Norfh Lanarkshire Council

Planning Applications for consideration of Planning and Transportation Committee

Committee Date : 30th July 2007

Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved APPLICATIONS FOR PLANNING AND TRANSPORTATION COMMITTEE 30thJuly 2007

Page Application No. Applicant DevelopmentlLocus Recommendation No. 16 C/07/00083/FUL William McAllister Formation of Extension to Grant Caravan Storage Area at Whinrigg Farm, Stirling Road, Airdrie

2 1 C/07/00404/0UT Fusion Assets Development of 6689 sq. Grant (P) metre Class 4 Business Space with Infrastructure and Landscaping at the former Luggie Glen Sewage Works, Glasgow Road, Coatbridge

28 C/07/00476/0UT Fosseway Residential Development (in Grant (P) Corporation Outline) at Rawyards House Nursing Home, Motherwell Street, Airdrie

36 C/07/00643/FUL Envirotyre Ltd Change of Use of General Grant Industrial Area to Waste Transfer Station for Storage and Processing of Car Waste at Shanks, Glasgow and Edinburgh Road

42 C/07/00878/FUL Mr A. Mclntyre Single Storey Rear Grant Extension and Installation of Dormer Window at 78 Alexander Street, Airdrie

47 C/07/00963/0UT Mr & Mrs Byrne Construction of Refuse (P) Dwellinghouse Wester Glentore Farm Hulks Road Greengairs

52 S/05/01738/FUL Terrace Hill Homes Erection of 168 Grant Limited Dwellinghouses and Associated Roads and Request for Site Footpaths Visit and Hearing Land to the North of Torbothie Road, Shotts

63 S/06/01872/FUL Keel Contractors Ltd Construction of Mixed Use Grant Development Comprising 12 IndustriaVBusiness Units, 3 Office Buildings, Formation of New Access & Ancillary Parking & Landscaping Keel Contractors Ltd, Goil Avenue, Righead Ind Est, Bellshill 72 S/07/0022O/FUL Mr C Hilditch Formation of Beer Garden to Grant the Rear of Public House 28 West Main Street, Harthill

77 S/07/00324/FUL BP Oil UK Ltd Re-development of Petrol Grant Filling Station to Alter the Layout and Form New Shop Cafe, Underground Tanks, Car Wash, Jet Washbay, Canopy and Ancillary Parking Former Viewpark Filling Station, 783 Old Edinburgh Road, Uddingston

84 S/07/0069O/FUL Scottish Veterans Erection of 4 Flatted Grant Garden City Dwellings Association Land Adjacent to Anderson Street, Motherwell

93 S/07/00742/FUL Rosemount Scotland Formation of Public House Refuse LLP Pavement Seating Area Rascals, 20 Caledonian Road, Wis haw

98 S/07/00996/FUL W McCluskey Erection of Dwellinghouse Grant and Garage Land Adjacent To 236 Jerviston Street, New Stevenston

106 S/07/01005/FUL Mrs Sabar Erection of Two Storey Grant Extension to Side of Dwellinghouse and Integral Garage Conversion 38 Atlin Drive, New Stevenston

C/07/00404/OUT If approved, refer to Scottish Ministers (Local Authority Interest) C/07/00476/0UT If approved, section 69 required (Contribution to Conservation of Natural Habitats) C/07/00963/OUT If approved, Section 75 required (Agricultural Occupancy) Application No:

Date Registered: 25th April 2007

Applicant: William McAllister Whinrigg Farm Stirling Road Airdrie North Lanarkshire ML6 7SS

Development: Formation of Extension to Caravan Storage Area and New Access

Location: Whinrigg Farm Stirling Road Airdrie North Lanarkshire ML6 7SS

Ward: 7 Airdrie North Councillors Cameron, Coyle, McGuigan & Morgan

Grid Reference: 276445670700

File Reference: CYPLlRGSl728501 /I JIEL

Site History: 0 05/00073/FUL Change of Use to Caravan Storage Area (In Retrospect) Granted 24'h April 2005 0 95/389/COU Use of land for Storage of 44 Touring Caravans Granted gthNov. 1995

Development Plan: Glasgow and Clyde Valley Structure Plan 2000 Monklands District Local Plan 1991, Including Finalised First Alterations A, 8 & C September 1996

Contrary to Development Plan: No

Co nsuI ta tions :

Representations: I letter of representation received.

Newspaper Advertisement: Advertised on the 1Ith April 2007

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 N Whinrigg Farm, Stirling Road, Airdrie a Representation * tliot to scale Site Area 1.31 HA 2 That before any further works start on site and within 2 months of the date of this permission, whichever is the earlier, a tree and shrub planting scheme incorporating details of the location, number, variety and size of trees and shrubs to be planted shall be submitted for the areas hatched green on the attached plan.

Reason: In the interests of amenity.

3. That the scheme approved under the terms of Condition 2 above, shall be implemented by December 2007 and any tree or shrub which is removed, damaged, or becomes diseased within two years of planting, shall be replaced within the following year with others of a similar size and species.

Reason: In the interests of amenity.

4. That the proposed caravan parking area shall be used for the storage of unoccupied touring caravans only and for no other use without the prior written approval of the Planning Authority.

Reason: To define the use of the land

5. That before any further works start on site, and within 2 months of the date of this permission whichever is the earlier, details of the design, location and construction of an improved access onto Stirling Road at the same approximate position as the existing access shall be submitted to, and approved in writing by the Planning Authority and this shall include improved visibility splays of 2.5 metres by 160 metres to the left or as otherwise agreed in writing.

Reason: To ensure the provision of acceptable vehicular access into the site.

6. That, for the avoidance of doubt the proposed new vehicular point of access shown on the approved plans does not form part of this permission.

Reason: To define the permission.

Background Papers:

Application form and plans received 17th January 2007

Memo from Transportation Section received 28’ June 2007

Letter from G Gillougley, Breckenridge House , Stirling Road, Riggend , Airdrie, ML6 7SS received 4th June 2007.

Glasgow and Clyde Valley Structure Plan 2000 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: 20 July 2007 APPLICATION NO. C1071000831FUL

REPORT

1. Description of Site and Proposal

1.1 The application site measures 1.31 hectares and comprises of a large area of flat overgrown land which previously formed part of the former Whinrigg Farm, Stirling Road, Riggend. The site is located within a predominantly rural area and is bounded to the west by the A73 Dual Carriageway, to the east by the 68033 Stirling Road, to the north by a dog kennelling business and to the south by an existing caravan storage area from which this current proposal will extend.

1.2 The proposal seeks to extend the permitted part use of the former farm yard as a caravan storage area by utilising an additional area to the north to allow the open storage of an increased number of caravans. The existing caravan storage area currently allows for the storage of approximately 152 caravans while the indicative number of caravans to be stored within this enlarged area will be 165 caravans although this may vary at times. The proposal includes the formation of an additional new vehicular access to the north of the existing access at the site frontage on Stirling Road and the planting of new trees along that same frontage. Some initial site preparatory works had been initiated by the applicant, including surface clearance and temporary site access, although all works have now ceased following the intervention of this department.

2. Development Plan

2.1 The site is covered by Policies GBl(Restrict Development in Green Belt) and LIl/l(High Quality Landscape) in the Monklands District Local Plan 1991. The proposal raises no strategic issues.

3. Consultations and Retwesentations

3.1 Following the standard neighbour notification and public advertisement one letter of objection was received. The main points of this objection are as follows:

0 the applicant has failed to comply with the terms of the current planning permission for the existing caravan storage area and no screening of the site has been carried out as previously required. 0 the applicant has been storing boats, cars, motor homes etc. on the existing storage area. 0 every weekend caravans entering and leaving the site cause traffic conjestion by being parked on the public road where there is a history of accidents. 0 .this application will double the amount of caravans being stored in the area and is a blight on the area and an inconvenience to local residents.

3.2 The Transportation Section objected to the proposal on the grounds that the proposed new access cannot achieve the required visibility splays and the existing access has a sub-standard visibility splay to the left. The Pollution Control Section has offered no objection to the proposal.

4. Planning Assessment and Conclusions

4.1 Applications require to be assessed against the provisions of the Development Plan including any Design Guidance provided and any other matters that are considered relevant and material. 4.2 The application site is located within a Policy GBI (Green Belt) area which states that no development will be permitted except for; new houses for full time workers in agriculture or forestry; non residential developments in connection with agriculture or forestry and uses requiring a rural location. However, the storage of touring caravans is considered to be an acceptable means of diversification of rural based operations and is seen as acceptable within the Green Belt. This form of use is seen as difficult to locate within the urban areas and there are currently other examples of caravan storage area in Green Belt locations. Taken also that the lands directly adjacent to (and south of) the application site currently operates as a caravan storage area, as a result of planning permissions 95389 and C/05/00073/FUL, then the current submission, which is an intensification of that existing adjacent use, is therefore acceptable in policy terms.

4.3 Having regard to the points of objection raised I would offer the following comments.

Matters relating to lands outwith the current planning application are not deemed relevant to the consideration of this current application. Appropriate conditions would be attached to any planning application recommended for grant in respect of limited usage and not compliance with those restriction could result in appropriate action being taken by the Council. 0 Asabove. 0 The Transportation Section has highlighted concerns over both the proposed and existing site access arrangements. Taken that neither of these arrangements will satisfy the Transportation Section in terms of serving an enlarged site then any planning application granted for this further extension will require the applicant to implement agreed improvements to the existing access in terms of visibility splays at the site access. An appropriate condition attached to any planning consent requiring improvements to the existing access which will serve both the existing and proposed extended caravan storage area will have significant benefits in terms of road safety on Stirling Road around the access to the application site. The current proposal would almost double the size of the existing caravan storage area although should this current submission be granted then the physical constraints of the adjoining lands will limit any further extensions. The introduction of appropriate screening/tree planting around the site, as would be required as part of any planning permission granted, will soften any visual impact of the development on the surrounding environments and the rural siting of the site will impact on few local residents.

4.4 Having regard to the foregoing I consider the proposal to be acceptable in policy terms and subject to the provision of acceptable improved vehicular access and screen planting at the frontage of the site onto the B8039 then I would offer no objection to the proposal. I therefore recommend that planning permission be granted subject to conditions. Application No: C/07/00404/OUT

Date Registered: 13th March 2007

Applicant: Fusion Assets Clo Agent

Agent Jones Lang Lasalle 150 St Vincent Street Glasgow G2 5ND

Development: Development of 668,.n2 (72000 sq ft) of Clas 4 Business Space with Infrastructure and Landscaping

Location: Former Luggie Glen Sewage Works Glasgow Road Coat bridge North Lanarkshire

Ward: 009 Coatbridge West Councillors Maginnis, Smith & Welsh

Grid Reference: 271233664415

File Reference: C/PUBAG750000/1J/EL

Site History: 04/01946/NID Construction of Three Office Units, (Class IV: Business) Including Formation of New Vehicular Access and Landscaping Works Granted 3rd February 2005

Development Plan: Glasgow and Clyde Valley Structure Plan 2000 - Strategic Policy 1 Monklands District Local Plan 1991, Including Finalised First Alterations A, B & C September 1996 - Policies GB 1 & ECON 7/4

Contrary to Development Plan: Yes

Consultations: Scottish Natural Heritage (Comments) Scottish Environment Protection Agency (No objections) Scottish Water (No objections) British Gas (No objections) Scottish Power (No objections)

Representations: No letters of representation received.

Newspaper Advertisement: Advertised on 28'h March 2007 ’/

Former Luggie Glen Sewage Works, A Glasgow Road, Coatbridge Site Area 1 70HA NO^ to Scale Recommendation: Approve Subject to the Following Conditions:-

That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site: (c) the layout of the site, including all roads, footways, and parking areas; (d) the details of, and timetable for, the hard and soft landscaping of the site; (e) details for management and maintenance of the areas identified in (d) above: (9 the design and location of all boundary walls and fences; (9) the provision for loading and unloading of all goods vehicles: (h) the phasing of the development; (i) the provision of drainage works: (j) the disposal of sewage; (k) details of existing trees, shrubs and hedgerows to be retained; (I) details of existing and proposed site levels.

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

That within 3 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

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.

That the permission hereby granted shall restrict the use of the buildings to a use included within Class 4 (Business) of the Town & Country Planning (Use Classes) (Scotland) Order 1997.

Reason: To define the position.

That prior to any works of any description being commenced on site, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to and approved in writing by the Planning 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 Environmental Protection Agency‘s (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 unless it can be demonstrated that a higher discharge is necessary to protect or improve the aquatic habitat. SUDS shall still be provided even where discharges are proposed to public sewrs notwithstanding any conditions imposed by Scottish Water.

Reason: To safeguard the amenity of the area and to ensure that the proposed drainage system complies with the latest SEPA guidance. 6. That the SUDS compliant surface water drainage scheme approved in terms of condition (4) above shall be implemented contemporaneously with the development in so far as is reasonably practical. Following the construction of the SUDS, a certificate (signed by a responsible Civil Engineer) 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 and in the interests of the amenity and wellbeing of existing and future residents.

7. Notwithstanding the terms of Conditions 4 & 5 above, a Flood Risk Assessment shall be submitted to the Planning Authority prior to any works of any description being commenced on the application site, unless otherwise agreed in writing with the said Authority. For the avoidance of doubt, the Flood Risk Assessment must take account of Scottish Planning Policy 7 (SPP 7):Planning & Flooding and Planning Advice Note 69 (PAN 69): Planning & Building Standards Advice on Flooding.

