.1 The Transportation Team Leader has raised no objections to the application, subject to a condition relating to the visibility splay along the 67066 Motherwell Road. 3.2 No letters of representation have been received following the neighbour notification and press advertisement procedures. 4. Plann ina Assessment and Concl usio ns 4.1 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. 4.2 The application is not of strategic significance and as such only requires to be assessed against the local plan. Relevant policies within the Southern Area Local Plan 2008 are ENV 6 (Green Belt), HSGll (klousing in the Green Belt and Countryside) and TR13 (Assessing the Transportation Implications of Development), together with other material considerations. 4.3 Policy ENV 6 is designed to safeguard the character and function of the Green Belt by restricting inappropriate new development. Relevant appropriate developments are those related to agriculture, forestry, outdoor leisure and recreation or other appropriate rural uses. In this case the proposal relates to the replacement of an existing dwelling which has fallen into disrepair. The more detailed policy relevant to the consideration of this application is Policy HSG11, and this is assessed below. 4.4 Policy HSG 11 indicates that the replacement of existing houses will only be permitted where it can be demonstrated that the existing buildings are of poor quality. Any development shall not result in an increase in the number of units or a significant increase in overall floorspace and shall be located, as nearly as possible, within the existing footprint. It is considered that the proposed replacement dwelling meets the above criterion given that the existing dwelling is of poor quality, as demonstrated by the Str~icturalInspection Report. As discussed above, it is proposed to increase the footprint by 22 square metres and include a detached garage at a further 41 scuare metres. It is acknowledged that the garage is considerable in scale, however given that this will accommodate an elm-gy efficient supply for the proposed house, the generous setting of the site and the sensitive siting of the garage to the rear of the proposed dwelling, it is considered that no adverse affects will be placed on the resultant new dwelling or character of the surrounding rural setting. Furthermore the proposed use of a slate substitute tile, natural stone and smooth render in combination with windows with a vertical emphasis results in a development that complies with the requirements of HSGI 1. I consider that the site also benefits from adequate access and drainage although the transportation issues will be assessed more fully in section 4.5 below. 'he application is therefore considered to accord with the Policies ENV 6 and HSG 1 1 in the SouIhern Area Local Plan. 4.5 Policy TR13 (Assessing the Transportation Implications of Development) requires assessment of roads and transportation issues including the levels of traffic generated, and the impact on the environment and adjoining land uses, the impact on road traffic circulation and road safety and the provisions made for access, park,ng and vehicle manoeuvring. The comments of the Transportation T'eam Leader are noted arid are addressed by conditions. Although there may be some increased vehicular movements associated with the proposed replacement dwellinghouse, these will be insignificant i3nd the applicant has detailed the provision of 3 off street parking spaces and a turning facility within the curtilage of the plot. The access, parking and manoeuvring facilities proisosed within the site are considered acceptable and the application is therefore considered to acc0r.d with policy TRI 3. 4.6 A material consideration is the Finalised Draft North Lanarkshire Local Plan, however, the zoning and poiicy position remains unaltered from the Adopted Plan. 4.7 It is considered that the development is acceptable in terms of local plan policy as the impact of a replacement residential dwelllng and detached garage on the site and surrounding area, as well as the access and transportation implications, can be accommodated without detriment to the surrounding couiitryside area. Furthsrmore, justification for a replacement dwelling has been provided demonstrating that the existing dwelling has fallen into disrepair and the new dwelling is to incorporate a traditional rur.31 design and finish appropriate for this countryside location. Therefore, taking into account t9e local plan and other material considerations, I recommend that this application tie approved subject to conditions. Application No: Date Registered: 14th Cctober 2008 Applicant: Mr & Mrs U Ferguson Netherton Farm Westcraigs Road Harthill Agent Hardie Associates Erin McCormacC; 78 Hopetoun Street Bathgate EH48 4PD Development: Change of Use From Former Agricultural Outbuilding to Office and Exteriia 111 rl ternal AI te rations . Location: Netherton Farwi Westcraigs Road Harthill North Lanarks11 ire Ward: 12 Fortissat: Councillors Cefferty, McMillan and Robertson Grid Reference: 290763665312 File Reference: SIPLIBFII 7i81IGSMIGF Site History: 07/00684/FiJL Conversion of Agricultural Outbuilding to Dwellinghouse - Refused on 11th June 2008 Development Plan: The site is zoned as EIdV 8 (Rural Investment Area) in the Southern Area Local Plan 2008 Contrary to Development Plan: No Consultations: Scottish Water (No Objections) Scottish Power (No Objections) Transc:o (No Objections) Representations: No letters of representation received Newspaper Advertisement: 23rd October 2008 Produced by PLPNtdING APPLICAT ON No S / 18 101476 / FUL Norlh Lanarkshire Council Environmeiital Serllces, CHANGE OF USE FROM FCRMER AGRICULTURAL OUTBUILDING TO OFFICE NETHERTON FARM WESTCRAIC2S ROAD HARTHILL telOl698 274274 fax 01698 403053 Recommendation: Approve Subject to the Following Conditions:- 1. That the development hereby permitted shall be started within five years of the date of this permission. Reason: To accord with the provisicns of the Town and Country Planning (Scotland) Act 1997 2. That BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls, dormer faces, sides 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. Notwithstanding this requirement the materials shall reflect the colour and texture of those used on the existing outbuilding. Reason: To enable the Planning Authority to consider these aspects in detail. 3. That BEFORE the development hereby pertnitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to and approved in writing by the Planning Authority. Reason: To enable the Planning Authority to consider these aspects in detail. 4. That BEFORE the development hereby perrnitted starts, the fence or wall as approved under the terms of condition 3 above, shall be erected. Reason: To ensure suitable boundary treatment. 5. That PRIOR to any works of any description being commenced on the application site, a comprehensive site investigation report shall be submitted to and approved in writing by the Planning Authority. The investigaticn must be carried out in accordance with current best practice, such as BS 10175: The Investigation of Potentially Contaminated Sites, or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the iwestigation, a detailed Remediation Strategy may be required as part of the above report. Reason: To ensure that the site is free of contamination in the interests of the amenity of future residents. 