Application No: N/Ol/Ol279/FUL

Date Registered: 3rd October 2001

Ap p Iican t : Ogilvie Homes Ltd PO Box 811 Stirling FK7 OLE

Development: Construction of Nine Dwellinghouses

Location: Land North of House, Cumbernauld

Ward: 53: Kildrum and Park Councillor Margaret Murray

Grid Reference: 2771 73 675987

File Reference: N/01/01279/FUL

Site History: N/98/00718/0UT : Erection Of 2 Storey Office Building (In Outline) Granted 19th October 1998

N/04/02227/LBC :Refurbishment Works & Installation of Floodlighting Also under Consideration at this Committee

Development Plan: The site is covered by Policy EN26 (Significant Areas of Open Space, Limited Development Allowed) of the adopted Cumbernauld Local Plan 1993. The Building is included within the Statutory List of Buildings of Architectural or Historic Merit, Category A. Policy EN2 of the adopted Cumbernauld Local Plan 1993, is also of relevance.

Contrary to Development Plan: Yes

Consultations: NLC Housing And Property Services (No Response) Scottish Water (No Objections) The Coal Authority (No Objections) Historic Scotland (Comments) Architectural Heritage Society Of Scotland (No Response) West Of Scotland Archaeology Service (No Objections) Scottish Natural Heritage (Com ments) NLC Community Services (Comments)

Representations: 63 Representations, including Petitions of 20 and 88 signatures

Newspaper Advertisement: Advertised on 17th October 2001

Recommendation: Grant Subject to the Following Conditions:-

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

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 Pioduced by NI01 D(2791FUL Planning and Enuronmsni Departmen1 Ogllvle Homes Ltd Fiemin~nouse Land North of Cumbcrmuld House 2 Tlyrt Road Cum bnnauld CUMBERNAULD Conslrudlon of Nlnt D\hCllinQhoUSe* 087 i JW +Letters 01 Ren~~enlillm 2. That before the development hereby permitted starts, full details of all external finishing materials to be used on all walls, roofs, windows, doors and rainwater goods shall be submitted to, and approved in writing by the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects in the interests of the visual amenity of the site and the surrounding area.

3. That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects in the interests of the visual amenity of the site and the surrounding area.

4. That, notwithstanding the generalities of Condition 3; (a) each rear plot boundary shall be defined by a form of screening boundary treatment, which is no less than 1.5 metres in height; (b) each rear side plot boundary (starting from the front line of the forwardmost adjacent dwelling and continuing to the rear plot boundary) shall be defined by a form of screening boundary treatment, which is no less than 1.5 metres in height; (c) each front plot boundary shall be defined by a form of boundary treatment which is no more than 0.5 metres in height, and; (d) each front side plot boundary (starting from the front line of the forwardmost adjacent dwelling and continuing to the front plot boundary) shall be defined by a form of boundary treatment which is no more than 0.5 metres in height

Reason: In the interest of the visual amenity of the site and the surrounding area and to protect the amenity of the future residents of the development.

5. That before each of the dwellings hereby permitted is occupied all of the boundary treatments approved for that plot under the terms of Conditions 3 and 4 shall be completed.

Reason: In the interests of residential amenity and the visual amenity of the site and the surrounding area.

6. That before the development hereby permitted starts, a scheme of landscaping shall be submitted to, and approved in writing by the Planning Authority, and it shall include:- (a) details of all earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) details of a scheme of replacement planting which provides for no less than 2 replacement trees of native species for each tree being felled to make way for the development hereby permitted; (d) details of the phasing of these works.

Reason: To enable the Planning Authority to consider these aspects in the interests of the visual amenity of the site and the surrounding area.

7 That within one vear of the occupation of the last dwellincl within the development hereby permitted, all planting, seeding, surfacing and earth mouliing included in the scheme of landscaping and planting, approved under the terms of Condition 6, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: In the interest of the amenity of the site and the surrounding area.

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

Reason: To ensure that the mature trees within the site are retained and protected from damage during construction, in the interests of visual amenity.

10. That before the development hereby permitted starts, a woodland management and maintenance scheme, covering the area hatched green on the approved plans, shall be submitted to, and approved in writing by the Planning Authority and it shall include:- (a) proposals for the continuing care, maintenance and protection of the trees, shrubs and hedges, including details of the timing and phasing of all such works; (b) details of the location, number, variety and size of trees and shrubs to be planted, and the phasing of such works. The scheme approved in terms on this Condition shall be implemented by the applicant in accordance with the agreed timescale, all to the satisfaction of the Planning Authority.