Reason: In order that the Planning Authority might be satisfied that the proposed development will not give rise to flooding within the application site and will not increase the flood risk elsewhere.

8. That any flood mitigation works identified in the Flood Risk Assessment approved in terms of Condition 6 above shall be implemented contemporaneously with the development in so far as is reasonably practical. Following the construction of all 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: To ensure that the development site and adjacent land and property will not be subjected to unacceptable flooding in the interests of public safety and amenity.

Note to Committee:

If granted this application will require to be referred to the Scottish Ministers inaccordance with the Town & Country Planning (Notification of Applications) (Scotland) Amendment Direction 2007. Background Papers:

Application form and plans received 13th March 2007

Letter from Scottish Natural Heritage received 29th March 2007 Letter from Scottish Environment Protection Agency received 11th May 2007 Letter from Scottish Water received 30th March 2007 Letter from British Gas received 3rd April 2007 Letter from Scottish Power received 26th March 2007

Memo from Transportation Section received 15th March 2007 Memo from Geotechnical Team Leader received 24th April 2007 Memo from Protective Services Section received 2nd April 2007 Memo from Environmental Service Section received 2nd April 2007

Glasgow and Clyde Valley Structure Plan 2000 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: 20 July 2007 APPLICATION NO. C/07/00404/OUT

REPORT

1. Description of Site and Proposal

1.I The application site measures 1.7 hectares, is currently vacant and is located on the south side of Glasgow Road between Coatbridge and Bargeddie. The site, which formerly accommodated the Luggie Glen Sewage Works, has substantially been remediated although a number of underground Sewerage Tanks are still present within the rear part of the site. Site access into the site is taken from a recently completed roundabout formed on Glasgow Road.

1.2 The proposal, being in outline, seeks permission for the creation of a new Business Park, addressed as “Drumpellier Business Park” comprising 6689 sq metres (72,000 sq.ft) of Class 4 business space with associated Infrastructure and Landscaping. An indicative master plan layout has been submitted to demonstrate how the site could be laid out although this does not form part of the formal submission. The proposed concept for development of this site will include the provision of flexible office pavilions with a specific focus on small to medium enterprises (SME) and the local occupier market. The individual units will offer space between139 - 1161sq metres (1500-12,500 sq,ft) and the park will be designed to offer an attractive landscaped environment.

1.3 This proposal is an amendment to a previous permission (C/04/01946/NID) granted in February 2005 for the Construction of Three Office Units (Class 4: Business) Including Formation of New Vehicular Access and Landscaping Works. That previous permission provided for 4,404 sq metres (47,000 sq.ft) of Class 4 business space. Partial implementation of that permission included remediation/clearance of the site, initial servicing and the formation of the vehicular access (roundabout).

2. Development Plan

2.1 The site is covered by policies GB1: Restrict Development in the Green Belt & ECON 7/4 :Office/Business/Light Industry (Luggieburn) in the Monklands District Local Plan 1991. There are no strategic issues raised.

3. Consultations and Representations

3.1 Following the standard neighbour notification and public advertisement procedures no representations were received against this proposal.

3.2 Scottish Power, British Gas, Scottish Water and SEPA offered no objection to the proposal.

3.3 Scottish Natural Heritage required an assessment of any impact of the development on protected species. Through direct communication between the applicant and SNH a suitable habitat survey was carried out to confirm that there were no protected species within or directly adjacent to the site.

3.4 The Transportation Section required the submission of an updated Transport Assessment taken the proposed increased development opportunity within the application site. The submission of this updated Assessment demonstrated that the existing access arrangements (roundabout) into the site would be satisfactory to serve any proposed increase in site usage. 3.5 The Pollution Control Section offered no objection to the proposal. The Environmental Services Department also requested a suitable habitat survey and made recommendations of landscaping of the site. The Geotechnical Section has advised of no records of flooding in the vicinity although a Flood Risk Assessment should be submitted.

4. Planninn Assessment and Conclusions

4.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 provides that in making any determination under the Planning Act, regard has to be had to the development plan. In particular, the determination shall be made in accordance with the plan unless material considerations indicate otherwise. In this instance, the development is not held to be a departure of strategic importance as the site encroaches to such a marginal extent outwith the site zoning for business use, therefore the Structure Plan is not relevant in the assessment of this planning application.

4.2 In terms of the Monklands District Local Plan 1991 the main part of the site is located within an area covered by policy ECON 7/4: OfficeslBusiness Use/Light Industry (Luggieburn) where planning permission C/04/01946/NID was granted in February 2005 for the Construction of 3 Office (Class 4: Business) Units including the formation of New Vehicular Access and Landscaping Works. The current submission seeks to increase the boundaries of that previous permission by incorporating a small additional area of overgrown land to the rear of the site which currently contains redundant sewerage tanks that were previously linked to the main part of the site which operated as a Sewerage Works, That additional area is located within Local Plan policy area GB 1 which normally presumes against development unless where associated with accepted agricultural uses. However, taken that the majority of the site is both designated, and has received planning permission for Class 4 Business Uses then the inclusion of this additional small area of contaminated ground (including sewage tanks) is a logical extension to the area identified for Class 4 Business Use.

4.3 The infrastructure associated with the proposed Business Park i.e. site remediation, access road, services etc. have already been put in place as a result of the part implementation of the previous planning permission (C/04/01946/NlD). The proposed increase in the development site, from 4,404 sq.m to 6,689 sq.m gross floorspace is seen as necessary to make the most efficient use of the site by maximise floorspace and making the site more marketable. The Transportation Section is satisfied that the proposed increase in Class 4 floorspace within the development site can be served from recently constructed roundabout on Coatbridge Road.

4.4 Fusion Assets Ltd, the applicant, has been formed between Scottish Enterprise Lanarkshire and North Lanarkshire Council as a private vehicle to secure regeneration throughout North Lanarkshire. Drumpellier Business Park was previously identified in the Council’s Vacant & Derelict Land programme and offers an important opportunity to secure economic development within an area which exhibits market failure and poor supply.

4.5 No objections have been received in respect of this application and therefore I recommend that permission be granted subject to the stated conditions. Should the Committee decide to grant outline planning permission, it will be necessary to notify the Scottish Ministers due to the inclusion of a small area of Greenbelt zoned land within the development site and the Council’s interest in the site. Application No: C/07/00476/OUT

Date Registered: 20th March 2007

Applicant: Fosseway Corporation Clo Parliament Corporate Services Ltd 311a Parliament Lane P 0 Box 452 Gibraltar

Agent Artemis Architects Limited 9-1 1 Braeview Place East Kilbride G74 3XH

Development: Residential Development (In Outline)

Location: Rawyards House Nursing Home Motherwell Street Airdrie North Lanarkshire ML6 7HP

Ward: 007 Airdrie North Councillors Cameron, Coyle, McGuigan & Morgan

Grid Reference: 277269666325

File Reference: C/PL/AIM750000/1J/EL

Site History: 91 596 Erection of 7 dwellinghouses Refused March 1992 (Appeal dismissed) 05/01891/FUL Erection of 124 Bed Care Home, 34 Retirement Flats, 30 Flats Granted July 2006 06/01230/OUT Erection of 7 Dwellinghouses (In Outline) Refused November 2006

Development Plan: Glasgow and Clyde Valley Structure Plan 2000 Monklands District Local Plan 1991, Including Finalised First Alterations A, B & C September 1996

Contrary to Development Plan: No

Consultations:

Representations: None.

Newspaper Advertisement: Not Required Planning Application No. C/07/00476/OUT

Erection of 6 Dwellinghouses (Outline) N Rawyards House Nursing Home, Mothetwell Street, Airdrie A +$!s Not lo Scele :" Site Area 1.20 HA Recommendation: Approve Subject to the Following Conditions:-

That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the provision of public open space; (e) the details of, and timetable for, the hard and soft landscaping of the site; (f) details for management and maintenance of the areas identified in (d),(e) and (f) above; (9) the design and location of all boundary walls and fences; (h) the provision of drainage works; (i) the disposal of sewage; (j) details of existing trees, shrubs and hedgerows to be retained; (k) details of existing and proposed site levels.

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

2. That within 3 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

3. 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

4. That the permission hereby granted relates to an unspecified number of individual plots and notwithstanding the requirements of condition 2 above, a further planning application shall be submitted to the Planning Authority detailing the setting out of the site and no work shall start on site until these details have been approved in writing.

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

5 That the dimensions of each and every plot within the site shall accord with the standards set down within the Council’s Developer’s Guide to Open Space: Minimum Space Standards : Space around dwellings.

Reason: To ensure sufficient space standards within each plot.

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

Reason: To ensure the site is free of contamination. 7 That on completion of any remedial works identified by the site investigation required in terms of Condition 6, a certificate (signed by an Environmental Engineer) shall be submitted to the Planning Authority confirming that any such remediation works have been carried out in accordance with the submitted details.

Reason: To ensure the site is free of contamination

8. That before any development starts, full details of the location and design of the drainage scheme to be installed shall be submitted to the Planning Authority for written approval, and these shall include full details of the location and design of the surface water drainage scheme, and for the avoidance of doubt the scheme shall comply with the Scottish Environment Protection Agency's principals of Sustainable Urban Drainage Systems (SUDS).

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

9. That before the development starts, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water, have been fully met in respect of providing the necessary site drainage infrastructure to serve the development.

Reason: To ensure the provision of satisfactory site drainage arrangements

110. Notwithstanding the requirements of condition 1 above, before any development starts on site, a woodland management and maintenance scheme, covering the application site 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 existing trees, shrubs and hedges, including details of the timing and phasing of all such works, and (b) details of the location, number, variety and size of trees and shrubs to be planted and the phasing of such works. (c) Details of the location, number, variety and size of trees to be removed and the phasing of such works.

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

11. That before occupation of the development the woodland management and maintenance scheme, approved under the terms of condition 10 above, shall be in operation.

Reason:ln the interests of the amenity of the area.

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

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

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

Reason: To define the permission

14. That all driveways shall be 5 metres wide by 6 metres long (minimum) and be fully paved over at least the first 2 metres.

Reason: To ensure the provision of adequate parking facilities within the site. 15. That the development shall be served by a 5.5 metre wide carriageway with continuous 2 metre wide footways on each side.

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

16. That an adoptable road shall be constructed to serve each of the proposed dwellings, terminating with a turning facility, the adoptable road being traffic calmed by means of speed humps, placed at not more than 60 metre spacing.

Reason: To ensure the provision of satisfactory vehicular access facilities

Note to Committee:

If the Committee are minded to grant planning permission the decision notice will not be issued until a Section 69 Agreement is signed between the Council and the developer with regard to the agreed financial contribution for the conservation of natural habitats in the Airdrie area.

Background Papers:

Application form and plans received 20th March 2007

Glasgow and Clyde Valley Structure Plan 2000 Monklands District Local Plan 1991, Including Finalised First Alterations A, B & C September 1996

Memo from Transportation Section received 1O'h April 2007 Memo from Pollution Control Section received 4'h April 2007

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

Date: 20 July 2007 APPLICATION NO. C10710047610UT

REPORT

1. Description of Site and Proposal

1.I The application site measures 1.2 hectares, is located at the north eastern part of Airdrie and forms part of the large garden of the house named Rawyards which was converted to a Nursing Home several years ago. The site is accessed from Motherwell Street and is made up of an area of dense mature tree planting that is covered by a Tree Preservation Order. The site is bounded to the north by the existing Rawyards Nursing Home and the former Boots Factory site, to the south by a small residential estate, to the west by Motherwell Street and to the east by mature trees and overgrown land contained within the grounds of Rawyards House.

1.2 The proposal is for the erection of residential development within the application site. Being in outline no details have been submitted in respect of potential house types, etc. as these matters would be considered at a subsequent “reserved matters” stage should this present submission be considered favourably. The applicant has submitted an indicative site layout plan showing potential positions for 6 residential units within the site although this is only for information and does not form part of the current proposal. The known factors are that access to the site would be taken from an existing road on the northern boundary of the site that currently serves Rawyards House and that a number of existing trees would require to be removed to allow development to proceed.

2. Development Plan

2.1 The site is covered by policy HG9: Housing Policy for Existing Residential Areas. The site is also covered by a Tree Preservation Order (No. 15 - Rawyards) and therefore Policy FOR3. There are no strategic implications.

3. Consultations and Representations

3.1 The Transportation Section has offered no objection to the proposal subject to conditions.

3.2 The Land Services of Environmental Services Dept. (Ecologist) requested the submission of a habitat survey to determine the potential impact of any development on existing Bat Roosts within or adjacent to the predominantly wooded application site. Following the submission of the required survey details, which confirmed the necessary destruction of 2 Bat Roosts, and the submission of proposed mitigation arrangements to compensate for the loss of those Bat Roosts, the Environmental Services Dept. has offered no objections to the proposals. A licence from the Scottish Executive will be required for the destruction of any bat roosts. A tree survey submitted by the developer has fully been assessed by the Council’s Arboriculturalist and no objection in principle to the proposed level of tree removal to accommodate development has been received. It has been recommended that to compensate for the anticipated tree loss within an area covered by a Tree Preservation Order then the applicant make a commuted sum to the Council for conservation of natural habitats in the Airdrie area.