6. That any remediation works identified by the site investigation report required in terms of Condition 5 above shall be carried out to the satisfaction of the Planning Authority prior to the first occupation of the dwellinghouse hereby approved. A certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy. Reason: To ensure the site is free of contamination in the interests of the amenity of future residents. 7. That PRIOR to the commencement of development, the applicant shall provide written confirmation to the Planning Authority that ail 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 satisfac'oiy drainage arrangements 8. That before the dwellinghouse hereby approved is occupied the associated parking and manoeuvring area hatched ORANGE on the approved plans, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out. aiid shall, thereafter, be maintained as parking and manoeuvring areas. Reason: In order that vehicles can enter and leave the site in forward gear and to ensure adequate parking ;3rovision. 9. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the plans stamped approved as part of this permission. Reason: To clarify the drawings on which this approval of permission is founded. 10. That before the development hereby permitted starts a scheme detailing access improvements shall be submitted to and approved in writing by the Planning Authority For the avoidance of doubt, the access improvements for the route marked GREEN on the approved plans shall include passing places, road widening and surfacing along the access road leadlng from Westcraigs Road to the site entrance at Netherton Farm, to the satisfaction of the Roads Authority Reason: In the interests of traffic and pedestrian safety 11. That before the dwelling hereby approved is occupied, the scheme approved under the terms of Condition 10 above shall be completed to the satisfaction of the Planning Authority. Reason: To ensure that access imorovemerits are carried out in the interests of road safety. 12. That the permission hereby granted shall enure solely for the benefit of Mr David Ferguson. Reason: To enable the Planning Authority to retair, effective control, in order to monitor the site's use. Background Papers : Application form and plans received 14thOctober 2008, amended plans received 24'h April 2009 Memo from Transportation received 20thNovembel 2308 Letter from Scottish Water received 28th 0:toher 2308 Letter from Transco received 2gthOctober 2008 Letter from Scottish Pcwer received 1 1'" November 2038 Any person wishing to inspect these documents should ccntact Mr Graham Smith at 01698 274104. Date: 13 May 2009 APPLICATION NO. S1081014761FUL REPORT 1. Description of Site and Proposal 1.1 Planning permission is sought for the change of use and conversion of a former agricultural outbuilding to an office and associated physical (internaVexterna1) alterations at Netherton Farm, Harthill. The roof and rear wall of the builcling have recently been demolished and the property presently consists of the remaining stone walls. The application site is bounded to the east by a courtyard with a dwellinghouse, farm buildings and to the south by open countryside. To the north and west is land associated with Netherton Farm. 1.2 The applicant proposes to change the use of the outbuilding from a barn to an office creating two internal levels and the physical alteration involves retaining the remaining frontage and gable wall and rebuilding the remainder in the original stone. The proposal would not increase the floorspace or heisht of the former outbuilding and involves creating two dormers to the front, one containing a balcony and staircase and one dormer to the rear. 1.3 The applicant has submitted a supporting statement. They indicate that the agricultural business was diversified into forestry in 2001 creatiig woodland in the surrounding fields and they have operated a Hydraulic Consulting Firm for the past 5 years from the attic of the existing outbuilding within the site which has beer: the main source of income. The outbuilding, that is the subject of the current application, was used as a domestic store by the applicant until recently when the roof, rear wall and one gable were demolished due to safety concerns and the original stone was retained for the rebuild. The applicant has confirmed that 9 people are employed in the company and that the proposals relate to the provision of additional office accommodation as opposed to the expansion of the business. There are no visiting members of the public to the site as all of the work is internet based and predominantly takes place abroad. 2. Development Pla~ 2.1 The Southern Area Local Plan 2008 identifies the site as ENV8 (Rural Investment Areas). 3. Co nsultat ions and ReD resentations 3.1 My Transportation Team Leader has recommended refusal of the application as the proposal would take access onto an unlit rural road which is subject to the national speed limit. The absolute minimum junction and forward visibility splays cannot be achieved due to road geometry and splays pass through land which appears to be outwith the applicant's control. They recommended that the application be refused as an increase in braking and turning manoeuvres at this location could be detrimental to road safety. 3.2 My Protective Services Team Leader has raised no objections subject to a site investigation. 3.3 Scottish Water have offered no objections to this application, however there may be a requirement for the developer to carry out work to the local network to ensure no loss of service to existing customers. A SUDS drainage system will also be required. 3.4 Transco and Scottish Power have offered no objections to the proposed development. 3.5 No objections were received to the applica:ion following neighbour notification or advertising. 4. Planninn Assessment and Conclusions 4.1 The application raises no strategic issues and can therefore be assessed in terms of the local plan policies in the Southern Area Local Plan 2008. The site is zoned as Policy ENV8 (Rural Investment Areas). TR13 (Assessing the Transportation Implications of Development) is also relevant in this case. 4.2 Policy ENV8 is designed to protect the cpenness and rural amenity of countryside areas by restricting inappropriate new development. This poiicy recognises the pressures put on rural areas with changes in farm practices and, where appropriate, may allow development which sustains the viability of the rural economy. The diversification of the agricultural business into forestry at this site has led to unused former agricultural outbuildings on the site, two of which have already been sensitively converted by the applicant into a bed and breakfast and extension to dwellinghouse. It should be noted however that the bed and breakfast is not in operation. The existing business has been in operation for 5 years without detriment to the surrounding area and the proposal is not considered to represent a