Reason: To ensure that the mature trees within the site are retained and protected in the interests of visual amenity.

11. That before the development hereby permitted starts, a revised detail for the junction between the access to Cumbernauld House, the access to the housing site and the access to the allotments shall be submitted to, and approved in writing by the Planning Authority.

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

12. That, except as may otherwise be agreed in writing by the Planning Authority, the revised junction design required under the terms of Condition 11 shall provide for:- a) the new access to the housing site to connect directly to the existing access to Cumbernauld House; b) the access to the allotments to be a secondary dropped kerb access from the new housing access: c) junction visibility of 2.5 x 60 metres; d) forward visibility of 60 metres.

Reason: To clarify the requirements of the Planning Authority in the interests of traffic safety.

13. That before any of the dwellings hereby permitted are occupied all of the works required to form the junction in accordance with the details approved under the terms of Conditions 11 and 12 shall be completed.

Reason: In the interests of traffic safety. 14. That before the development hereby permitted starts a layout and detailed specification for the construction of a footpath link from the housing site to the existing public footpath network, shall be submitted to and approved in writing by the Planning Authority.

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

15. That before any of the dwellings hereby permitted are occupied all of the works required to form the footpath connection in accordance with the details approved under the terms of Condition 14 shall be completed.

Reason: In the interests of pedestrian safety,

16. That before the development hereby permitted starts a revised layout for the provision of visitor parking within the development which provides for no less than 2 spaces to be provided in any group in a lay-by format shall be submitted to and approved in writing by the Planning Authority.

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

17. That no dwellinghouse hereby permitted shall be occupied until the road and footpath leading to it and the visitor parking spaces approved under the terms of Condition 16, have been constructed to basecourse standard and the road and footpath and visitor parking shall thereafter be maintained to the satisfaction of the Planning Authority during the construction phase.

Reason: In the interests of traffic and pedestrian safety.

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

Reason: In the interests of traffic and pedestrian safety and to safeguard the residential amenity of the area.

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

Reason: To safeguard the residential amenity of the area.

20. That none of the integral garages hereby permitted shall be altered for use as habitable rooms without the prior written consent of the Planning Authority.

Reason: To ensure the retention of adequate parking within the development.

21. That before the development hereby permitted starts, details of the surface finishes to all roads, driveways, footpaths and parking and manoeuvring areas shall be submitted to and approved in writing by the Planning Authority. Reason: To enable the Planning Authority to consider these aspects in the interests of the visual amenity of the site and the surrounding area.

22. That before the development hereby permitted starts, a scheme detailing the following shall be submitted to, and approved in writing by the Planning Authority: (a) the proposed location(s) for the site compound, (b) the proposed location(s) for any temporary storage mounds, and (c) the intended location of staff parking.

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

23. That as soon as is reasonably practicable following the start of the development hereby permitted, the site compound shall be formed on site in accordance with the details approved under the terms of Condition 21, and thereafter the unloading of all vehicles and materials, parking of vehicles belonging to site staff and storage of materials shall take place In accordance with the approved scheme.

Reason: In the interests of road safety and amenity.

24. That as soon as is reasonably practicable at the end of each working day or as may otherwise be necessary during the course of the working day, the developer shall sweep or otherwise clear away any mud or similar material, which has been carried out on to the surrounding roads by vehicles leaving the site during the construction of the development.

Reason: In the interests of road safety and amenity.

25. That notwithstanding the provisions of Class 7 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no gates, fences, walls, or other means of enclosure, other than those expressly authorised under the terms of Conditions 3 and 4, shall be erected between the front of any dwellinghouse hereby permitted and the adjoining road.

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

26. That before the development hereby permitted starts a report on a survey of all habitats potentially affected by the development, identifying the presence and location of all species which receive statutory protection (particularly bats) shall be submitted to and approved in writing by the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects in order to minimise risk to protected species and to ensure compliance with the requirements of the Wildlife and Countryside Act 1981.

27. That before the development hereby permitted starts, details of all mitigation measures required to minimise the effect of the development on protected species shall be submitted to and approved in writing by the Planning Authority, and thereafter these measures shall be implemented in accordance with the approved details.