3.3 No representations were received following the statutory neighbour notification procedures. 4. Planninn Assessment and Conclusions

4.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 provides that in making any determination under the Planning Act, regard has to be had to the development plan. In particular, the determination shall be made in accordance with the plan unless material considerations indicate otherwise. In this instance, the development is not held to be of strategic significance, therefore the Structure Plan is not relevant in the assessment of this planning application.

4.2 In terms of the Monklands District Local Plan 1991 the application site is located within an area designated for residential purposes (Policy HG 9) and is located adjacent to both an extended nursing home (Rawyards House) and the site of the former Boots Factory which is earmarked for major residential redevelopment. In addition, as a result of a recent planning consent (C/05/01891/FUL) the lands immediately to the east of the application site are earmarked for a Care Unit and a flatted development. The current proposal could therefore be viewed as compatible with the main Local Plan zoning HG9.

4.3 In terms of material considerations, the application site is covered by a Tree Preservation Order (No.15) which protects the existing dense tree cover. In discussion with the Land Services the applicant carried out a comprehensive tree survey of the application site and has confirmed the poor condition of the woodland as a result of the lack of maintenance over a number of years. In addition, a habitat survey was carried out under the supervision of Land Services (Ecology Section) and it has been established that while there was no evidence of badgers etc. on site there is a presence of bats within the wooded area. The habitat survey, together with appropriate mitigation measures required to offset the necessary relocation of 2 bat roosts have been approved in principle by the Land Services. The applicant is also fully aware that a licence from the Scottish Executive is required for the destruction of any bat roosts and any planning consent issued would highlight this requirement as an advisory note to the applicant.

4.4 The Council has, through the previous granting of planning permissions in recent years for two major extensions to the Nursing Home (including three staff dwellings ) sought to accommodate the expansion requirements of the Nursing Home. In addition, through the granting of planning permission C/05/01891/FUL the land around the Nursing Home will be comprehensively developed to accommodate a 124 Bed Care Unit, 34 Retirement Flats and 30 Residual Care Flats. Several years ago two separate planning applications for residential development within the current planning application site (91596 - 7 dwellings & 93022 - 4 dwellings) were refused primarily on the grounds of potential tree loss and resultant effect on the appearance of the area and the setting of Rawyards House. In dismissing two previous planning appeals the Reporter agreed with the Council that the trees on the site made a significant contribution to the appearance of the area, were important to visual amenity locally and to the setting of the Listed Building and were worthy of protection. A more recent planning application (C/06/0123010UT - 7 dwellings) was also refused although lack of any detailed information on potential tree loss made it impossible to determine the impact of that proposal on the existing wooded area.

4.5 The comprehensive tree survey of the wooded area carried out by the applicant has been fully assessed by the Arbiculturalist from Land Services who has confirmed that years of non-action has resulted in the presence of a number of dead and damaged trees within the wooded area. The applicant proposes to retain the mature tree cover along the main Motherwell Street frontage and remove in the region of 12 deadldamaged trees which constitutes approximately a sixth of the existing established trees within the site. However, taken that no firm proposals have been submitted in respect of house positioning within the site then it is not possible to determine at this stage the precise extent of tree removal within the site and any subsequent mitigation proposals such as tree replacement. These matters would require to be considered in greater detail at any subsequent “reserved matters” stage should this present application be considered favourably. 4.6 The protection of the wooded area within the grounds of Rawyards Nursing Home has been recognised through a Tree Preservation Order which primarily sought to reinforce both the visual importance of the tree cover along Motherwell Street and also the importance of the trees around the setting of the Listed Building i.e. Rawyards Nursing Home. Since the establishment of the TPO substantial alterations have been carried out to the Listed Building and a recent planning permission (C/07/01891/FUL) has been granted for major development within the grounds of the Nursing Home i.e. 124 Bed Care Home, Retirement Flats and Main Stream Flats. Taken together the intensification of development within the Rawyards site has resulted in the wooded area fronting onto Motherwell Street (current application site) becoming physically detached from the now extended Listed Building in terms of any contribution towards its setting. Taken also that this proposal would seek to retain and protect the existing substantial tree line along the Motherwell Street frontage and the retained trees within the wooded area would be the subject of a formalised maintenance regime through any development scheme then there are merits in considering this proposal favourably.

4.7 At this outline stage it is not possible to determine the precise effect of any development on the existing trees without the submission of detailed development proposals i.e. house numbers, positioning etc. The comprehensive tree survey already available, together with the habitat survey and proposed mitigation scheme will allow any subsequent "reserved matters" application to establish the permissible level of development and extent of tree removal/replacement etc.

4.8 No objections were received against this proposal and therefore I recommend that permission be granted subject to conditions. Should members be minded to grant this application then no decision notice will be issued until a Section 69 Agreement has been concluded in respect of the applicant making payment of a commuted sum for the conservation of natural habitats in the Airdrie area. Application No: C/07/00643/FUL

Date Registered: 1st June 2007

Applicant: Envirotyre Ltd A8 Edinburgh Road Carnbroe Coatbridge ML5 4UG

Development: Change of Use of General Industrial Area to Waste Transfer Station for Storage and Processing of Car Waste (In Retrospect)

Location: Shanks (former depot) Glasgow And Edinburgh Road North Lanarkshire ML5 4UG

Ward: 10 Coatbridge South Councillors Brooks, Ferrie & Higgins

Grid Reference: 274427 662548

File Reference: C/PUCTG435/CMl/LR

Site History: 02/00963/FUL Formation of New Access to A8 Trunk Road - Granted 22/08/02

Development Plan: Monklands District Local Plan 1991, Including Finalised First Alterations A, B & C September 1996

Contrary to Development Plan: No

Consultations: Transport Scotland (No Objections) Scottish Natural Heritage (No Objections) Scottish Environment Protection Agency (No Objections) Scottish Water (No Objections) Fire Safety Officer (No Objections) Railtrack Scotland (No Objections)

Representations: None.

Newspaper Advertisement: Advertised on 13th June 2007 Planning Application No ClO71006431FUL

Change of Use of General Industrial Area to Waste Transfer Station for Storageand Processing of Car Waste

Glasgow & Edinburgh Road Carnbroe Not to Senle Recommendation: Approve Subject to the Following Conditions:-

1. That the permission hereby granted relates to a change of use only and, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no buildings or structures shall be erected on site.

Reason: To define the permission.

2. That there shall be no burning of material on the application site

Reason: In the interests of amenity.

3. That the opening hours for the development hereby permitted are as follows:

Monday to Friday 07.00 to 18.00 Saturday 07.00 to 15.30 Sunday and Public Holidays 08.00 to 18.00

Reason: In the interests of amenity of the nearby residents.

4. The operating hours for the shredding machine as shown in blue on approved plan PLO1 are as follows:

Monday to Friday 08.00 to 18.00 Saturday 08.00 to 15.30 Sunday 08.00 to 18.00

Reason: In the interests of amenity of the nearby residents.

5. The applicant must confirm in writing to the Planning Authority, within two months of the date of this permission, that the surface water is to 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 prevent groundwater and surface water contamination in the interests of environmental and amenity protection.

6. That the SUDS compliant surface water drainage scheme approved in terms of Condition 5 above shall be implemented contemporaneously with the development in so far as is reasonably practical. Following the construction of the SUDS, a certificate (signed by a responsible Civil Engineer) 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

7. That before the CCTV equipment hereby permitted starts, full details of all the columns, brackets and associated equipment to be used, shall be submitted to, and approved in writing by the Planning Authority.

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

Application form and plans received 3rd April 2007

Letter from Fire Safety Officer received 27th June 2007 Letter from SEPA received 2ndJune 2007 Letter from Transport Scotland received 18 July 2007 Letter from Scottish Water received lgthJune 2007 Letter from Railtrack Scotland received 16'h July 2007

Memo from Geotechnical Team Leader received 28th June 2007 Memo from Protective Services received 28'h June 2007 Memo from Landscape Services received 2gthJune 2007 Memo from Transportation Section received 13'h July 2007 Monklands District Local Plan 1991, Including Finalised First Alterations A, B & C September 1996

Any person wishing to inspect these documents should contact Miss Charmaine Mills at 01236 812381

Date: 20 July 2007 APPLICATION NO. C1071006431FUL

REPORT

1. Description of Site and Proposal

1.1 Planning permission is being sought retrospectively for a change of use of general industrial area to a waste transfer station for storage and processing of car waste. The application site is to the north of the former Shanks and McEwan office/depot complex on the A8 Glasgow to Edinburgh Road, Coatbridge.

1.2 The site is bounded by a railway line along the eastern boundary with a forest area to the north. There are existing derelict buildings to the south of the site facing onto the A8 with a grassed area to the west. Access to the site is taken from the existing access from the A8 which has been recently upgraded. There is an existing workshop and office on the site at present. The tyre storage area will be approximately 1500 square metres with a maximum height of 3 metres. The shredded rubber will be kept in storage bins north of the site within an area of approximately 1500 square metres. The applicant is also proposing to erect palisade fencing 2.4 metres in height on the boundary on the site and for added security are proposing to install CCTV cameras.

1.3 Envirotyre collect scrap tyres from all over Scotland (maximum capacity on site of 7000 tonne) and shred the tyres which is then supplied to companies as an alternative fuel to coal. The tyres are shredded into 50mm which is the required specification to enable it to be used as an alternative fuel. The tyres not suitable for shredding or suitable to remain in solid form will be moved to the storage area until they can be transported to another destination. There is an existing weighbridge on site which enables Envirotyre to control and track the quantity of material they have on site and track the quantity of material entering and leaving the site. The shredding machine is fully mobile, however if approved when situated on site will be placed and fixed in the position shown on approved plans.

1.4 Operational hours of the business are Monday to Friday 6am to 8pm, Saturday 6am to 6pm and Sunday 8am to 6pm and the operation of the machine will be from 8am to 6pm.However the applicant has highlighted that no activity will take place on site on a Sunday unless absolutely necessary.

2. Development Plan

2.1 The proposal raises no strategic issues in terms of the Glasgow and Clyde Valley Joint Structure Plan 2000 and can therefore be assessed in terms of Local Plan policies. 2.2 The application site is located within an area designated as Econ 2 (Existing General Industrial Areas) and Econ 5 (Rehabilitation of Industrial Sites) in the Adopted Monklands District Local Plan 1991.

3. Consultations and Representations

3.1 The Protective Services Section has advised that due to the close proximity to residential housing that a noise assessment be carried out.

3.2 Geotechnical Department and Landscape Services have no objections.

3.3 Transport Scotland have no objection to the proposal.

3.4 The Fire Service have no objections subject to access and water supplies conforming to the Scottish Building Standards, non domestic handbook sections 2.12 and 2.13. 3.5 SEPA have no objections to the proposal in principle and the works require a Waste Management License.

3.6 Scottish Water was consulted and has no objection to the planning application.

3.7 Railtrack have no objections.

4. Planning Assessment and Conclusions

4.1 The application raises no strategic issues and can therefore be assessed in terms of the local plan policies. The proposals require to be assessed under the terms of the development plan and any other relevant material considerations. In this instance the proposals require to be assessed under policies Econ 2 and Econ 5 as zoned in the Monklands District Local Plan 1991.

4.2 The majority of the site is zoned as Econ 2 (Existing General Industrial Areas) apart from a small triangular area to the north of the site which is zoned as Econ 5 (Rehabilitation of Industrial Sites) in the Monklands District Local Plan 1991. Policy Econ 2 states the Council will support the retention of the industrial character of the area and policy Econ 5 aims to seek environmental improvement to make these areas suitable for industrial use. Shanks and McEwan had various permissions on the site over a number of years for general industrial uses and as such the site has been established on this basis. Envirotyre have been using the site for approximately one year. Although during this time they have been storing the tyres and no shredding has taken place. The applicant did not realise that planning permission was required for such works due to the general industrial use of the area as established by Shanks and McEwan. In policy terms taking into consideration that the viability of the business has now been established for approximately one year and given the history of the site it is considered the proposed use is acceptable.

4.3 The existing portacabins on site are to being used as the office and workshop and there is no further development proposed as part of this proposal. The shredding machine will be brought to the north of the site and any visual impact will be minimal from the A8. In addition to this the maximimum height for any tyres stored on the yard will be 3 metres in height and due to the gradient of the land and the existing buildings and boundary treatment to the south of the site any visual impact from the A8 will be minimal. In addition to this the site cannot be seen from the residential properties north of the site due to the existing planting and considerable distance between them.

4.4 In terms of a noise assessment being carried out it is considered that due to the closest residential settlement (Carnbroe) being over 160 metres north of the site, the forest area creating a buffer and the planning history of the site and that Envirotyre has been established on this site for over a year without any objections from neighbouring residents this would be an unnecessary condition. In addition to this the operating hours of the shredding machine have been conditioned to protect the amenity of the nearby residents.

4.5 At present the approximate number of vehicles entering and leaving the site each day is 15 and this includes office staff. However once the shredding operation commences this will decrease the number of journeys to the site as vehicles transporting the tyres will be able to carry a greater volume once the tyres have been shredded. Transport Scotland have no objections to the proposal.