significant expansion of this. The remains of the outbuilding are unsightly and the proposed alterations are considered to enhance it by re- using the original materials with a design that is in keeping with the surrounding dwelling and outbuildings. The height and floorspace of the proposal would be similar to that of the former outbuilding. The proposed use and nature of the alterations are not considered to have an adverse impact on the character and function of the surrounding countryside area. It is therefore considered that policy ENV 8 IS adhered to. 4.3 Policy TR13 (Assessing the Transportatiori Implications of Development) sets criteria relating to road and pedestrian safety, parKing and servicing. My Transportation Team Leader has recommended refusal of the application based ori wider negative road safety issues as set out in paragraph 3.1 above. The applicant proposes to widen the existing access for a short distance at the junction with Westcraigs Road in an attempt to address concerns raised over visibility however there is no scope to achieve the splays required by Transportation at this location due to road geometry. The existing access serves one dwellinghouse, the business and a Bed and Breakfast and the increase in the volume of traffic using the site is not considered to be significant, certainly not considered to be significant enough to warrant refusal of the application. 4.4 A material consideration is the Finalised Draft North Lanarkshire Local Plan. Whilst the zoning remains unaltered, Policy ENV3B (Assessing Developments in the Green Belt and Rural Investment Areas) supports small scale businesses that benefit the economy while respecting local residential amenity and enhancing dusters of development in terms of design, scale, access and countryside integration. In thi.; instance the business is well established and has integrated satisfactorily without detriment t3 the surrounding area. The design and scale would be in keepina with the existing cluster of buildings and would not adversely affect the neighbouring dwellinghouse. It is therefore considered that the proposal meets the terms of this policy. 4.5 In conclusion, I am satisfied that the design and impact of the change of use and alterations are acceptable from a planning viewpoint and that the proposal is therefore in compliance with policies ENVB of the development plan. Although it does not fully comply with policy TR13 it is not considered justified to refuse planning permission in this case. For the reasons stated above, it is recommended that planiiirig permissiorl be granted subject to conditions. Application No: Date Registered : 30th March 2009 Applicant: Mr J Moxen Clo Stanley C Cook 12 Beveridge Terrace Bellshill Agent Stanley C. Cook 12 Beveridge Terrace Mossend Belishill ML4 2RJ Development: Change of Use of Class 1 Shop to Hot Food Takeaway Location: 549 - 551 Main Street Bellshill ML4 iDG Ward: 15 Mossend and Holytown: Councillors J Coyle, Delaney and McKeown Grid Reference: 274395660353 File Reference: SIPLIBIRMCIGF Site History: 0 S/96/00535/FUL Change of Use from Office to Taxi Office - Gran?ed 27th November 1996 S/97/00514/FUL Renewal of Planning Permission for Taxi R.adio Base - Granted 19th November 1997 0 Si98/01303/FUL Renewal of Planning Permission for Taxi Base on a Permanent Basis - Granted 14th September 1998 Development Plan: The site is identified as RTL 6 (Secondary, Village and Neighbourhood Commercial Areas in the Southern Area Local Plan 2008 Contrary to Development Plan: No Consultations: None Representations: 4 letters of representation received Newspaper Advertisement: Advertised on 9th April 2009 _I... -___-- ,,.."...... '...... Recommendation: Approve Subject to the Following Conditions:- 1. That the development hereby permitted shall be started within five years of the date of this permission. Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997. 2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawings stamped approved as part of this permission. Reason: To clarify the drawings on w;iich this approval of permission is founded. 3. That noise associated with the air conditioning/ ventilation system or any other plant and any other noise associated with the development shall not give rise to a noise level within any nearby dwelling (assessed with windows open) or other noise sensitive building in excess of the equivalent to Noise Rating Curve NRC 35 between 0700 hours and 2000 hours and Noise Rating Curve NRC 25 at all other times. Reason: To ensure that the noise associated with the development will be within acceptable limits in the interest of residential amenity. 4. That the permission hereby granted relates to a change of use only and, notwithstanding the provisions of the Tom ri and Country Planning (General Permitted Development) (Scotland) Order 1992, no alterations shall be made to the external appearance of the bu,lding. Reason: To defiiils this permission. 5. That prior to the commencement of operations on site, the applicant must provide further details of the proposed external extraction flue, including details of the colour and finish, and these must be approved irI writing by the Planning Authority before the flue is installed. Reason: In the interests of the amenity of the surrounding town centre. Background Papers: Application form and plans received 30thMarch 2009 Memo from Head of Protect.iveServices Yeceived 7'h May 2009 Memo from Transportation Team Leader received 22"dApril 2009 Letter from Therese Haney, 555 Main Street, Mossend, Bellshill, ML4 1 DG received 3rdApril 2009 Letter from Maryaret Hughes, 578 Main Street, Mossend. ML4 1DL received 16'h April 2009 Letter from Naseem Ahrned, 555 MAin Street, Mossend , Bellshill, ML4 IDG received 8'h April 2009 Letter from Ren Brown, Choices Cafe. 541 Main Street, Mossend, Bellshill, ML4 IDG received €iih April 2009 Any person wishing to inspect these documents should contact Mr Gary McEwan at 01698 2741 17 Date: 18 May 2009 APPLICATION NO. S1091003431FUL REPORT 1. Description of Site and Proposg 1.1 This application relates to the change ot use from an existing estate agents and dog grooming shop to a hot food takeaway at 549-551 Main Street, Bellshill. The application site consists of two existing retail units amongst a row of commercial units set within a two storey block. The immediately surrounding area is characterised by a mix of retail and commercial uses. The site is bounded by retail units to the west and east, vacant land to the south and Mossend Works to the north. At present there is an existing hot food takeaway situated within the row of existing retail units. 2. Develapment Plan 2.1 The application site is zoned as RTL 6 (Secondary, Village and Neighbourhood Commercial Areas) of the Southern Area Local Plan 2008. 3. Consultations and Representations 3.1 My Transportation 'Team Leader has no objections to this proposal 3.2 The Protective Services Section had no objections to the application subject to cooking odours from the premises being controlled, and noise levels associated with any plant or ventilation from the completed development being within recommended guidelines. 