Reason: To minimise risk to protected species and to ensure compliance with the requirements of the Wildlife and Countryside Act 1981. 28. That before the development hereby permitted starts, full details of the location and design of the surface water drainage scheme to be installed within the application site shall be submitted to and approved in writing by the Planning Authority, and for the avoidance of doubt the scheme shall comply with the Scottish Environment Protection Agency's principles of Sustainable Urban Drainage Systems.

Reason: To safeguard the amenity of the area, to prevent groundwater pollution and to ensure that the proposed drainage system complies with the latest SEPA guidance.

29. That before the development hereby permitted starts, full details of the re-aligned access to the allotments shall be submitted to and approved in writing by the Planning Authority and thereafter before the existing access route is closed, the new access shall be completed and available for use and shall remain available for use during construction and on completion of the development.

Reason: To enable the Planning Authority to consider these aspects in the interest of the amenity of the site and the surrounding area and to protect the interests of occupiers of adjoining land.

NOTE TO COMMITTEE

If granted, the planning permission will not be issued until an Agreement under Section 75 of the Town and Country Planning (Scotland) Act 1997 and a Bond Of Caution have been concluded with the applicant and the owner of Cumbernauld House in respect of the restoration of Cumbernauld House.

Background Papers:

Application form and plans received 3rd October 2001 Letters from Applicant received 3rd December 2001, 14th March 2002, 22nd & 25th April 2002, 30th August 2002 and 20th September 2004 Tree Survey received January 2002 Survey Report and Refurbishment Proposals received April 2002 Amended plans received 1st September 2004

Memo from NLC Planning and Environment Roads Service Manager received 8th February 2005 Letters from Scottish Water received 22nd October & 5th November 2001 Letter from The Coal Authority received 12th November 2001 Letter from Historic Scotland received 30th November 2001 Letter from West Of Scotland Archaeology Service received 26th November 2001 Letter from Scottish Natural Heritage received 5th November 2001 Memos from NLC Community Services received 28th December 2001