4.6 In conclusion, having regard to the above it is considered that the proposal is acceptable taking into account the existing use and the planning history of the site. It is therefore recommended that planning permission be granted subject to the conditions stated. Application No: C/07/00878/FUL

Date Registered: 22nd May 2007

Applicant: Mr A. Mclntyre 'N i aroo' 78 Alexander Street Airdrie

Agent HR Cartwright 39 Craigson Place Airdrie ML6 8PH

Development: Erection of Single Storey Rear Extension and Installation of Dormer Window

Location: 78 Alexander Street Airdrie North Lanarkshire ML6 OBD

Ward: 8 Airdrie Central Councillors Devine, Logue, & Stocks

Grid Reference: 275437 665255

File Reference: C/PL/AIA435000078/SMI/EL

Site History:

Development Plan: The application site is a semi detached property located in an area zoned as HG9 (Existing Residential Areas) in the Monklands District Local Plan 1991. The site also falls within the Victoria and Town Centre Conservation Area.

Contrary to Development Plan: No

Consultations: None

Representations: 1 letter of representation received.

Newspaper Advertisement: Advertised on 30th May 2007

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

Reason: To ensure that the extension matches the adjoining building thereby maintaining the visual quality of the area.

Background Papers:

Application form and plans received 22nd May 2007 Letter from G Sword, Thornfinn, 76 Alexander Street, Airdrie, ML6 OBD received 31st May 2007. Glasgow and Clyde Valley Structure Plan 2000 Monklands District Local Plan 1991, Including Finalised First Alterations A, B & C September 1996

Any person wishing to inspect these documents should contact Ms Susan Miller at 01236 812374.

Date: 20 July 2007 APPLICATION NO. C1071008781FUL

REPORT

I. Description of Site and Proposal

1.1 Planning permission is being sought for the installation of a dormer window, and erection of a single storey extension and conservatory to the rear of ‘Niaroo’ 78 Alexander Street, Airdrie.

I.2 The application site is a semi-detached bungalow of traditional design with painted walls and a slate pitched roof. The applicant proposes to install a dormer window on the east facing roof slope to the side of the dwellinghouse. The dormer is of traditional design with sloping pitched roof which follows the existing roofline.

1.3 The rear extension protrudes 1.75m from the rear elevation by 4.25m and has a hipped roof with a ridge height of 4.26 m. The rear conservatory measures 4m by 2.34m wide with a pitched roof and ridge height of 3.6m.

2. Development Plan

2.1 The application site is a semi detached property located in an area zoned as HG9 (Existing Residential Areas) in the Monklands District Local Plan 1991. The site also falls within the Victoria and Town Centre Conservation Area. There are no strategic implications.

3. Consultations and Representations

3.1 No consultations were required for this application.

3.2 Following standard neighbour notification procedures and press advertisement 1 letter of representation has been received. The letter of representation from neighbouring property Thorfinn, 76 Alexander Street, Airdrie outlines two points of objection which are outlined below:

(i) The proposed alterations will overshadow my own house. (ii) The alterations will destroy the original design integrity of the semi-detached construction of number 78.

4. Planning Assessment and Conclusions

4.1 In assessing this application the local plan policy HG9 (Existing Residential Areas) is relevant. This seeks to protect such areas by opposing development that adversely affects the amenity of the established housing. The associated Design Guidance on House Extensions is also relevant in this case. The site also falls within the Victoria and Town Centre Conservation Area.

4.2 The proposed dormer window is of traditional pitched design and follows the existing roof pitch. The dormer is not of such a size that it will dominate or overwhelm the character of the existing property. Dormer windows are generally not accepted on the side of properties, however, as adjoining property Hillend was recently granted planning permission (C/05/01960/FUL and C/06/00394/AMD) for a similar dormer which was a satisfactory design for the dwellinghouse it is considered acceptable in this case also as it will add balance to the roofline.

4.3 The extension and conservatory located at the rear will not be visible from Alexander Street. They are considered to be of an acceptable size and scale in relation to the existing dwellinghouse and will not detract from its character. The dwellinghouse will retain an adequate rear garden area and also benefits from a large front garden. 4.4 In relation to the two points of objection raised in the letter of representation the following comments are made:

(i) The extension and conservatory pass the sunlightldaylight test in relation to neighbouring property Thorfinn 76 Alexander Street and adjoining property Hillend. (ii) As noted above it is acknowledged that dormer windows located on the side of properties are not generally considered acceptable in terms of the design guidance. However, adjoining property Hillend was granted planning permission (C/05/01960/FUL)for the installation of a side dormer window on the 22"' December 2005. It is therefore considered that the proposed dormer window, which is of traditional size and design, will reflect the adjoining property and add balance to the roofline. The extensions to the rear have been assessed against the current Design Guidance on House Extensions and are not of a size, scale or design which will detract from the character of existing dwellinghouse.

4.5 In conclusion, due consideration has been given to the points raised by the objector at Thorfinn, 76 Alexander Street Airdrie, with regard to the proposed extensions and dormer window, nevertheless, no reason was found to uphold these objections. It is considered that the proposed extensions and dormer window will not have a significant adverse affect on the amenity, outlook or privacy of neighbouring properties and will not significantly impact on the character of existing dwellinghouse or on the surrounding conservation area. It is therefore recommended that planning permission be granted subject to the following conditions. Application No: C/07/00963/OUT

Date Registered: 5th June 2007

Applicant: Mr & Mrs Byrne Wester Glentore Farm Hulks Road Greengairs Airdrie ML6 7TU

Agent Harley & Murray Architects Unit 3, Block 1 Duckburn Park Dunblane FK15 OEW

Development: Construction of Dwellinghouse

Location: Wester Glentore Farm Hulks Road Greengairs North Lanarkshire ML6 7TU

Ward: 7 Airdrie North Councillors Cameron, Coyle, McGuigan and Morgan

Grid Reference: 278649672048

File Reference: C/PL/LRH84O/CMI/EL

Site History: U86025 - Restoration of vacant agricultural cottages at Wester Glentore Farm - Granted 04/03/1996. C/94558 - Use of vacant agricultural buildings and land as stables and riding area - Granted 12/06/1995 C/05/01884/OUT - Erection of Dwellinghouse - Refused 26/04/2006

Development Plan: The Glasgow and Clyde Valley Joint Structure Plan 2000 (as altered) Strategic Policy 1 of the Metropolitan Development Strategy applies.

The Adopted Monklands District Local Plan 1991 Policies GB2 (Restrict Development in Countryside Around Towns) and HG10 apply. Contrary to Development Plan: Yes

Consultations:

Representations: None.

Newspaper Advertisement: Advertised on 13th June 2007 Planning Application No. ClO71009631FUL N Construction of Dwellinghouse A 4- Wester Glentore Farm, Hulks Road, Greengairs Not to Scale Recommendation: Refuse for the Following Reasons:-

1. The proposed dwellinghouse is contrary to policy GB2 (Restrict Development in Countryside Around Towns) of the adopted Monklands District Local Plan 1991 and the Metropolitan Strategy of the Glasgow and the Clyde Valley Joint Structure Plan 2000 as the applicant has failed to demonstrate a locational need for a dwellinghouse to support an appropriate countryside use or a viable business use which requires a rural location.

2. The proposed dwellinghouse is contrary to the Design Guidance associated with policy HGIO (Residential development outwith Residential Areas) in that a satisfactory access to the site cannot be achieved as the required sightlines cannot be provided.

Note to Committee

If granted, this application must be notified to the Scottish Ministers in accordance with the Town and Country Planning (Notification of Applications) (Scotland) Direction 2007 as the proposed development constitutes a departure from the Development Plan

Background Papers:

Application form and plans received 5th June 2007

Memo from Transportation Section received 17'h July 2007.

Glasgow and Clyde Valley Structure Plan 2000 Monklands District Local Plan 1991, Including Finalised First Alterations A, B & C September 1996

Any person wishing to inspect these documents should contact Miss Charmaine Mills at 01236 812381.

Date: 20 July 2007 APPLICATION NO. C10710096310UT

REPORT

1. Description of Site and Proposal

1.1 This application seeks permission for the erection of a dwellinghouse on land to the south of Wester Glentore House, Wester Glentore Farm, Hulks Road. The application site is part of a field within Wester Glentore Farm which contains an agricultural shed constructed from breeze blocks and tin sheet roofing. This structure has no architectural merit and will be demolished as part of the proposal. The site itself is a 605 sq. metre section of undulating rural land with some evidence of current agricultural use.

1.2 Planning permission was previously refused by Committee on the 26” April 2006 for the erection of a dwellinghouse at land to the West of Wester Glentore House, Hulks Road, Greengairs (Reference C/05/01884/(OUT). The reasons for refusal were that insufficient justification was submitted to allow a dwellinghouse on the site and the development would be detrimental to road safety.

2. Development Plan

2.1 Whilst the proposal is not, in itself, of a scale to be of strategic importance it does however represent a contravention of the aims of the Glasgow and Clyde Valley Joint Structure Plan 2000, which seeks to control sporadic and isolated development in the wider countryside.

2.2 The application site is located within an area designated as GB2 (Restrict Development in the Countryside Around Towns) in the adopted Monklands District Local Plan 1991. The proposal is also assessed against policy HGIO (Residential Development Outwith Defined Residential Areas) and the associated design guidance on houses within the countryside.

3. Consultations and Representations

3.1 The Transportation Section has objected in the interests of maintaining road safety. Hulks Road and Loanhead Road, either of which could serve the proposed development are both unlit, de-restricted roads with no footways and are rural in nature. Any development at this location would lead to an increase in vehicle braking and turning manoeuvres to the detriment of road safety. In addition the Transportation Section have advised that the proposed site access could not achieve the required visibility splays of 2.5 metres x 60 metres in both directions due to the geometry of the road and in addition to this the applicant does not have control over the ground to improve the splays along Loanhead Road were access taken from that point.

3.2 Following neighbour notification and advertisement in the local press no objections were received.

4. Planning Assessment and Conclusions

4.1 Under the Town and Country Planning (Scotland) Act 1997 development proposals require to be considered under the terms of the development plan and any other material considerations. Policy GB2 in the Monklands District Local Plan 1991 states that isolated development shall not be permitted unless there is a specific locational need. There are no infrastructure implications. The applicant has advised the proposed dwellinghouse is for a family member and not in association with the existing business. In this instance the justification in terms of economic or environmental benefit is insufficient and the proposal is therefore contrary to local plan policy. 4.2 Policy HGIO requires that housing outwith residential areas be assessed against relevant design guidance, which includes consideration of new houses in the countryside. This guidance maintains that where no operational need exists rural locations may only be considered where there is an existing building capable of sympathetic adaption. The existing shed would not be inherently worth of retention and given its materials and size would not be capable of a sympathetic adaption of a dwellinghouse. In addition to this assessment of the application under policy HSGIO requires consideration of the site access. The Transportation Section has recommended refusal on road safety grounds as the proposed access could not provide the required visibility splay and would be taken from a de-restricted, unlit road with no footpaths resulting in an increase in braking and turning manoeuvres for traffic. Therefore the development is also contrary to local plan policy HSGIO in that the existing agricultural shed is not capable of adaption and that such a proposal would be detrimental to road safety.

4.3 In conclusion it is considered that the development is contrary to the terms of the development plan and that there are no material considerations that would merit departing from those polices, therefore, it is recommended that permission be refused for the reasons outlined above. Should the committee be minded to grant the proposals the application should be referred to the Scottish Ministers for consideration in view of the precedent that may be set which could lead to an unacceptable cumulative impact of unjustified development in the countryside. Application No: S/05/01738/FUL

Date Registered: 17th October 2005

Applicant: Terrace Hill Homes Limited 9-1 1 Academy Street AY r KA7 IHS

Agent Drew Deans Design 11 Dryburgh Walk Moodiesburn G69 OHH

Development: Erection of 168 Dwellinghouses and Associated Roads and Landscaping

Location: Land To The North Of Torbothie Road Shotts Lanarks h ire

Ward: 12 Fortissat: Councillors Cefferty, McMillan and Robertson

Grid Reference: 288448659638

File Reference: S/PL/B/17/5/MD/GF

Site History: None Relevant

Development Plan: The site is zoned as Land with Unclassified Development Potential in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005)

Contrary to Development Plan: No

Consultations: NLC Education (No Objections) Scottish Natural Heritage (Comments) West Of Scotland Archaeology Service (No Objections) Scottish Environment Protection Agency (Objection) Scottish Water (Comments)

Representations: Four letters of representation received

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 Cumbernauld G67 IJW LAND NORTH OF TORBOTHIE ROAD, SHOTTS. telO1236 016210 fax 01238 616232 * Representations Site Area = 8.30 ha. 2. That before the development hereby permitted starts, full before and after cross sections and site levels shall be submitted to, and approved in writing by, the Planning Authority.

Reason: In the interests of amenity and the proper planning of the area by ensuring that ground levels are appropriate for the site and the general area.

3. 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: In the interests of amenity by ensuring that the external materials are appropriate for the site and the general area.

4. 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; notwithstanding the generality of this condition the fence and wall provision shall include the following, - an entrance gateway feature, - a feature wall or feature wall/ fence at plot 1, - a 1.8 m high screen fence on all rear gardens bounding the exterior of the site or bounding the exterior buffer landscaping, - a temporary construction phase fence protecting the Voe Site of Importance for Nature Conservation and its immediate environs.

Reason: In the interests of amenity by ensuring that walls and fences are appropriate for the site and the general area.