3.3 Following the press advertisement and neighbour notification procedure, four letters of representation have been received. The concerns raised can be summarised as follows: This area of Main Street already has ar existing hot food take-away and an additional hot food outlet would not be required. The provision of another hot food take-away would increase the need for additional cleansing of the area at the unnecessary cost of North Lanarkshire Council and council tax payers. Another hot food take-away within one block would add to the inappropriate burden of crowds and noise, which in turn will place unnecessary burden on local police resources. The proposal would have a detrimental impact on vehicular traffic-flow management and parking. The proposal has been requested and refused previously due to there being insufficient parking spaces and a higli volume of traffic at this location. An exterision to the rear of the promiscs has been built without appropriate planning permission and is built on top of a main sewerage drain access. Delivery vehicles and work vans frequently block the access to the driveway at No.578 Main Street and the cclrrent proposal would exacerbate this problem. 4. Planning Assessnierit and Conclusiorns 4.1 In accordance with Section 25 of the rown and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material corrsiderations indicate ctherviiise. This application raises no strategic issues and can therefore be assessed iri terms of Local Plan policies. Policies RTL6 (Secondary. Village and Meighbolirhood Commercial Areas), RTLl1 (Assessing Applications For Bad Neighbour Deveiopments) and TR13 (Assessing the Transport Implications of Development) apply. 4.2 Policy RTLG (Secondary, Village and Neighbourhood Commercial Areas) supports various types of commerciai activities iriclud:iq Class 3 Food anci Drink where the development does r;ot adversely affect tw character and amenity of the Commercial Area and accords with the provisions of Policy RT'L 11 (Assessing Applications For Bad Neighbour Developments). There are residential flats located above the proposed take-away, however a planning condition is recommended in relation to air conditioningiventilation plant and the proposed extraction methods to ensure that there are no adverse impacts on the neighbouring properties. The property is located within a small neighbourhood csmmercial area where one similar hot food takeaway exists and it is considered that the proposed hot food takeaway would be acceptable in principle at this location given that it would not significantly alter the amenity of this location. 4.3 Policy RTLI 1 (Assessing Applications For Bad Neighbour Developments) states the preferred locations for hot food takeaways include Neighbourhood Commercial Areas. This policy also requires assessment of the resulting retaillnon-retail mix of uses, design and transportation issues. The proposed development is within a neighbourhood commercial area and given that the existing use of the unit at 551 Main Street is a dog grocming salon the proposal would not significantly affect the mix of retail and non retail uses. Also givm that the estate agent at 549 Main Street is currently vacant the proposal would bring the unit back into use which would add to the vitality of the commercial area. In terms of design, the current application is for a change of use only and no alterations have been proposed to the shop frontage. A condition is recommended to erisure that no alterations to the external appearance are carried out without a further plan!iing application. Transportation issues are discussed at paragraph 4.4 below. It is therefore considered that the proposal coniplies with Policy RT'L 11. 4.4 Policy TR13 (Assessing the Transport lrrlplications of Development) indicates that the Council will consider various transportation criteria through the assessment of planning applications. This includes the level of traffic generated and its impact on the environment, the irnpact of the proposai on road traffic circulation and road safety, provisions imade for access, parking arid vehicle manoeuvring. The Transportation Section raised no objections to this proposal. It is considered that Main Street is of sufficient width to accommodate short term on-street parking and would not cause congestion problems at this locatiori. Fiirtherrnore given the nature of the previous estate agent and dog grooming salon, it is considered that the proposed use is of a similar nature anci thus parkirig arrarcements are considered acceptable. It is therefore oonsit~erec~that the proposal complies with Policy TR13. 4.5 A material consideration is the Finalised Draft North Lanarkshire Local Plan (2009). Policy RTC 1 C Neighbourhood and Local Centres is relevant to the current application. The policy directs retailing to commercial areas and encourages diversification of uses within these areas. The zoning and policy position remains unaltered from the Adopted Plan so t ierefore it is considered that the proposal complies with Policy RTC 1 C of the Fin;,iised North Lanarkshire Local Plan (2009). 4.6 In relation to the points of objection I woE,d comment as follows. a) While there is an existing liot fooc' take-away at this location, this does not preclude similar proposals at this locz!tion. Each application is assessed on its own merits and in this case, the pr0posr.d development is considered acceptable in terms of Local Flan Policies. b) Any increase in litter being generated as a result of an additional hot food takeaway is not il material planning cotmideration. c) With regards to the impact on local police resources, this is not a material planning considerarion. A planning condition is recorrimended in relation to the noise levels emitted from any air conditioning plant or ventilation systems, however it is considered there will be no significaTit increase in noise from customers visiting the takeaway. d) The Transportation Section have raised no objections to the proposal and consider that there will be no adverse impact on road safety or traffic congestion. It is therefore considered that this is not a reason to warrant refusal of planning permission in this case. e) There is no record of any previous applications for a hot food take-away at this location. f) The extension to the rear of the proparty has been constructed for over 10 years and as such is exempt from Planniiig Enforcement Action. With regards to the extension being constructed over a .main sewerage drain access, this is a legal matter anc not a material planning CO ,isideration. g) With regards to delivery vehicles obstr,ucting the driveway at No. 578 Main Street and the pioposal further exacerbating this problem, this is not a material planning consideratiori and any indiscriminate parking should be reported to the Police. 