Letter from Cumbernauld Allotments Association, Per Mr Harry Gunn, 66 Tiree Drive, Cumbernauld, received 12th October 2001. Letter from Scottish Wildlife Trust, 5-7 Napier Way, , Cumbernauld, received 15th October 2001. Letters from Mr I K Stark, 2 Meadow View, Kildrum, Cumbernauld, received 29th October 2001 &I1th February 2005. Letters from Kenneth Davie, 27A Meadow View, Kildrum, Cumbernauld, received 30th October 2001 & 8th February 2005. Letters from Malcolm J Allan, 1511 7 Baronhill, The Village, Cumbernauld, received 30th October 2001, 27th June 2002 & 8th February 2005. Letter from Lawrence J Schiach, 24 Park Way, Cumbernauld, received 30th October 2001. Letters from Mrs Mason, 34 Meadow View, Kildrum, Cumbernauld, received 1st November 2001& 8th February 2005. Letters from David Mclntosh, 13 Park Way, Kildrum, Cumbernauld, received 2nd November 2001, 18th February 2002 & 9th February 2005Letter from Councillor Margaret Murray, PO Box 14, Civic Centre, Motherwell, received 1st November 2001. Letters from Mrs K M Wilkinson, 42 Meadow View, Kildrum, Cumbernauld, received 6th November 2001 & received 15th February 2005. Letters from F Mackenzie, 48 Park Way, Kildrum, Cumbernauld, G67 2BU, received 6th November 2001 8 11th February 2005.. Letter from James Hannah, 7D Drummond House, Hume Road, , Cumbernauld, received 6th November 2001. Letters from Cathie Craigie MSP, 6 Market Square, Kilsyth received 15th November 2001, 28th February 2005 & 3rd March 2005 Letters from Mrs A J M Mclntosh, 26 Meadow View, Kildrum, Cumbernauld, received 14th November 2001 & 10th February 2005. Letters from The Village Community Council, Per Mr G Lallaway, Secretary, 25 Roadside, The Village, Cumbernauld, received 13th November 2001 & 16th February 2005. Letter from Congregational Board Of Cumbernauld Old Parish Church, 11 Ben Ledi Crescent, Balloch, Cumbernauld, received 26th November 2001, Letter from Mr Neil Andrew Wotherspoon, 29 Netherwood Avenue, Westfield, Cumbernauld, received 11th December 2001. Letter form Rosemary McKenna MP, House of Commons, London received 11th January 2002. Letter from Mrs Elizabeth Brown, 37 Meadow View, Kildrum, Cumbernauld, received 9th February 2005. Letter from Mr William Dempsey, 1E Clouden Road, Kildrum, Cumbernauld, received 10th February 2005. Letter from Mr R Border, 19 Roadside, , Cumbernauld, received 10th February 2005. Letter from Mr David Robertson,l62 Ainslie Road, Kildrum, Cumbernauld, received 10th February 2005. Letter from Margaret Robertson, Secretary, Kildrum Community Council, 162 Ainslie Road, Kildrum, Cumbernauld, received 10th February 2005. Letter from Mr James D Upton, 58 Park Way, Kildrum, Cumbernauld, received 10th February 2005. Letter from Glyn & Agnes Price, 23 Park Way, Kildrum, Cumbernauld, received 10th February 2005. Letter from Mrs M Shaw, 14E Mossgiel Road, Kildrum, Cumbernauld, received 11th February 2005. Letter from Mr Tom Johnston, 5 Burn View, Cumbernauld, received 14th February 2005. Letter from Ms F Hutchison, 46 Ash Road, , Cumbernauld, received 14th February 2005. Letter from Mr A Cameron, 70 Ash Road, Abronhill, Cumbernauld, received 14th February 2005. Letter from Mr William Samson, 46 Ash Road, Abronhill, Cumbernauld, received 14th February 2005. Letter from Alex F Black, 12A Meadow View, Kildrum, Cumbernauld, received 14th February 2005. Letter from Bill & Maureen Forbes, 31 Glen View, Kildrum, Cumbernauld, received 14th February 2005. Letter from Moira Scott, 62 Park Way, Kildrum, Cumbernauld, received 14th February 2005. Letter from Mr P Curran, 26 Ainslie Road, Kildrum, Cumbernauld, received 14th February 2005. Letter from Mrs Helen Richardson, 9 Carrick Road, Village, Cumbernauld, received 15th February 2005. Letter from Mr Duncan Mackenzie, 17 Laightoun Gardens, , Cumbernauld, received 15th February 2005. Letter from Karen M Wood, 30 Meadow View, Kildrum, Cumbernauld, received 15th February 2005. Letter from Ronald & Elizabeth Rodgers, 20 Meadow View, Kildrum, Cumbernauld, received 15th February 2005. Letter and petition of 20 signatures from Mrs Margaret Davidson, 27 Glen View, Kildrum, Cumbernauld, received 15th February 2005. Letter from Mrs Margaret Davidson, 27 Glen View, Kildrum, Cumbernauld, received 23rd February 2005. Letter from Mrs A Burns, 32 Meadow View, Kildrum, Cumbernauld, received 15th February 2005. Letter from Mr Harry Causer, 17 Park Way, Kildrum, Cumbernauld, received 15th February 2005. Letter from J Wilkinson, 4B Doonside, Kildrum, Cumbernauld, received 16th February 2005. Letter from Mr Alan J Sneddon, 'Cruachan', 5 Gainburn Crescent, Condorrat, Cumbernauld, received 16th February 2005. Letter from Fiona Forbes, 96 lvanhoe Road, , Cumbernauld, received 16th February 2005. Letter from Mr Kenneth MacGregor, Chairmanlsecretary, Cumbernauld Allotments Association, 2D Drummond House, Hume Road, Seafar, Cumbernauld, received 16th February 2005. Letter from lrene Mcllraith, 65 McGregor Road, Seafar, Cumbernauld, received 16th February 2005. Letter from Rhona Cheyne, 12 MacTaggart Road, Seafar, Cumbernauld, received 16th February 2005. Letter from Ann L Sneddon,Secretary, Condorrat Community Council, Cruachan, 5 Gainburn Crescent, Condorrat, Cumbernauld, G67 4QN received 16th February 2005. Letter from Elizabeth Robertson, 18 Greenfaulds Crescent, South , Cumbernauld, received 17th February 2005. Letter from Friends Of Cumbernauld House Park Group, C/o Lesley Macphee, 20 Glen View, Kildrum, Cumbernauld, received 17th February 2005. Letter from Mrs Margaret Clark, 108 Hazel Road, Abronhill, Cumbernauld, received 17th February 2005. Letter from Lynda J Mcllwraith, 8 Meadow View, Kildrum, Cumbernauld, received 17th February 2005. Letter from Mrs Anne R McNicol, 58 Waverley Crescent, Greenfaulds, Cumbernauld, received 18th February 2005. Letter from Joan Hamilton, 38 Westray Court, Ravenswood, Cumbernauld, received 18th February 2005. Letter from Nicola Hamilton, 2A Grieve Road, Seafar, Cumbernauld, received 18th February 2005. Letter from Mr Matthew Richardson, 12 Hillcrest Court, North Carbrain, Cumbernauld, received 18th February 2005. Letter from Mr Vince Richardson, 2A Grieve Road, Seafar, Cumbernauld, received 18th February 2005. Letter from Mr Alex G Ross, Flat 1/2 Dawson's Building, 61 Main Street, Kilsyth, received 18th February 2005. Letter from Rosemary F Williamson, 120 Cedar Road, Abronhill, Cumbernauld, received 18th February 2005. Letter from John Kirkhope RlBA ARIAS, Chartered Architect, 3 Drove Hill, Balloch, Cum bernauld, received 18th February 2005. Letter and petition of 88 signatures from Mrs Margaret Davidson, 27 Glen View, Kildrum, Cumbernauld, received 23rd February 2005. Letter from Mrs Doran, 50 Park Way, Kildrum, Cumbernauld, received 23rd February 2005. Letter from Angi Inch, Secretary, Cumbernauld Community Forum, 7 Westray Court, Seafar, Cumbernauld, received 25th February 2005. Letter from Mr Gibson, 38 Springfield Road, Village, Cumbernauld, received 28th February 2005.