5. That before each of the dwellinghouses hereby permitted is occupied the fencing/ wall for that dwellinghouse as approved under condition 4 shall be erected.

Reason: To ensure satisfactory wall and fence provision for the dwellings.

6. That before development hereby permitted starts adjacent to the Voe Site of Importance for Nature Conservation the temporary construction protection fence approved under condition 4 shall be erected.

Reason: In order to protect the integrity of the Voe Site of Importance for Nature Conservation.

7. That before the development hereby permitted commences, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) and indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) details of the phasing of these works; (e) the provision of buffer structural landscaping along the western, northern and eastern boundaries; (9 landscaping of the SUDS pond and sluice area; (9) reinforcement planting on the South Calder Water embankment; (h) the use of bio-diversity appropriate landscaping species; (i) management and maintenance proposals. Reason: In the interests of amenity by ensuring that landscaping is appropriate for the site and for the general area.

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

Reason: In the interests of amenity by ensuring that landscaping is appropriate for the site and for the general area.

9. That before completion of the development hereby permitted, the management and maintenance scheme approved under the terms of Condition 7 shall be in operation.

Reason: In the interests of amenity by ensuring that landscaping is appropriate for the site and for the general area.

10. That before the development hereby permitted starts, a scheme for the provision of the play areas identified on the approved plan, shall be submitted to, and approved in writing by the Planning Authority and this shall include:- (a) details of the type and location of play equipment, seating and litter bins to be situated within the play areas; (b) details of the surface treatment of the play areas, including the location and type of safety surface to be installed; (c) details of the fences to be erected around the play areas, and (d) details of the phasing of these works.

Reason: In order to ensure the provision of adequate play facilities within the site.

11. That before occupation of the last 10 dwellinghouses within the site all the works required for the provision of the equipped play areas included in the scheme approved under the terms of condition (10) above, shall be completed.

Reason: In order to ensure the provision of adequate play facilities within the site.

12. That before the development hereby permitted starts resurveys for protected species shall be submitted if the original surveys are more than 12 months out of date; the resurveys shall be submitted to and approved in writing by the Planning Authority and any approved measures shall be incorporated into the development proposals; the resurveys shall take place within 12 months of the commencement of work, shall be carried out by a suitably qualified person and shall cover species which receive statutory protection.

Reason: In the interests of nature conservation.

13. That before the development hereby permitted starts, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water have been fully met in respect of providing the necessary site drainage and infrastructure to serve the development.

Reason: To ensure the provision of satisfactory site drainage arrangements.

14. That prior to any works of any description being commenced on the application site, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to and approved by the said Authority. For the avoidance of doubt the drainage scheme must comply with the principles of Sustainable Urban Drainage Systems (SUDS) in terms of the relevant ClRlA Manual and other advice published by the Scottish Environment Protection Agency (SEPA). If the area of ground illustrated on the approved plan for the notional SUDS 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 commenced on the application site, unless otherwise agreed in writing with the said Authority. The SUDS shall drain into the South Calder Water and not into the Voe Site of Importance for Nature Conservation.

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

15. That the SUDS compliant surface water drainage scheme approved in terms of Condition 14 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within 3 months of the construction of the SUDS, a certificate (signed by a responsible Civil Engineer) 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 ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater, and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site respectively.

16. That the proposed development shall comply with the recommendations of the Flood Risk Assessment by Kaya Consulting Ltd for the site dated 7th October 2005 and in particular the finished floor levels shall be no lower than 218m OD.

Reason: In the interests of public safety and wellbeing by ensuring that there is an acceptable level of flood risk on the site and downstream.

17. That before any approved dwellinghouse is occupied (or such other timescale as may be agreed in writing by the Planning Authority), the works required in order to remove or render harmless any contaminants (having regard to the proposed use of the site), as detailed in the Mason Evans Site Investigation Report dated August 2005, shall be completed to the satisfaction of the Planning Authority, and a certificate (signed by a responsible consultant) shall be submitted to the Planning Authority confirming that the approved remediation works have been carried out.

Reason: In order that the site is suitable for the proposed use.

Background Papers:

Application form and plans received 17th October 2005 Noise Assessment by Hamilton & McGregor dated 29th June 2007 Ecological Report by Heritage Environmental Ltd dated March 2007 Drainage Assessment by T. Harvie & Partners dated 31” May 2007

Memo from NLC Community Services received 21st February and 2nd April 2007 Memo from NLC Education received 15th June 2006 Memo from Traffic and Transportation Team Leader received 13th March 2006, 18th January and 22nd May 2007 Memo from Pollution Control Team Leader received 18th May 2007 Memo from Geotechnical Team Leader received 26th June 2007

Letters from Scottish Natural Heritage received 7th November 2005 and 10th April 2007 Letter from West of Scotland Archaeology Service received 21st November 2005 Letters from Scottish Environment Protection Agency received 21st November 2005 and 15th June 2007 Letter from Scottish Water received 11 th November 2005 Letter from British Gas received 1st November 2005

Letter from lan Nicol, Nicol Boilers Ltd, High Street Industrial Estate, Shotts, ML7 5EP received 27th October 2005 Letter from I Watson & M Norton, 97 Torbothie Road, Shotts, ML7 5NE received 31st October 2005 Letter from Mr & Mrs Seveney, 99 Torbothie Road, Shotts, Lanarkshire, ML7 5NE received 28th October 2005 Letter from W Rodgers, Managing Director, John Charles Estates Ltd, 181 Station Road, Shotts, ML7 4BA received 20th December 2005

Glasgow and Clyde Valley Structure Plan 2000 Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005)

Any person wishing to inspect these documents should contact Mr Martin Dean at 01698 302132.

Date: 20th July 2007 APPLlCATtON NO. S/05/01738/FUL

REPORT

1. Description of Site and Proposal

1.I The application is for the construction of 168 dwellinghouses on an 8.7ha vacant derelict land site off Torbothie Road, Stepps. The site lies immediately east of Stane Primary School, with the roundabout access off Torbothie Road serving both the school and the proposed residential development.

1.2 Development details include the following; - 42 three-bedroom semi detached dwellinghouses, 37 three-bedroom detached dwellinghouses, 89 four-bedroom detached dwellinghouses. - A road system off Torbothie Road consisting of two linked entrance roundabouts, an entrance and drop off area for Stane Primary School, an internal road loop with three cul-de- sacs and a potential link into a possible future adjacent development area. - Two equipped play areas. - Structural landscaping on the western, northern and eastern boundaries. - A Sustainable Urban Drainage System (SUDS) area at the north east of the site.

1.3 The application is supported by a contamination Site Investigation, a Protected Species Survey, a Drainage Strategy, a Flood Risk Assessment and a Noise Survey.

1.4 The site is currently predominantly levelled vacant land with a colliery spoil finish. There are a number of embankments on the northern edge. The site is bounded on the west by Stane Primary School plus a path and open land, on the north by a steep embankment down to the South Calder Water, on the north east by the open water Voe Site of Importance for Nature Conservation (SINC), on the east by a social club and open land and on the south by a former football pitch and housing

2. Development Plan

2.1 The proposal raises no strategic issues in terms of the Glasgow and Clyde Valley Joint Structure Plan 2000 and can therefore be assessed in terms of Local Plan policies.

2.2 Under the Shotts Local Plan 1982 the site is identified as a Derelict Land Reclamation Site.

2.3 The site is zoned as Vacant and Derelict Land with Unclassified Development Potential (ENV 3) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005).

3. Consultations and Rewesentations

3.1 The Scottish Environmental Protection Agency (SEPA) has expressed concern due to a possible lack of capacity at the receiving sewage works. SEPA requested that a Flood Risk Assessment, a Drainage Strategy and a contamination Site Investigation be submitted. In a follow up consultation they make minor comments on the submitted Flood Risk Assessment.

3.2 Scottish Natural Heritage (SNH) have no objections to the proposed development subject to recommended conditions covering protected species resurveying, boundary buffer planting, protection of the adjacent SINC, protecting local wildlife, protecting any trees on the site, and taking account of existing footpath links. SNH accept the findings of the ecological report subject to there being resurveys at appropriate times of the year and there being no development within 1Om of the adjacent SINC.

3.3 Scottish Water have objected to the application. They state, however, that this objection can be deemed to be withdrawn if a condition is attached to any permission requiring that agreement be reached between the developer and Scottish Water for infrastructure provision prior to works commencing. (Such a condition is imposed and, as such, there is no Scottish Water objection.)

3.4 West of Scotland Archaeology Service have no objection to the proposal.

3.5 The NLC Conservation and Greening Manager makes the following comments on the development proposal and on the ecological report. It is recommended that there be some resurveys of protected species, that there be woodland reinforcement planting on the South Calder Water embankment, that the woodland and buffer planting contribute to local biodiversity, that there be ecologically friendly SUDS drainage, that the originally proposed woodland walkway be deleted for safety and ecological reasons and that Japanese Knotweed be removed.

3.6 The NLC Landscape Services Manager observes that further details, including levels, are needed to make full comments. The inclusion of open space at the entrance is seen as beneficial, although the lack of a footpath link to Charles Street and the failure to make best landscape use of the proposed SUDS ponds is disappointing.

3.7 The NLC Director of Education has no objections, with it being noted that all pupils in the housing zoning area can be fully accommodated by local schools.

3.8 My Traffic and Transportation Team Leader has negotiated layout changes to overcome initial shortcomings.

3.9 My Protective Services Team Leader is satisfied with the submitted Site Investigation and the proposal for a minimum Imdeep inert capping layer.

3.10 My Geotechnical Team Leader seeks some further technical information to compliment the submitted detailed Drainage Assessment.

3.1 1 Four letters of objection have been received, The points of objection can be summarised as follows. a) Residents of adjacent properties will have their residential amenity reduced through increased local activity, loss of privacy, loss of views and construction nuisance. b) There will be loss of an attractive area used for walking and other recreational activity. c) Proposed 2 storey dwellings will be out of keeping with the many adjacent bungalows. d) The site contains protected species and other wildlife. e) Traffic generated by the proposed development, including construction traffic, will adversely affect road and pedestrian safety due to the busy nature of Torbothie Road, there being a narrow section of connecting pavement and there being a difficult junction between Torbothie Road and Main Street. 0 Residential development may hinder industrial activity on the opposite side of the South Calder Water. g) The site is contaminated and floods with pools of water after heavy rain. h) The development site does not have access to a watercourse to allow drainage runoff. i) 170 dwellinghouses will overload local facilities, in particular Stane Primary School and the local medical centre. j) There is a request for a hearing prior to a planning decision being reached. 4. Planninn Assessment and Conclusions

4.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions should be made in accordance with the development plan unless material considerations indicate otherwise.

4.2 The Development Plan supports the proposed residential development. As covered by paragraph 2.3 above the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) identifies the site as Vacant and Derelict Land with there being support for appropriate redevelopment. In view of the application sites location within the built up area residential development is considered appropriate. Such a use will allow decontamination to take place and will lead to the effective re use of this brownfield site. Policy HSG 10 ‘Assessing Applications for Housing Development‘ is relevant to the assessment on this application detailing criteria including: the impact on the builffnatural environment, environmental conditions of the site, flooding, density/mix and layout, design/materials landscaping/open spacelplay provision and provisions made for transportation matters. In regard to transportation matters Policy TR 13 ‘Assessing the Transportation Implications of Development’ gives more detailed assessment criteria. In regard to the adjacent Voe, Policy ENV 14 ‘Nature Conservation Sites’ is relevant and aims to protect the SlNC designation.

4.3 The layout has evolved to meet transportation needs and to comply with open space and garden size guidelines. These changes have resulted in the originally proposed flats and terraced dwellings being deleted. The amended proposal is for a combination of detached and semi-detached dwellinghouses with 4m separation and minimum rear garden depths of 10m. The design of the houses and general layout are considered acceptable. Materials can be controlled through conditions. There is a satisfactory level of play area provision, open space and boundary landscaping and the off-set distance from the adjacent SlNC is now acceptable. Taking account of the above the development accords with policies HSG 10 and ENV 14. Environmental conditions, ecology, noise, drainage and flooding are considered in the following paragraphs.

4.4 It is considered that the proposed range of houses will provide welcome housing choice in Shotts.

4.5 As requested by consultees the following reports have been submitted and have been determined to be satisfactory.

4.6 Contamination Site Investigation: It is concluded that the following remediation works are required. a) Provision of a 1m inert capping layer on landscaping and garden areas. b) Provision of gas preclusion measures. c) Examination of an appropriate foundation solution for the development. d) Stabilisation of mine workings.

4.7 Ecological lmpacf Assessment: The proposal will not impact directly on the adjacent SINC. No protected species were noted on the site although there is the potential for water voles at the South Calder Water. (The development does not directly affect the potential water vole area.)

4.8 Drainage Assessment: The detailed drainage assessment has the following elements. a) Foul water drainage is to existing Scottish Water sewers. b) Surface water drainage follows SUDS principles, with drainage being via an adoptable SUDS pond discharging into the South Calder Water.

4.9 Flood Risk Assessment (Contained within Drainage Assessment): There is no risk of flooding from the South Calder Water. The exception is the extreme north east corner of the site which acts as an overland water pathway in extreme conditions between the Voe lochans and the South Calder Water (there are no dwellinghouses in this area). Dwellinghouses close to the north east corner of the site should have a minimum floor level of 218m OD. There should be surface water attenuation to ensure that there is no increased flood risk downstream. (Dwellinghouse floor levels are confirmed as being above 218m and the proposed SUDS pond will attenuate drainage by the required amount.)