4.7 In conclusion I an: satisfied that the impact of the proposed is acceptable from a planning viewpoint and that the proposal complies with Policies RTL 6, RTL 11 and TR 13 of the Southern Area Local Plan (2003) and RTC 'I C of the Finalised Draft North Lanarkshire Local Plan. Notwithstanding the objections received and for the reasors stated above, it is recornrnended that planning permission be granted subject to conditions. Application No: S/09/00388IFU L Date Registered: 7th April 2009 Applicant: Alison Baird Clo Agent Agent David Jarvie 27 Aytoun Road Pollockshields Glasgow G41 5HW Development: Change of Use of Bookmakers to Hot Food Takeaway Location: Bookmakers Kirkhill Road Netherton Wis haw North Lanarkshire Ward: 20 Wishaw. Councillors Adamson, McKay, Pentland, Love Grid Reference: 277408 654706 File Reference: S/PL/BFl2/4/FM/G F Site History No Relebati: Site History Development Plan The site is identified as Other Commercial Uses (RTL9) in the Southern Area Local Plan 2008 Contrary to Development Plan: No Consultations: None Representations : Seven letters of representation and a petition have been received Newspaper Advertisement: Advertised on 2 2nd April 2009 Recommendation: Refuse for the Following Reason:. 1. That the proposed development is conlrary to the Coencil's aim of directing such development to the town centre or secondary retail areas and would be detrimental to the character and amenity of the adjoining residential area by virtue of noise, odours and general disturbance through the introduction of an inappropriate use to the area. It would also pose a hazard to traffic safety as there is inadequate car parking at the site and this would result in vehicles parking on-street to the detriment of road safety and the amenity of the surrounding residential area. As such, the proposal is contrary to Policies RTL9, RTLI, RTL4, RTLI 1 and TRI 3 of the Southern Area Local Plan 2008. Background Papers: Application form and plans received 7th April 2009 Memo from Transportation Manager received 28th April 2009 Memo from Head Of Protective Services received 128th April 2009 Letter from Owner/Occupier, '1 Kirkhill Road, Wishaw received 15th April 2009 Letter from Councillor John Pentland. Civic Centre, Windrnillhill Street, Motherwell, MLI IAB received 17th April 2009 Petition from Angela McKay, Kirkhill Road, Wishaw received 17th April 2009 Letter from Mr & Mrs G McKay, 3 Kirkhill Road, Wishaw, ML2 OBW received 17th April 2009 Letter from Stanley C. Cook, 12 Beveridge Terrace. Mossend, ML4 2RJ received 21st April 2009 Letter from Mr P Lambe, The Cherry Tree, 259 Netherton Road, Wishaw, ML2 OBP received 24th April 2009 Letter from Jeanette Copelartd, 5 Kirkhill Road, Netherton , Wishaw received 30th April 2009 Letter from Mrs Scott, 6 Kirkhill Road, Netherton, Wishaw, ML2 OBW, received 8th May 2009 Any person wishing to inspect these documents should cclntact Mr Fraser Miller at 01698 2741 19 Date: 18 May 2009 APPLICATION NO. S1091003881FUL REPORT 1. Description of Site and Proposal 1.I Planning permission is sought for the change of use of a bookmakers to a hot food take away at Kirkhill Road, Netherton, Wishaw. The application site is a single storey detached unit, located within a predominantly residential area. The site is bounded by the Cherry Tree Public House to the north, an electrical substation to the south with dwellings beyond and dwellings to the east and west. As part of the aDplication submission it is proposed to install a new shop frontage and two galvanised steel flues to the rear of the premises. Access to the site is taken directly from Kirkhill Road, and. there are no parking facilities within the application site boundary. The applicant has indicated that tradins of the hot food takeaway would be from midday to midnight. 2. Development Plan The site is within an area covered by Policy RTL9 (Other Commercial Uses) in the Southern Area Local Plan 2008. 3. Consultations and Representations 3.1 The Transportation Team Leader has recommended that the application be refused as a development of this nature requires the provision of 5 parking bays within the site boundary. The lack of bays within the site boundary will lead to parking on-street which would introduce a conflict of vehicle manoeuvres given the sites close proximity to the Cherry Tree Public House access, Nethertm Road and Attercliffe Avenue. 3.2 The Protective Services Section have made comments in relation to noise from plant/equipment at the development. 3.3 Seven letters of representation and a petition containing 22 signatures have been received following the neighbriur notification and press advertisement procedures. The points of which can be summarised as follows: (i) The proposed development is contral-y to the Local Planning Authorities aims of directing such developments to Town Centres or Secondary Retail Areas. (ii) The development would be detrimental to the character and amenity of the adjoining residential xea by virtue of noise and general disturbance and as such would be contrary to Policies HSG7 and RTLI 1 of the Southern Area Local Plan 2008. (iii) There are already existing and proposed hot food take away shops within the established retail centre at 159A - 159F Netherton Road, with adequate parking provision. (iv) Proximity of the site to the rear of the Cherry Tree Public House, possibly leading to loitering and general disturbance to both the public house and residential area. (v) Adverse affect on adjoining residential amenity and the nursing home as a result in the increase in noise, fumes, litter and general disturbance. (vi) Concerns with drainage from the premises and the appearance of the premises. (vii) Lack of dedicated parking facilities rssulting in cars parking on Kirkhill Road, leading to congestion in the area arid conflict witn the junction at Netherton Road. (viii) Devaluation of the adjoining residential properties. (ix) The Local Planning Authority when granting planning consent for the new bookmakers adjoining ihe Cheery Tree should have given consideration to the demolition of the existing bookmakers unit as a condition of the Planning Consent. (x) More neigtitours should have been notified when the application was submitted. 4. Planning Assessment and Conclusions 4.1 In accordance with Section 25 cf the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicxe otherwise. 4.2 It should be noted that the application raiscs no strategic issues. This application must therefore be assessed against the relevant developrient plan policies, which are the Southern Area Local Plan 2008 Policies RTLS (Other Commercial Uses), RTLI (Retail Development), RTL4 (Assessing AF plications for Retail Development), RTLI 1 (Assessing Applications for Bad Neighbour Developments) and TR13 (Assessing the Transportation Implications of Development),together with other material considerations. 