Any person wishing to inspect these documents should contact Mary Stewart at 01236 61 6473. APPLICATION NO. N/Ol/Ol27B/FUL

REPORT

I. Description of Site and Proposal

1 .I The site forms part of the curtilage of Cumbernauld House, which is Listed Category A. Access to the site is from the southbound carriageway of the A8011. The access is shared between Cumbernauld House , Cumbernauld Theatre, the park and the allotments. The site sits to the north-west of Cumbernauld House itself and comprises an area of land which was staff car park when the House was used as Cumbernauld Development Corporation headquarters, an area which was formerly part of the allotments and an area of mature woodland. The access track to the remaining allotment area runs across the northern end of the site.

1.2 The site sits at a lower level than the main building and is separated from it by a courtyard and landscaped area.

1.3 The applicants proposes to construct 9 detached dwellings with integral garages within the site. The existing access to the allotments would be re-aligned along the north western edge of the site and most of the mature trees within the site would be retained.

1.4 Since the submission of the application in October 2001, the applicant has submitted additional information including a full tree survey and a detailed survey and specification of the works required to Cum bernauld House. The applicant has indicated formally that the development would provide funding for these works and a Listed Building Consent application was submitted in December 2004. In addition amendments to the original layout and house designs have been submitted and negotiations in relation to a Section 75 Agreement and Bond have taken place between the applicant, the owners of Cumbernauld House and the Council.

1.5 The applicant has indicated that the development of the site will provide funding for the repair and refurbishment of the Listed Building. Application N/04/01227/LBC, in relation to the proposed works to Cumbernauld House, is also under consideration at this Committee. The applicant and the owners of Cumbernauld House have indicated their agreement to the conclusion of a Section 75 Agreement in this respect and the owner of Cumbernauld House has also agreed to provide a Bond, giving additional reassurance that the works to the Listed Building would be funded, even if the owning company became insolvent or otherwise failed to carry out the required works.

2. Development Plan

2.1 The site is covered by Policy EN26 (Significant Areas of Open Space, Limited Development Allowed) of the adopted Cumbernauld Local Plan 1993. This policy presumes against development within areas of defined open space except where the development provides for outdoor recreation, nature conservation or landscape protection.

2.2 Cumbernauld House itself is included within the Statutory List of Buildings of Architectural or Historic Merit, Category A. Policy EN2 of the adopted Cumbernauld Local Plan 1993 is also of relevance, therefore. This Policy presumes against development which could adversely affect the character, appearance and setting of a Listed Building.

3. Planning History

3.1 Cum bernauld House, was occupied by Cumbernauld Development Corporation until April 1996. The house was declared surplus to the requirements of North Lanarkshire Council in 1997 and was offered for sale on the open market in May 1997. The area which is the subject of the current application formed part of site which was identified as being suitable for additional development. A wide range of potential new uses for both the building and the site were considered acceptable, including office, hotellleisure and residential.