4.10 Noise Assessment: The potential for nuisance to proposed residents from existing industrial premises on the opposite side of the South Calder Water has been assessed. It is concluded that potential noise within the proposed dwellinghouses will be within acceptable limits.

4.11 Where appropriate planning conditions have been imposed reflecting the recommendations of consultees and of the above submitted reports. This includes conditions covering landscaping, nature conservation, play areas, drainage, flood risk and decontamination. Amendments to plans have covered such matters as roads layout and ensuring that there is a satisfactory distance between the housing and the adjacent SINC.

4.12 The comments below relate to the points of objection listed in paragraph 3.1 1 above.

4.13 a) Adverse Affect on Residential Amenity: The proposed development will clearly lead to a change in the local residential environment. There is no reason to believe, however, that there will be any loss of residential amenity. Distances between existing and proposed windows adhere to, and in most cases greatly exceed, the recommended minimum distances and, as such, there will be no loss of privacy.

4.14 b) Loss of Passive Recreation Area: The application site is badly contaminated and is largely flat and featureless. It is considered that the benefits of decontamination and bringing the site back to productive use outweigh any loss of walking opportunities and any other casual recreational activities.

4.15 c) Out of Keeping with Area: The proposed development will be attractive and will introduce a modern layout and modern dwellinghouse types to the area. There will be no clash between the proposed two storey dwellinghouses and existing single storey properties due to the separation distances. The new dwellinghouses will be seen as part of the new development rather than being part of any existing streetscape.

4.16 d) Adverse Affect on Wi/d/ife: The submitted ecological survey concludes that no protected species will be adversely affected. Scottish Natural Heritage have no objections to the proposed development.

4.17 e) Road Safety: There is no objection to the proposal from the Traffic and Transportation Team Leader, It is considered that local roads and pavements have sufficient capacity to cope with the resulting increase use with no unacceptable loss of road safety. This includes the areas referred to by objectors, which are part of a traditional village townscape and which understandably do not always meet modern roads guidelines.

4.18 0 Potential Noise Nuisance: The potential for nuisance to future residents from existing industrial premises on the opposite side of the South Calder Water has been looked at. This is an important issue as any such nuisance may fetter industrial activity in the area. The scope of the submitted Noise Assessment was agreed with Protective Services Section. This Assessment has examined the existing situation and concludes that there will be no nuisance to proposed residents. As such the residential development will not have an adverse affect on existing industrial activity.

4.19 9) Poor Site Conditions: Site conditions have been carefully examined, particularly with respect to the contamination and water pooling referred to by an objector. It is noted that the site is heavily contaminated and as a consequence decontamination measures are proposed. Such measures will mean that a currently derelict site can be put to productive use. Flood risk has been examined and it is seen that there is no unacceptable flood risk either on the application site or downstream.

4.20 h) Access to Watercourse: Contrary to the point of objection the application site conjoins the South Calder Water. There is surface water drainage via a SUDS pond to the watercourse.

4.21 I) Overloading Local Facilities: It is considered that new residents will be a welcome bolster to local facilities and commercial outlets. This will help ensure that local services remain, and potentially expand, to serve existing and new residents The Director of Education has confirmed that local schools can accommodate new pupils from the proposed development.

4.22 j) Request for Hearing: This request is noted and will considered by the Committee.

4.23 In conclusion it is considered that the proposed development accords with the Development Plan, acceptably relates to this predominantly residential area, meets residential layout guidelines, is of a high standard of both layout and design and will lead to the decontamination and re-use of the site. Taking account of the above it is recommended that planning permission be granted.

4.24 It should be noted that there has been a request for a hearing from an objector. Application No: S/06/01872/FUL

Date Registered: 17th November 2006

Applicant: Keel Contractors Ltd CIO Agent

Agent Ballantyne Hollinger Ltd 2 May Avenue, Bangor Co. Down BT20 4JT

Development: Construction of Mixed Use Development Comprising 12 IndustriallBusiness Units, 3 Office Buildings, Formation of New Access & Ancillary Parking & Landscaping

Location: Keel Contractors Ltd Goil Avenue Righead Ind Est Bellshill

Ward: 13 Thorniewood: Councillors Burrows, McCabe and McShannon

Grid Reference: 271838 660852

File Reference:

Site History: S/06/01169/FUL Construction of Mixed Use Development Comprising 12 no IndustriallBusiness Units, 3 no Office Buildings, Formation of New Access, and Ancillary Parking and Landscape - Withdrawn - 20th September 2006 Development Plan: The site is zoned as I1 - (Areas Where New Industrial Development Will be Concentrated) in the Adopted Bellshill and Mossend Local Plan 1985. The Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005) zones the site as IND 8 (Established Industrial and Business Areas).

Contrary to Development Plan: No

Consultations: Scottish Environment Protection Agency (comments) Scottish Water (comments) British Gas (no objections) Scottish Power (no objections) British Telecom (no objections) Strathclyde Police (no objections)

Representations: No letters of representation received

Newspaper Advertisement: 23rd November 2006

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

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

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

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

4. That before the development hereby permitted starts, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water have been fully met in respect of providing the necessary site drainage infrastructure to serve the development.

Reason: To ensure the provision of satisfactory site drainage arrangements.

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

Reason: To ensure the suitability of the site for the proposed development and protect watercourses from pollution.

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

Reason: To ensure the compliance with condition 5 and in the interests of Health and Safety.

7. That before the development hereby approved is commenced, details of all walls and fences to be retained or replaced within the development 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 any of the units hereby permitted, situated on a site upon which a fence or wall is to be retainedheplaced, are occupied, the fence or wall, as approved under the terms of condition 7 above, shall be retainedheplaced.

Reason: To ensure the implementation of the scheme in the interests of amenity. 9. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted, such planting shall consist of native, non- invasive species characteristic of the local area; (c) an indication of all existing trees, plus details of those to be retained, and measures for their protection in the course of development. (d) A timetable for the implementation of these works

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

10. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of:- (a) the proposed parking areas shown on the approved plans; (b) the proposed external lighting to be provided for the site; (c) the proposed grassed, planted and landscaped areas agreed under the terms of condition 9 above; (d) the proposed fences to be erected as agreed under the terms of condition 7 above; and (e) a timetable for the implementation of these works

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

11. That the landscaping scheme approved under the terms of condition (9) above shall be completed in accordance with the approved timetable and before the occupation of the last warehouse within the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition (9) above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

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

12. That the management and maintenance scheme approved under the terms of condition (10) above shall be implemented in accordance with the approved timetable and before the occupation of the last warehouse within the development hereby permitted, the management and maintenance scheme shall be fully in operation.

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

13. That notwithstanding the approved plans, no permission is hereby given for any vehicular/pedestrian accesses within the site to be located directly from Old Edinburgh Road.

Reason: To define the permission and in the interests of highway safety.

14. That before the development hereby permitted starts, a further flood risk assessment shall be submitted to and approved in writing by the Planning Authority which addresses the queries raised in the memo from the Geo-technical Section dated 15 March 2007, and that any mitigation measures deemed necessary shall be completed to the satisfaction of the Planning Authority and thereafter verified by a suitably qualified professional.

Reason: To ensure the site is free from flood risk in the interests of amenity for prospective users of the site. Background Papers:

Application form and plans received 13th November 2006

Letter from Scottish Water received 29th November 2006 Letter from Strathclyde Police (Wishaw) received 23rd January 2007 Letter from SEPA received 4th September 2006, 22nd March 2007 and 5th July 2007 Letter from British Telecom received 14th August 2006 Letter from British Gas received 11th August 2006 Letter from Scottish Power received 16th August 2006

Memos from Geotechnical Team Leader received 28th December 2006 & 15th March 2007 Memo from Head of Protective Services received 11th & 13th December 2006 Memo from Transportation Team Leader received 18th August 2006

Bellshill and Mossend Local Plan 1985 Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005)

Any person wishing to inspect these documents should contact Miss Charmaine Mills at 01698 302136

Date: 13 July 2007 APPLICATION NO. S/06/01872/FUL

REPORT

Description of Site and Proposal

This application is for the construction of 12 industrial/business units and 3 office buildings at Goil Avenue within Righead Industrial Estate, Bellshill. The site slightly slopes from south to north with substantial perimeter landscaping along Old Edinburgh Road and Goil Avenue. The site is currently an unkempt grass area, housing small derelict buildings with metal palisade fencing along the boundary of the site. The surrounding industriaVbusiness units vary from two to three storeys and have varying levels of landscaping.

The 12 industrial/business units are rectangular in shape and each will have a mezzanine floor for ancillary office use. The 3 office buildings are 3 storeys in height and square in shape. The 12 industriaVbusiness units will each have a ground area of 235 square metres with an upper floor of 55 square metres and the 3 office buildings, totalling the 3 floors in each building will have a floor area of 825 square metres.

The external materials for the proposed buildings will include white cladding panels with grey facing brick, and a roof with grey profiled steel cladding and grey metal windows and doors. The design of the 3 office buildings incorporates a sloping roof feature reaching a maximum of 12.5 metres in height, and provides windows on all elevations which provides the buildings with some architectural interest. The 12 industrial/business units have a pitched roof with a curved canopy front entrance feature. The proposal introduces a 5 metre landscape boundary to the east side of the development site. The existing fencing along the boundary of the side is to be maintained.

Two separate accesses will be taken from Goil Avenue. One leading to the 12 industriaVbusiness units and one leading to the 3 office buildings. There are a total of 48 parking spaces for the 12 industrial/business units and 49 parking spaces for the 3 office buildings. A Flood Risk Assessment, a Drainage Strategy and a Site Investigation were also submitted in support of the application.

Development Plan

The development raises no strategic issues and therefore can be assessed in terms of the local plan policies.

The site is zoned as I1 -Areas Where New Industrial Development Will be Concentrated in the Adopted Bellshill and Mossend Local Plan 1985.

The Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005) zones the site as IND 8 (Established Industrial and Business Areas).

Consultations and Representations

British Gas, Scottish Power and British Telecom had no objections to the proposals.

Strathclyde Police have advised that the proposal lies within a low crime area with the main crime types for the area being acts of vandalism and internal petty theft. Units A to M make reasonable use of surveillance for the properties and associated parking facilities whereas Units N to P seclude the parking areas from any observation via the busy thoroughfare of Old Edinburgh Road and it would be advisable to have the main entrance and parking facilities on to Old Edinburgh Road. If this is not possible then white type lighting should be proportionate throughout the development. The boundaries are clearly definable giving the impression that this is a semi-private road and there are other methods in which this can be enhanced. The existing boundary fences should be in a reasonable state of repair and foliage around the units should be kept to a minimum height and can assist with defining the semi-private area. Overall Strathclyde Police would encourage the use of this site for development and appreciate the limitations of the site.

3.3 Scottish Water have advised that they are currently in discussions with the applicant regarding the water and wastewater infrastructure problems constraining this development. If an agreement can be reached on implementing a suitable mitigation scheme, then a connection to the network will be granted. A totally separate drainage system will be required with the surface water discharging to a suitable outlet. Scottish Water supports the principal of a SUDS scheme.

3 .4 SEPA initially objected to the application due to insufficient information and a potential for flooding. Further information was subsequently submitted on drainage proposals and flooding and SEPA have since lifted their objection. SEPA have advised that as Scottish Water have in principle agreed (subject to conditions being met) to permit the foul water from the proposed development to be connected into the existing combined public sewage system and provided that the additional flow arising from the site does not cause or contribute to the premature operation of consented storm overflows then they would have no objection to the proposal provided Scottish Water confirm this in writing. SEPA have also advised that all surface water runoff at the industrial estate discharges to the existing public sewage infrastructure vested in Scottish Water. It is expected that Scottish Water will advise the developer of their requirements regarding treatment and attenuation of the surface water runoff to permit connection into their network and therefore SEPA would expect this to be achieved by use of SUD’s techniques. Dependent on the occupancy/use of the units, e.g. car washhaleting, they may represent a greater risk to the water environment and Scottish Water should also consider this in allowing connection. They also advised on responsibilities in terms of construction work and waste materials.

3.5 The Geotechnical Team Leader has advised that in principle there appears to be a satisfactory means of disposal of foul and surface water drainage from the site. However, there are some discrepancies within the flood risk assessment which require further clarification.

3.6 The Transportation Team Leader has advised that neither Goil Avenue, nor Katrine Avenue (which connects Goil Avenue with Melford Road) are part of the public road network. Both are in a serious state of disrepair and should be brought up to an adoptable standard before there is any further development within this area of the Industrial Estate. There should be no new vehicular access onto Old Edinburgh Road associated with this development as there is insufficient junction spacing on Old Edinburgh Road to accommodate such a junction.

3.7 Protective Services have advised that the Phase 1 Environmental Audit failed to adequately assess the risk posed to the water environment of the site and the risk to receptors posed by the red blaes which exists on the site. They also advised that a note should be placed on any consent restricting the production of noise during construction periods and that best practicable means shall be adopted to control site generated dust and prevent dust emission beyond the site boundary.