4.3 Policy RTLS and its supporting text states that within the plan area there are various land uses that are not easily categorised, these include pubs, clubs, car showrooms, garages and petrol stations, some of which are known as sui generis within the Use Class Order. There are a number of such uses which do not fit easily into their surroundings or which are significant in scale. Policy RTL.9 seeks to accept the continuation of such uses, while any changes of use or proposed new uses will be considered i:i light of the detailed development control policies contained within the local plan and perticula: regard should be given to their potential compatibility with surrounding land uses. The site is located to the south of the Cherry Tree Public House 2nd was previously used as a bookmakers, prior to the bookmakers relocating within the Public House. Albeit the site lies within a cluster of commercial uses, the site is predominantly residential in natilre, with 7,esidential dwellings located to the east, south and west. It is considered that the development would have an adverse impact on the residential character and amenity of the surraunding area by virtue of noise, odours and general disturbarice from the increased number 0:'visitors to the site by car and foot. The lack of off street parking at this location is likely to result in parking on the road outside the hot food takeaway. This would also result in an adverse affect on the amenity of the adjacent residents as a result of increased noise, disturbance and congestion. Traffic details will be considered in further detail at paragraph 4.6 below. I therefore consider this to be an inappropriate location for a hot food takeaway and the proposal is therefore contrary to Policy RTL9. 4.4 Policy HTI-1 (Retail Development) seeks to direct lesser retail development to town centres, village, neighbourhood and secondary conimercial areas. Policy RTL 4 (Assessing Applications for Retail Development) details cri:eria acainst which retail development proposals should be assessed and includes: the availability of suitable alternative sites in or around town centres and the provisions made 'or vehicular access and perking and the proposal's impact on pedestrian safety and traffic circulation. In relation to the oroposed hot food take away, I consider that permitting this would be contrary to the aims of policy RTLI. Given that the site is not defined as a town canire, or a secondary, village or neighbourhood commercial area and taking into account the proximity of nearby residential properties I consider this to be an inappropriate location for a hot food takeaway. No justification has been provided to demonstrate that there are no alternative sites in or around ?he !.!etherton area for the proposed hot food take away. Therefore the proposal is 31so contrary to f:olicy RTL4. The traffic issues relating to the proposal will be Considered under assessment of the application against policy TR13 in paragraph 4.6 below. 4.5 Policy RTL 11 ',A.ssessing Applications for Bad Neighbour Developments' is also relevant to this application This Poli:y lists several criteria to be taken into consideration, including; the impact of the proposal on the character and amenity of the adjoining properties and surrounding environment; the provisions rnade for vehicular access, servicing, parking, and the proposal's impact on pedes'triar, safety and traffic circuiation. As noted at paragraph 4.3 above, it is considered thjt [he proposal hill have Zi-: adverse impact on the amenity of the adjoining properties arid surrounding environment and as such is considered to be contrary to Policy RTLI 1. While the site was previously used as a boomakers, this location is not identified as a Neighbowhood C;on:mercial Area and the proposed use should be located outwith residential areas in accordance with RTLI 1, In respect to additional traffic movement's, vehicular access, servicing, parking. and the proposals impact on pedestrian safety, this is assessed in Policy TR 13 below. 4.6 Policy TR13 reauires an assessinent of :he level of traffic generated from the proposal, the impact that the development will have on trie road network and the provisions made for access, parking and vehicle manoeuvring. As deiailed at paragraph 1.1, the application site does not benefit from dediceted off street parkirig. As indicated at paragraph 3.1 above, the Transportation Tear1 Leader has reccmrwnded refusal of the application as the proposed developmert I,: hkelv to result in on stree' parking which would introduce a conflict of vehicle manoeuvres given the sites' close proximity to the Cherry Tree Public House access, Netherton Road and Attkrrciiffe Avenue. The proposed development is therefore considered contrary to TR13. 4.7 With regard to the consultation response received from my Protective Services Section, should planning permission be granted planning conditions can be used to cover issues associated with noise from the extraction system. 4.8 In relation to the pclints of objection, I \both comrnent as follows: (i) It is considered that the prc)p)sai is cclntrary policies RTL9, RTLI, RTL4 and RTLI 1 of the Southern 4raa Local Plan 2008 as detailed in paragraphs 4.3 -. 4.6 above. (ii) 7-he over lsrovision of hot food takeaways is not a material consideration in the assessment of the application. (iii) Anti-social behaviour is not a materia; planning consideration and is a matter dealt with by the Police (iv) Adverse affects on the amenity of the adjoining properties has been considered in paragraphs 4.3 -. 4.6 above. (v) It is considered that drainage would 'lot be an issue, given that the building is already in existence and is currently connected t3 drairlage infrastructure. (vi) The Transportation Section have rei:.o.nmended that the application be refused on the grounds of road safety as discussed iri paragraphs 4.6 above. (vii) Issues reiating to the devaliration of properties are not a material consideration in the assessment of the application. (viii) There was no requirement for the existing building to be demolished, following the relocation of the bookmakers to within the public house. (ix) The rleigiibour iiotification procedure? where correctly carried out, in that those required to be notified where correctly detailed on the epplication form and confirmation was provided detailing the date on which the neighbour r;otification forms where sent. Furthermore the application was advertised in the Wishaw Press published on the 22"dApril 2009. 4.9 In conclusion it is considered that the proposal is contrary to policies RTL9 (Other Commercial Areas), RTLl I Kelail Development), FTL4 ,Assessing Applications) RTLI 1 (Assessing Applications for Bad Neighbour Deveiopment) arid TR13 (Assessing the Transport Implications of Development; of the Southern Area Local Plan 2008 in that the developrnent is located outwith a defined Town Centre or neighbourhood shopping area and the proposal is likely to be detrimental to :he character and amenity ~f the surrounding area by virtue of noise, odours and general distlArt:8ai:ce from the introduction cf an inappropriate use to the area and would cause a traffic and roaL safe:)! hazard d2e to cn st'eet parking congestion. On this basis, I recommend that perm!ssion be refused for this application. Application No: Date Registered: 8th April 2009 Applicant: Blake Davis Gillhead Wishaw Road Wishaw ML2 8EZ Development: Erection of Two Dwellinghouses Location: Gillhead Depot Wishavv Road Wishaw ML2 8EZ Ward: 20 Wishaw: Councillors Adamson, McKay, Pentland, Love Grid Reference: 281 635 653554 File Reference: S/PL/BF/2/6 1/FM/GF Site History: S/08/00062/OU'T - Erection of Dwellinghouse in outline (application site) Approved 22nd April 2008. S/08/01609/FUL - Erection of Dwellinghouse (adjacent site), Refused 21 st December 2007. S/05/00228/FUL - Erection of Dwellinghouse (nearby site), Refused 14th April 2005. Subsequent appeal Dismissed 20th February 2006. S/03/01~06/0UT- Erection of Dwellinghouse (nearby site), Refused 17th December 2003. Subsequent appeal Dismissed 16th June 2004. 