3.2 The Council resolved to sell the building and the development site for office development and in October 1998 Outline Planning permission for a 2 storey office building was granted on the site. This permission was never implemented and has now lapsed.

3.3 The sale of the property for office development was abandoned and the property was re-marketed in August 1999. The building and a reduced area of the site with development potential was offered for a similar range of possible new uses. The successful bidder proposed to convert the house itself into flats and develop the application site for new housing. Shortly after the conclusion of the sale, the current owners acquired the building for use as a headquarters office for their company. Internal redecoration and minor repair works were carried out and the company took occupation of the building shortly afterwards.

4. Consultations

4.1 The Architectural Heritage Society for Scotland and North Lanarkshire Council’s Housing and Property Services Department failed to respond. Scottish Water, The Coal Authority and West of Scotland Archaeological Service had no objections to the proposals.

4.2 Historic Scotland commented that their preference would be to see the temporary office buildings removed and for the site to be returned to landscaping. They further consider that the setting of the house is likely to be compromised to some extent by the construction of new housing in close proximity and that the Council should therefore satisfy themselves that the ‘enabling development’ is financially necessary for the continued repair and maintenance of the house.

4.3 Scottish Natural Heritage considered that the proposals would be unlikely to threaten natural heritage interests at the location. They also consider that any potential impact could be further reduced through the imposition of Conditions in relation to a survey for the presence of protected wildlife, the replacement of trees which require to be removed and the protection of trees to be retained.

4.4 North Lanarkshire Council’s Community Services Department commented that they would prefer to see the site access re-positioned to avoid disturbance to the area of mature woodland, which they consider has potential for enhancement through wild flower planting. They advise that Japanese Knotweed exists within the central planting area of the car park and recommend that only native species sensitive to woodland habitats be used in the landscaping of the site.

4.5 My Transportation Section recommended that the access road from the A8011 should be upgraded to an adoptable standard. Further to this, they made recommendations in relation to the junction layout and visibility, the need for a footpath link from the site to the existing public network and the requirements for parking.

5. Representations

5.1 As a result of the neighbour notification process and publicity on the application, a total of 63 representations, including petitions of 20 and 88 signatures, were received. The concerns expressed can be summarised as follows:-

5.2 Cumbernauld Allotments Association expressed the need for the boundary fence to the allotments area to be replaced before the start of construction on the adjoining site. Comment ; The developer proposes to construct a new boundary wall on the mutual site boundary.

5.3 The Scottish Wildlife Trust suggested that in mitigation for the loss of mature trees, all new tree and shrub planting should be of trees native to the area.

Comment: This requirement can be secured through the imposition of Planning Conditions.

5.4 The local member, Councillor Margaret Murray, submitted a request for a Site Visit and Hearing. Councillor Murray, Cathie Craigie MSP and Rosemary McKenna MP all submitted requests for further information in relation to the proposed development. A further five requests for a Committee Site Visit and Hearing were made by objectors.

Comment : The requested information was provided and the Committee are asked to consider the requests for a Site Visit and Hearing.

5.5 The main concerns of the remaining objectors can be summarised as follows:-

* The development is contrary to Policy EN26 of the adopted local plan. The site is not zoned for housing and there is no shortage of housing sites.

Comment : It is accepted that the proposed development is contrary to Policy EN26 and that the site is not zoned for housing in the adopted Cumbernauld Local Plan. The site has not been identified for housing in response to the identified short term shortfall in housing land.

0 The development would adversely affect the setting of the Listed Building.

Comment : Whilst the development site lies within the curtilage of the Category A Listed Building, it is separated from the Listed Building itself by the stables courtyard. The development site lies at a lower level than the Listed Building and the development would not be visible either from the front of the building or from the main approach to it. The development would be clearly visible in the longer views from the north but would relate well to both the building and the surrounding landscape and woodland area. The development would also be visible from the area to the rear of building but would be no more significant in its impact than the existing allotments.

The development will impact on an area of archaeological importance.

Comment : The West of Scotland Archaeological Service considers that the most likely location for early archaeological remains lies outwith the development site and made no recommendations in relation to any form of archaeological investigation works.

e The developer’s standard house types are inappropriate for the site in terms of the scale, design and materials of the proposed housing.