3.8 No representations were received following neighbour notification and press advertisement.

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 assessing this proposal it is necessary to consider that the site is zoned in the adopted Bellshill and Mossend Local Plan as I1 industrial area. This policy seeks to concentrate industrial development within the designated areas.

4.2 The application site lies within IND 8 (Established Industrial and Business Area), in the Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005). Policies IND 9 (Assessing Applications for Industrial and Business Development) and TR 13 (Assessing the Transportation Implications of Development) are also relevant.

4.3 Policy IND 8 seeks to retain the existing character of the Established Industrial and Business Areas by safeguarding existing uses and supporting the development of General Industrial, Distribution, Storage or Class 4 Business Uses where appropriate. The 12 industrial/business units will be used for general industrial and business uses and the 3 office buildings will be used for general office use such as call centres etc and it is considered that the proposal is compliant with the aims of local plan policies I1 and IND 8 and will contribute positively to Righead Industrial Estate.

4.4 Policy IND 9 states that in determining applications for industrial and business development as defined by Classes 4, 5 and 6 of the Town and Country Planning (Use Classes)(Scotland) Order 1997, the Council will consider, amongst other things, the following:

a) Whether the proposal is located within an Established Industrial and Business Area, or on a site forming part of the land supply for industry and business; b) The extent to which there are deficiencies in the land supply for industry and business; c) The extent to which vacant and derelict land is to be reused; d) Whether significant economic benefit is offered to the Plan area; e) Suitability to the character of the area within which it is set; 9 Access to public transport and infrastructure and the effect on travel patterns; g) Detailed design elements such as building height, materials and positioning; h) Provisions made for landscaping, screening, fencing and security; and i) Provisions made for servicing, access, vehicle circulation, manoeuvring and parking. 4.5 In assessing this proposal against the provisions of policy IND 9, the proposals are considered to comply with points a-d by being located within an appropriately zoned area, and makes beneficial use of a large vacant site which has been rundown for sometime, thereby securing further economic benefit in the form of employment generation in North Lanarkshire and promoting the viability of this industrial estate. The proposed buildings are suitable for the character of the surrounding industrial area and complement the existing adjacent structures in terms of design and materials. There is a mix of two storey and three storey industrial buildings within Righead Industrial Estate and the proposed will integrate successfully with the surrounding units. The site benefits from substantial frontage planting along Old Edinburgh Road and Goil Avenue and makes significant space provision for additional soft landscaping within the site to provide a pleasant setting for a high amenity development. The existing and proposed landscaping will help screen the development from Old Edinburgh Road. In addition to this as the entrance to the 3 office buildings will face into the industrial estate and away from Old Edinburgh Road this will protect the existing boundary of the industrial estate and not create a frontage onto Old Edinburgh Road. It is proposed that the existing security fencing be repaired and maintained. Conditions are recommended to secure the submission of a landscape scheme and maintenance regime along with proposals for fencingkecurity. The impact on traffic circulation and manoeuvring will be considered under policy TR 13 below but otherwise, it is considered to accord with policy IND 9.

4.6 Policy TR 13 (Assessing the Transport Implications of Development) seeks to assess: the level of traffic generated and its impact on the environment and adjoining land uses; the scope to integrate development proposals with existing public transport facilities; the impact of the development on road traffic circulation and road safety; the provisions made for access, parking and vehicle manoeuvring and; the extent to which the development promotes ‘access for all’, particularly for those with impaired mobility. The Transportation Section’s requirements relating to road improvements is considered an unreasonable burden on the developer especially as these roads are not adopted by North Lanarkshire Council. With regard to access being taken from Old Edinburgh Road the applicant has submitted amended plans to show that access to the proposed 3 office buildings will now be via Goil Avenue. These requirements can be met in practice and may be secured via the imposition of conditions. On balance, it is considered that this proposal accords with policy TR 13.

4.7 With regard to comments from Strathclyde Police, it is considered that the developer has designed the site with regard to reducing the level and fear of crime. The existing boundary treatments and proposed landscaping is considered necessary in order to ensure a high amenity development and screen the proposed development from Old Edinburgh Road as much as possible. Due to the screening measures, it is also considered that the 3 office buildings should not face onto Old Edinburgh Road and that the proposed positioning of the buildings are the best achievable given the site position. With regard to the proposed lighting this will be added as an advisory note.

4.8 Scottish Water advised that they support SUDS and the developer should consider this in the surface water drainage design, The developer has provided a drainage design incorporating filter trenches, porous paving, enlarged pipes and hydro-brake control devices which will connect to the existing public sewer. Scottish Water have advised that they are currently in discussions with the applicant regarding the water and wastewater infrastructure problems constraining this development and if an agreement can be reached on implementing a suitable mitigation scheme, then a connection to the network will be granted. A condition may be placed on the consent to address this issue. As such, and following discussion and agreement on matters relating to flooding, SEPA are satisfied that the surface water will be adequately accommodated and have no objections to the proposal. SEPAs comments on construction work and waste materials are controlled under separate legislation and have no bearing on the determinations of this application. With regards to Geotechnical’s comments, a condition is recommended seeking a further flood risk assessment to clarify matters.

4.9 The Protective Services Section requested that a further site investigation be carried out. A condition to this effect is recommended if Committee grant this application. In addition, a note will be placed on the consent, if granted, advising on construction noise. Lastly, dust emissions are controlled under separate environmental legislation and have no bearing on the determination of this application.

4.9 In conclusion, the proposal is in accordance with the relevant Local Plan policies. It is considered that in terms of siting and design the proposed development is acceptable and should positively contribute to the wider area. Taking into account all material considerations including local policies, I recommend that planning permission be granted, subject to conditions. Application No: S/07/00220/FU L

Date Registered: 16th March 2007

Applicant: Mr C Hilditch Royal Bar 28 West Main Street Harthill ML7 5QD

Development: Formation of Beer Garden to the Rear of Public House

Location: 28 West Main Street Harthill Shotts ML7 5QD

Ward: 12 Fortissat: Councillors Cefferty, McMillan and Robertson

Grid Reference: 290552664426

File Reference:

Site History: S/06/01518/FUL Change of Use of Function Suite and alterations to form Dwellinghouse (Granted 05/01/07) S/06/02021/ADV Installation of One Fascia Sign (Under Consideration)

Development Plan: The site is zoned as RTL 6 Secondary, Village and Neighbourhood Commercial Areas within the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005).

Contrary to Development Plan: No

Consultations: None

Represen tat io ns : No letters of representation received

Newspaper Advertisement: Advertised on 21st March 2007

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 permission for the change of use to beer garden hereby granted relates only to the area of ground indicated as the "beer garden" on the approved plans and to no other area within the grounds of the public house.

Reason: To define the use of the land.

3. That no music shall be played at any time within the beer garden.

Reason: To protect the amenity of nearby residents.

4. That before the beer gardenkmoking area is brought into use, double doors shall be provided at the entrance/exit doors marked BLUE on approved plans, in accordance with a scheme to be submitted to, and approved in writing by the Planning Authority.

Reason: To protect the amenity of nearby residents.

5. That before the development hereby permitted starts, full details of the design and location of all fences, walls and surfacing materials to be erected and laid on the site shall be submitted to, and approved in writing by the Planning Authority. For the avoidance of doubt, this shall include a 2 metre high close boarded timber screen fence along the boundaries marked YELLOW on the approved plans.

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

Background Papers:

Application form and plans received 7th February 2007 Amended Plans received 5th July 2007

Memo from Head of Protective Services received 2nd April 2007 Memo from Environmental Services (Southern Area) received 28th March 2007

Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005)

Any person wishing to inspect these documents should contact Ms Laura Murray at 01698 302134.

Date: 17 July 2007 APPLICATION NO. S1071002201FUL

REPORT

1. Description of Site and Proposal

1.1 Planning permission is sought for the formation of a beer garden to the rear of The Royal Bar, 28 West Main Street, Harthill. The Royal Bar is an established Public House, facing onto West Main Street, a main road running through Harthill. The Public House forms part of the main building frontage onto West Main Street. The surrounding area is characterised by a mix of uses including vacant open space to the east, a hotel and car park to the south and residential properties to the north and east. The Royal Bar is on the ground floor with residential accommodation above which is currently accessed via steps at the rear of the Public House. An application for the change of use of a previous function suite attached to the rear of the Public House to a dwellinghouse has recently been permitted (Reference S/06/01518/FUL Granted on 05/01/07). This is located directly to the east of the proposed beer garden.

1.2 The area in question currently consists of a hard surfaced patio area with two tables, this area is also used for the storage of bins for the Public House and is completely enclosed from the surrounding area by the Public House to the south and west, the newly approved dwellinghouse to the east and a 1.8 metre high hedge to the north at the rear of the site.

1.3 The proposed beer garden will be hard landscaped with access taken through the Public House. Amended plans were received following recommendation that the size of the beer garden be reduced to ensure there is no detrimental impact to the amenity of surrounding dwellings. The beer garden will measure 42.8 square metres altogether from a previous proposal of 96 square metres. There is a fire escape access proposed around the garden area of the newly approved dwellinghouse leading to the side car park within the site.

2. Development Plan

2.1 The site is zoned as RTL 6 Secondary, Village and Neighbourhood Commercial Areas within the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005).

3. Consultations and Representations

3.1 Protective Services have been consulted and recommended that no piped music is allowed to the beer garden, the use of the area be limited to 10pm and that double doors be incorporated at the entrance to the area to minimise transmission of music/noise outdoors.

3.2 Environmental Health raised no objections to this application.

3.3 Following standard neighbour notification and public advertisement procedures no objections were received.

4. Planning Assessment and Conclusions

4.1 The proposal requires to be assessed under the terms of the development plan and any other relevant material considerations. This application raises no strategic issues and can therefore be assessed in terms of current local plan policies. The Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005) zones the site as RTL 6 Secondary, Village and Neighbourhood Commercial Areas. Policies RTL 11 (Bad Neighbour Developments) and TR 13 (Assessing the Transport Implications of Development) are also relevant to the assessment of this application.

5.2 Policy RTL 6 states that within such areas, the Council will seek to, amongst other things: - Support other types of commercial activity such as Class 2 Offices, Class 3 Food and Drink and Class 11 Assembly and Leisure, where such development does not adversely affect the character and amenity of the relevant Commercial Areas and accords with the provisions of Policy RTL 11 Bad Neighbour Developments,

5.3 Given that The Royal Bar has been established at this site for many years the beer garden is considered to be acceptable in principle. The site is enclosed on all sides by an existing single storey section of the Public House to the west, the main Public House building to the south, the newly approved dwellinghouse to the east and a 1.8 metre hedge to the north at the rear of the site. The applicant has agreed to a condition being added to erect a 2 metre high close boarded timber fence around the entire beer garden to ensure there are no amenity issues from this proposal. The effect of this proposal would be localised solely within the immediate area. Although one window shall be installed on the approved dwellinghouse facing onto the beer garden, this is a bathroom window only and will be fully screened from this proposal.

5.4 Policy RTL 1I (Bad Neighbour Developments) seeks to locate such developments within Town Centres and/or Secondary Village or Neighbourhood Commercial Areas. Proposals are assessed on their potential impact on the character of the surrounding environment. In relation to Policy RTL 11, it is considered that the relevant determining factors are whether the beer garden is acceptable in terms of its location, design and effect on the adjoining neighbours. As indicated above, the location, design and size of the beer gardenlsmoking area is acceptable and will be well screened by existing vegetation, adjoining buildings and proposed fencing. I would note that the proposal has been significantly reduced in size. As the public house has been established for many years it is considered that there would be no significant increase in fumes, noise or general disturbance from the proposed beer garden, subject to conditions requested by my Protective Services Team Leader (detailed in paragraph 4.5). While it is recommended that the area be time restricted to 1Opm, this matter cannot be controlled under planning legislation. On balance, the other amenity measures proposed and the reduction in size of the beer garden is considered sufficient enough to protect the amenity of adjoining residents. Thus, the proposal complies with policy RTL 11.

5.5 Policy TR 13 (Assessing the Transport Implications of Development) requires account to be taken of criteria including: the impact of development on road traffic circulation, road safety and provision made for access, parking and vehicle manoeuvring. The beer garden does not encroach upon any parking bay or access and there is no difference to the status quo from a transportation perspective. It is therefore considered that the proposal accords with policy TR 13.

5.6 With regard the comments received from Protective Services, a condition can be used to prohibit music from being played within the beer garden area and requiring the installation of double doors at the entrance/exit door to the beer garden. This will also ensure the amenity of the upper floor apartment and approved dwellinghouse to the rear is further protected. With regard to the time limit and dust emissions these are not relevant planning considerations and any condition relating to these would be considered in planning terms as unreasonable.

5.7 As detailed above the proposed beer garden at this long established public house is considered to be in accordance with Local Plan Policies RTL 6, RTL 11 and TR 13. The design of the proposal is acceptable and the impact of the development on surrounding neighbours is considered to be of marginal significance given the current use of the site as a Public House. In summary, it is considered that taking into account the development plan and all material considerations, I recommended that planning permission be granted subject to conditions. Application No: S/07/00324/FUL

Date Registered: 27th February 2007

Applicant: BP OIL UK LTD Witan Gate House 500-600 Witan Gate Central Milton Keynes

Agent Jennings Design Ltd York House Valley Court Canal Road Bradford BDI ASP

Development: Re-development of Petrol Filling Station to Alter the Layout and Form New Shop, Cafe, Underground Tanks, Car Wash, Jet Washbay, Canopy and Ancillary Parking

Location: Former Viewpark Filling Station 783 Old Edinburgh Road Uddingston

Ward: 13 Thorniewood: Councillors Burrows, McCabe, McShannon

Grid Reference: 271 572 660880

File Reference: S/PL/BF/9/110

Site History: None Relevant

Development Plan: The site is zoned as RTL 9 Other Commercial Uses in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005).