5/03/01 369/OUT - 7 Plot Residential Development (in outline), Withdrawn 18th November 2003. S/03/00182/AMD Erection of 1% Storey Detached Dwellinghouse, Granted 16th April 2003. Development Plan: The site is zoned as Green Belt and as an Area of Great Landscape Value in thz Southern Area Local Plan 2008. Contrary to Development Plan: Yes Consultations: None Representations : No letters of representation received Newspaper Advertisement: Advertised on 22nd April 2009 PLANNING APPLICOTION NO S I09 / 00.300 /OU1 ERECTION OF TL'JO DWELLINGHOUSES GiLLHEAD DEPOT VdISHAW ROAD A'SSriAW le101698 274274 fax 01698403053 Recommendation: Approve Subject to the Following Conditions:- 1. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including EII roads, footways, and parking areas; (d) the design and location of all boundary walls and fences; (e) a scheme of landscaping around the boundaries of the site; (9 the provision for drainage works; (9) the disposal of sewage; (h) details of existing trees, shrubs and hedgerows to be retained, and (i) details of existing and proposed site levelci. Reason: To enable the Planning Authority tc consider these aspects in detail. 2. That the development hereby permitted shall be started, either within 5 years of the date of this permission, or within 2 years of the date of which the last of the reserved matters are approved, whichever is the later. Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997. 3. That within three years of the date of this permission, an application for approval of the reserved matters, specified in condition 1 above, shall be made to the Planning Authority. Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997. 4. That the dwellinghouses hereby permitted shall be no more than 7.5 metres in height (single storey but may include attic accommodation), shall be of a traditional rural design and shall comply with the Council's "Developers Guide to Open Space". Reason: To ensure that the dwellinghouses are In accordance with the Council's Open Space Guidelines and IS of an appropriate rur8l size and design. 5. That notwithstanding the generalities of Condition (1) in-curtilage parking shall be provided for each plot at the foliowing rate; 2 bedroom: 2 spaces, 3 bedroom: 3 spaces, 4 bedroom: 3 spaces, 5 bedroom: 4 spaces. Reason: To ensure the provision of satisfactory in-curtilage parking provision 6. That BEFORE any works of any description start on the application site, unless otherwise agreed in writing with the Plannirig Authority, a comprehensive site investigation report shall be submitted to and for the approval of the said Authority. The investigation must be carried out in accordance with current best practice advice. such as BS 10175: 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site specific risk assessnient of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Stratecy may be required. Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents. 7. That any remediation works identified by the site investigation required in terms of Condition 6, shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy. Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future residents. 8. That BEFORE any works start on site, thB applicant must confirm in writing to the Planning Authority that the foul drainage can be connected to the public sewer in accordance with the requirements of Scottish Water. The surface water must be treated in accordance with the principles of the Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland published by ClRlA in March 2000. Reason: To pre'dent groundwater or surface water contamination in the interests of environmental and amenity protection. 9. That before the dwellinghouses hereby permitted are occupied, all existing buildings within the application site relating to the haulage business shall be removed to the satisfaction of the Planning Authority. and thereafter no parking of cornmercial or heavy goods vehicles or any other haulage or commercial operations shall lake place at any time within or adjacent to the application site. Reason: To ensure that all existing commercial operations from the yard are brought to an end in the interests of residential amenity, the character of the Green Belt and the integrity of Green Belt Policy. Background Papers: Application form and plans received 8'h April 2009 Memo from Transportaticn Tearr Leader, received Memo from Head of Protective Services, received 5t'' May 2009 Any person wishing to inspect these documents should contact Mr Fraser Miller at 01698 2741 19 Date: 18 May 2009 APPLICATION NO. S/09/00400/0UT REPORT 1. Description of Site and Proposal 1.I This application seeks outline planning permission for the erection of two dwellings at Gillhead Haulage Yard, Waterloo, Wishaw. 1.2 The site comprises the established hsulage yard which is located between residential properties, Heathfield (to the west) and Gillyburn House (to the east). The plot is effectively rectangular in shape, 37 metres in width along the frontage and 22.5 metres (on average) deep. The yard is currently defined by established boundary treatment comprising a mix of vegetation as well as sections of timber and chainlink fencing. Internally, the yard contains an area of hard standing, a large industrial style shed and several lorries and trailers. The land generally declines in level from north to south where it extends to open fields and the Clyde Valley beyond. Access is taken off a private road branching from the A721 Wishaw Road to the north. 1.3 An indicative layout plan has been submitted with the application, demonstrating the proposed access to each dwelling, whilst showing the approximate position of each dzelling within each plot. Outline consent was granted for a single dwelling on the site on the 22 April 2008, (Ref: S/08/00062/0UT). The applicant had previously supplied a supporting statement indicating that the business had operated for 33 years and inith the applicants impending retirement the proposed dwellinghouse would displace all haulage business operations. Planning permission was initially granted for the use of the application site for the storage of a 30 tonne lorry and associated oil storage tank in 1977. This has become an established larger yard in the years since. 2. Development Plan 2.1 The site is zoned as Green Belt (ENVG) in the Southern Area Local Plan 2008. 3. Consultations and Representations 3.1 The Transportation Team Leader recomm 3nded refusal of the previous relevant applications at this location due to the access to the site being sdbstandard with respect to construction, width, pedestrian and turning facilities and street lighting. Also, the junction with the A721 is substandard at a derestricted section and additional traffic using the junction would be detrimental to road safety. These comments remain relevant. 3.2 My Protective Services Section raised no objections, however did comment that subject to the approval of this application, measures should be implemented to limit noise levels and dust emission during construction. They also commented that a site investigation report be submitted to ensure the site is free of any contaminants. 