Comment : The proposed housing designs reflect the proportions of traditional buildings in terms of their scale and proportions. Considerable efforts have been made to incorporate traditional Scottish architectural features and detailing and the proposed materials are traditional. Whilst the dwellings make no attempt to mimic the style of the Listed Building, they do attempt to provide a modern version of a group of ‘estate dwellings’.

0 The development would destroy the natural parkland setting and impinge on the public leisure use of the park. Comment : The development site comprises a former car park and an area formerly occupied by allotments. Neither of these uses contributed to either the parkland setting or the public leisure use of the park in the past. The site itself is small in comparison to the area of parkland available for public use. In addition the occupation of these dwellings would bring improved security for the surrounding land uses by bringing life to an area which is currently prone to problems of vandalism in hours of darkness.

0 The development would result in the loss of mature trees and would disrupt the wildlife in the local area.

Comment : The mature trees are not protected by a Tree Preservation Order. The applicant has submitted a detailed tree survey and amended the layout of the development so that the majority of the mature trees within the site can be retained. Conditions can be attached to any Planning Permission which would require the trees to be protected during construction works and provide for replacement planting for those trees which are removed to allow development.

The development would result in a loss of parking for members of the public visiting the park.

Comment : Whilst members of the public may be making use of the former car park when using the park, the site is not in public ownership and there is no requirement for the owner to allow public access to this area.

The site should be re-instated as part of the public park.

Comment : The site is not in public ownership and has not been part of the public park since the Cumbernauld Development Corporation occupied the property.

0 The development would set a precedent for further areas of the park to be released for development.

Comment : The development site is in private ownership and has not been part of the public park for many years. The development is proposed as an ‘enabling development’ to allow the owner of Cumbernauld House to generate funds for essential repairs to be carried out to the Listed Building. These are particular circumstances which would not set a precedent for further general housing development within the park.

0 The development would result in an increase in traffic on the access road, which is shared with the allotments, the theatre and the park.

Comment : The development would increase the volume of traffic utilising the access road. The volume of the increase arising from 9 dwellings is unlikely to be significant when viewed against the volume of traffic generated by the existing uses. In addition the traffic generated by the occupiers of Cumbernauld House has decreased significantly under its current occupation.

0 There is no outline planning permission for the proposed development.

Comment : There is no requirement to obtain an Outline Planning Permission before submission of an application for full planning permission. 6. Planning Assessment and Conclusions

6.1 Under Section 25 of the Town & Country Planning (Scotland) Act 1997 planning decisions require to be made in accordance with the development plan unless material considerations indicate otherwise. The proposed development is contrary to Policy EN26 of the development plan. In addition it is accepted that the development will have an impact on the setting of the Listed Building, contrary to Policy EN2.

6.2 Whilst the Outline Planning Permission for the construction of a 2 storey office block on the site, has now lapsed, the permission remains material to the consideration of the current development proposal. The impact of the 3500 square metre office development and the required parking on the setting of the Listed Building would have been expected to be significantly greater than any impact generated by the current housing proposal. It is also likely that the impact of the office development on public access to the surrounding parkland would have been significantly greater than that of the proposed housing development.

6.3 In addition, the Council are satisfied that the Listed Building itself would benefit from the execution of the scheme of restoration and repairs currently being considered under the terms of Listed Building Consent reference N/04/02227/LBC. That proposal comprises a full schedule of refurbishment works designed to repair and preserve the structure of this important local building for the future. Both the applicant and the owner of Cumbernauld House have indicated that the proposed housing development is necessary to release the funds required to allow the scheme of refurbishment to proceed.

6.4 Both the applicant and the owner of the Listed Building have indicated their agreement to the conclusion of an agreement under S75 to ensure that the development proceeds are directed in to the restoration scheme. In addition, they have agreed to the provision of a Bond, which will ensure that funds are available for the works, should the current owners be unable to complete them.

6.5 In these circumstances, it is considered that the benefits to this important Category A Listed Building arising from the grant of planning permission for the scheme outweigh the considerations of the development plan and the level of impact on the setting of the building. Accordingly, I recommend that planning permission be granted subject to the attached conditions. If the Committee accept this recommendation, a Section 75 Agreement and Bond of Caution are required before Planning Permission is issued.

6.6 As noted in Para. 5.4, requests have been made by the local Councillor and others that the Committee conduct a Site Visit and Hearing prior to their determination of this application.