3.3 No letters of representation have been received following the neighbour notification and press advertisement nrocedures. 4. Planninn Assessment and Conclusions 4.1 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 4.2 This application is not of strategic significance and as such only requires to be assessed against the local plan. The relevant policies within the Southern Area Local Plan 2008 are ENVG (Green Belt), HSGll (Housing in the Green Belt and Countryside) and TR13 (Assessing the Transportation Implications of Development), together with other material considerations. 4.3 Policy ENVG presumes against development that will affect the character and function of the Green Belt, within which there is a presumption against development other than that directly associated with an appropriate rural use. Policy HSGI 1 indicates that new houses will only be permitted where there is a proven ciperatiorlal need in accordance with Policy ENVG. This policy also sets criteria for assessing new housing applications, including visual prominence of the site, design issues. vehicular access and site drainage. Whilst located in the Green Belt, the principle of a residential development on the site, has already been established through the approval of the 2008 application. In addi?ion the site is currently industrial in nature, both in terms of its use and physical appearance. While the haulage use is established, it does not currently contribute positively to the purposes of the Green Belt. The applicant had provided a supporting statement with the 2008 application, detailing that the application is as a result of the proposed closure of the yard and the dwellings would displace the entire site. It was acknowledged that there was no standard justification in terms of an appropriate rural use, however the dwelling \A/ould result in a significant visual improvement of both the site and the character of the wider area. Furthermore, the approved dwelling was considered a less intensified use more in keeping with the sinall group of residential properties at this location in the Green Belt. The current application seeks consent for the erection of two dwellings on the site in lieu of the single dwelling previously approved. It is considered that the site is sufficient in size to accommodate the dwellings, whilst affording generous garden ground, characteristic of the adjoining dwellings. The quality and appropriateness of design can be controlled at the reserved matters stage should planning permission be granted. I recommend that specific conditions be attached to any consent to ensure that both dwellings are of traditional appearance ir, keeping with the area and that landscaping is incorporated to integrate the development within the wider landscape. Under these particular circumstances, the application is considered to comply with the spirit and intentions of policies ENVG and HSGll of the Southern Area Local Plan in respect to safeguarcing the Green Belt. 4.4 This site additionally lies within the Clyde Valley Area of Great Landscape Value and as such, policy ENVI 5 (Area of Great Landscape Value) gives the area additional protection from development that would have a significant adverse effect on the character and quality of the environment. Notwithstanding the Green Belt issues surrounding this application, subject to the aforementioned conditions, this development has no significant adverse affects on the wider landscape. I consider that the application. if appropriately designed through the reserved matters application. would have a positive impact upon the Area of Great Landscape Value. 4.5 Policies HSG 12 and TR13 (Assessing the Transportation Implications of Development) both require assessment of roads and transportation issues. While the application is only in outline, assessment of the plans has established that the site is of a size capable of supporting two dwellings, generous garden ground and appropriate access and parking. The road safety issues raised by my Transportation Tear Leader, set out in paragraph 3.1 above are noted. These specific issues are acknowledged, however, the applicant previously operated a haulage business from this site and the proposed use 1s less intensified, resulting in a reduction of vehicle movemei7t at the junctioii and on the private road. While a general assessment deems the proposal contrary to Policy TR 13, as this application would result in an improvement to the current situation, I conclude that the road safety concerns are insufficient to warrant refusal. 4.6 SPP 21 "Green Belts" states that there will be a strong presumption against inappropriate development in the Green Belt. New developments in the Green Belt must be of a suitable scale and form for the location. The broad aim of national policy is to encourage development on suitable sites within settlements avoid the coalescence of towns and restrict isolated development in the Green Belt except under certain circumstances. I do not consider that this particular application conflicts with any of these aims in that the proposed dwellings displace an operational haulage yard and results in a positive contribution to the environment. While the site is not within a defined settlement in the local plan, it is contained within a small group of dwellinghouses and the proposed dwellings would physically displace a large industrial style shed. While normal Green Belt justification is not relevant to this proposal, for the reasons stated in this report, the particular circumstances are such that the application is acceptable and remains compliant with the aims of SPP21 "Green Belts". 4.7 A material consideration IS the North ianni kshire Location Plan, however, the zoning and policy position remains unaltered from the Adopted Plan 4.8 In relation to material considerations it is, useful to pay regard to recent applications in the vicinity. Planning application S/03/01606/OUT was refused at the Planning and Environment Committee in December 2003 and a subsequent appeal was dismissed by the Scottish Executive in June 2004. This application was for the erection of a dwellinghouse on land west of Rhiconich, which Is located in close proximity to the application site. Similarly, recent applications opposite at 320 Wishaw Ropd and at the adjacent Heathfield for the erection of dwellinghouses were also refused planning permission due to lack of Green Belt justification and impact upon road safety. The planning considerations of this case are quite different for the reasons detailed in the report. 4.9 In conclusion. it is r?oted that no normal Green Belt justification is provided in this application. However, as the proposal displaces an established haulage business (which includes a large industrial shed) and will result in significarlt landscape and environmental improvements, it is considered that the proposal complies witn the aims and intentions of Policies ENVG, ENV15, HSGI 1 and TR13 of the Southern Area Local Plan 2008. I therefore recommend that planning permission be approved subject to conditions