Contrary to Development Plan: No

Consultations: Scottish Environmental Protection Agency (Comments) Strathclyde Fire & Rescue (No objection) Scottish Water (Comments)

Representations: 1 Letter of representation received

Newspaper Advertisement: Advertised on 22nd March 2007

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 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 safeguard the amenity of the 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 safeguard the amenity of the area and ensure satisfactory separation of the filling station from the adjacent commercial area and Righead Industrial Estate.

4. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to and approved in writing by the Planning Authority and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) details of the phasing of these works.

Reason: To safeguard the amenity of the area.

5. That within 6 months of the completion of the works hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 4 above, shall be completed and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: To safeguard the amenity of the area.

6. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of:- (a) the proposed access, turning and parking areas shown on the approved plans; (b) the proposed planting areas shown on the approved plans and agreed under Condition 4 above; (c) the proposed fences to be erected along the boundaries of the site and agreed under Condition 3 above.

The management and maintenance scheme shall thereafter come into effect following the implementation of the landscaping as required under condition 5 above.

Reason: To safeguard the amenity of the area.

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

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

8. That delivery of fuel to the filling station hereby granted shall be limited to between the hours of 7am and 1Opm, Monday to Saturday and at no time on a Sunday. Reason: In the interests of nearby residential amenity.

9. 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 requires to comply with the Scottish Environment Protection Agency principles of Sustainable Urban Drainage Systems and with any requirements of Scottish Water. The scheme shall be designed to ensure that it does not cause or contribute to the premature operation of consented storm overflows. Thereafter, once completed, written confirmation, from a suitably qualified engineer, shall be submitted to the Planning Authority, confirming that the drainage system has been installed in accordance with the approved scheme. Any change to the site layout as a result of this scheme will require an amended planning application.

Reason: To ensure proper implementation of the drainage scheme.

10. That prior to the development hereby permitted commencing, a full site investigation report shall be carried out in accordance with the British Standard Code of Practice BS 10175: 2001 “The Investigation of Potentially Contaminated Sites” and submitted to and approved in writing by the Planning Authority. The report must include a site specific risk assessment of all relevant pollution linkages. Any analytical or investigatory work used to support the conclusions of the survey must include information regarding the methodology and Quality Assurance systems used. Depending on the results of this investigation a Detailed Remediation Strategy may be required. Any remediation work required must be completed and verification provided by the Developer to the satisfaction for the Planning Authority.

Reason: To ensure that the site is free from contaminants

Background Papers:

Application form and plans received 27th February 2007

Letter from Lesley McDonald, Botterills Convenience Store, Old Edinburgh Road, Uddingston received 5th April 2007

Memo from Pollution Control Team Leader received 19th March 2007 Memo from Traffic and Transportation Team Leader received 16th April 2007 Consultation Response from SEPA received 16th May 2007 Consultation from Strathclyde Fire 8, Rescue received 10th April 2007 Consultation from Scottish Water received 27th March 2007

Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005)

Any person wishing to inspect these documents should contact Mr Stewart MacCallum at 01698 302085

Date: 19th July 2007 APPLICATION NO. S1071003241FUL

REPORT

1. Description of Site and Proposal

1.1 Planning permission is sought for the re-development of a disused petrol filling station at 783 Old Edinburgh Road, Uddingston. It is proposed to alter the layout of the existing filling station and introduce a modern facility, forming a new shop, cafe, underground tanks, car wash, jet washbay, canopy and ancillary parking.

1.2 As described, the site is presently a disused filling station, comprising a shop/payment kiosk and covered forecourt. The site is derelict in appearance and bound by security fencing. Located to the west is a small commercial area which includes a convenience store, hot food takeaways and a public house, To the north and east of the site is the Righead Industrial Estate. To the south of the site are some small commercial units and residential properties. The nearest residential properties are approximately 20 metres from the site, opposite on Old Edinburgh Road. There is a hoarding located on the western boundary.

2. Development Plan

2.1 The proposal raises no strategic issues in terms of the Glasgow and Clyde Valley Joint Structure Plan 2000 and can therefore be assessed in terms of Local Plan policies.

2.2 The site is zoned as RTL 9 Other ‘Commercial Uses’ in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005).

3. Consultations and Representations

3.1 My Transportation Team Leader has no objections to the proposal.

3.2 My Pollution Control Team Leader has no objections to the proposal but highlights that a site investigation requires to be carried out.

3.3 Strathclyde Fire and Rescue had no objections to the proposal.

3.4 The Scottish Environmental Protection Agency highlight the issue of contaminated land, given the last use of the site and note their particular interest in the pollution of the water environment arising from any land contamination. It is recommended that the Council’s Pollution Control Section is consulted and that appropriate site investigations are carried out. Other matters relating to SEPA regulations for construction and the Council’s waste strategy requirements are highlighted.

3.5 Scottish Water have no objections to the proposal however they would require further details in terms of proposed drainage and water connection.

3.3 Following standard neighbour notification procedures one objection was received. The reasons for objection are detailed as follows;

1) There is no requirement for additional shops within the area, only a filling station; 2) The objector has operated a convenience store adjacent to the proposed site since 1983 and has served the local community well in that time; 3) The opening hours and delivery hours of the filling station are unacceptable for a primarily residential area; 4) The impact on the road network due to additional traffic will be unacceptable. 5) There have been anomalies in the handling of the application including the neighbour notification form being unsigned, the neighbour notification not being lodged at the same time as the application, the neighbour notification form being that related to the Council’s central area office and the application appearing late on the Council’s website.

4. Planning Assessment and Conclusions

4.1 This application requires to be assessed under the terms of the development plan and any other relevant material considerations. The application raises no strategic issues and can therefore be assessed in terms of current local plan policies.

4.2 The Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005) zones the site as Policy RTL 9 ‘Other Commercial Uses’. This zoning relates to land uses that are not easily categorised, such as petrol filling stations or uses that do not generally fit with the predominant land use of an area. Policy RTL 9 indicates that in areas highlighted for other commercial uses, the Council will accept the continuation of such uses. In assessing proposed new uses, particular regard should be given to their potential compatibility with surrounding land uses. As the application site was historically used as a petrol filling station, the proposal is acceptable ‘in principle.’ The reinstatement of the existing format would not require formal planning permission. It is however important to assess the impact that the proposed filling station will have on the surrounding area, particularly on nearby residential properties, given the intensification of use, 24 hour opening hours and the proposed shoplcafe.

4.3 The application is also a ‘bad neighbour development‘ and policy RTL 11 applies. Policy RTL 11 states that bad neighbour development should preferably be located in town/village centres or neighbourhood commercial areas. Policy RTL 11 details criteria against which new development proposals should be assessed and this includes; the impact of the proposal on the character and amenity of adjoining properties and the surrounding environment; the resulting mix of retail and non-retail uses, detailed design elements such as building height, materials, positioning and access for pedestrians /disabled people and the provisions made for vehicular access, servicing, parking, pedestrian safety and traffic circulation. The latter matters are also assessed through Policy TR 13 ‘Assessing the Transport Implications of Development’ which also looks at the impact of the proposal on the public road network.

4.4 In relation to the impact of the proposal on the character of the surrounding area, I would note that while some residential properties are located to the south, the site is also bound on the other three sides by commercial and industrial landuses, including other bad neighbour developments. There is a mix of uses in the area and a petrol filling station has been established on this site for some time. The nearest residential properties located opposite on Old Edinburgh Road are limited in number and are generally separated from the site by a busy road. On balance, given the historic use of the site is a petrol filling station I consider that visually and through it’s operation, there will not be an unacceptable impact on the character of the surrounding area. The proposed filling station would be open 24 hours which is a common feature amongst many urban filling stations. In respect to opening hours, I would note that the site is located adjacent to a busy main road linking Uddingston to Bellshill. There is already a substantial flow of traffic on Old Edinburgh Road. The impact of deliveries to the site is unlikely to become unacceptable as most deliveries will be by small lorries or vans, which would be unlikely to be any worse than passing traffic or general traffic visiting the filling station. Delivery times for larger fuel tankers can be controlled via a planning condition so that no significant impact is created. No objection has been raised in respect to noise by the Pollution Control Section. I would note that the reinstatement of the former station, if no physical alterations were proposed, could take place without any requirement for planning permission, as could an extension to opening hours.

4.5 In respect to the design and appearance of the filling station, I consider this to be acceptable and an improvement to the current derelict site. There are no issues regarding the mix of retail and non-retail landuses in the area.

4.6 In respect to matters relating to pedestrian and traffic impact, as detailed in polices RTL 11 and TR 13 the proposals are also found to be acceptable. My Transportation Team Leader has no objection to the application.

4.7 The issues raised by SEPA, Scottish Water and my Pollution Control Team Leader can be addressed by conditions.

4.8 Turning to the objections made I would comment as follows:

While the objector states that there is no requirement for a shop, I consider that a shop is a common feature of a modern filling station and will not have a detrimental impact on the character and amenity of the area. I note the close relationship of the site to a small shopping area directly to west. The application site in terms of the retail element could be described as constituting a small extension to this commercial area. I do not consider any perceived over provision of shops in the area to justify refusal of the application; While the objector has operated a convenience store adjacent to the proposed site since 1983 and states that they have served the local community well in that time, I do not consider this to be material in the assessment of the application; It is stated that the opening hours and delivery hours of the filling station are unacceptable for a primarily residential area. I would note however, while there are some residential properties in the area, the area is mixed in terms of it’s land use character and the old filling station could be reinstated without any requirement for formal planning permission. There are also some evening uses in the form of the adjacent public house and hot food shops already in the local area. I propose a condition to restrict delivery times for larger vehicles; While it is contested that the impact on the road network due to additional traffic will be unacceptable, my Transportation Team Leader has no objection to the proposals; It has been highlighted that there were anomalies in the handling of the application, including the neighbour notification not having been signed, the neighbour notification not being lodged at the same time as the application, the neighbour notification being related to the Coatbridge office and the application appearing late on the Council website. Notwithstanding these points, the Council accepts objections until the date of determination and the application has been under consideration for 4 months. It is considered the assessment process has not been prejudiced. Similarly, while central area neighbour notification forms were used, although unfortunate, this too has not prejudiced the assessment of the application. Any mail would be forwarded accordingly. In respect to neighbour notification forms not having been signed and the late appearance of the application on the Council website, these too have not prejudiced the full and proper consideration of the application.

Overall, the proposal is acceptable and in accordance with the relevant Local Plan Policies RTL 9, 11 and TR 13. Policy RTL 9 indicates that the Council would support a continuation of existing uses. As the site was previously a filling station this proposal is effectively bringing the site back into use, except in this instance there is a significant re-development of buildings and site layout, as well as the introduction of car wash facilities and a cafe. With regards to Policy TR 13 the proposal is also considered acceptable. Application No: S/07/0069O/FUL

Date Registered: 24th April 2007

Applicant: Scottish Veterans Garden City Association New Haig House Cogie Green Road Edinburgh EH47 4HQ

Agent Graham & Sibbald 18 Newton Place Glasgow G3 7PV

Development: Erection of 4 Flatted Dwellings

Location: Land Adjacent To Anderson Street Motherwell

Ward: 18 Motherwell South East and Ravenscraig: Councillors Harmon, Lunny, McKay and Valentine

Grid Reference: 275300656439

File Reference: S/PL/BF/12/9/LM U/G F

Site History: None Relevant

Development Plan: The site is zoned as L3 (Protected Open Space) within the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005).

Contrary to Development Plan: Yes

Consultations: Scottish Water (Comments) Scottish Environment Protection Agency (Comments)

Representations: 5 letters of representation received

Newspaper Advertisement: Advertised on 4th May 2007

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 before the development hereby permitted starts, a report describing the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority and the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed. Produced by North Lanarbhirs Council Planning end Environment Depl Planning Application No. S / 07 I00690 I FUL Fleming HOUSB.PTvt Road Curbemauld. 067 1JW W 01236616210 Erection of 4 Flatted Dwellings fax 01236616232 N Thb map IS iepmdumd tern Ordnance SW@Y Land Adjacent To Anderson Street, Mothelwell m1eriaI wth the pBrmission of Ordnance Survey 00 behaif of the Conboiier of Her MajecVs Stationeryme ocrONnCopyrlght UnatiIhonsed Representation npmdun~on8nfringasCmw mpyright and may * had m prosecuton or civil pmasdRg6. Nom Lamitshire Counoi 100023398 2004 Reason: To ensure the site is free of contamination.

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

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

4. Notwithstanding the details shown on the approved plans, a 1 metre high boundary metal railing shall be constructed along the frontage of the parking area within the site which meets Anderson Street, details of which shall be submitted to, and approved in writing by the Planning Authority.

Reason: To safeguard the residential amenity of the area.

5. That before the development is brought into use, 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.

6. 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 for the approval of the Planning Authority, and for the avoidance of doubt the scheme requires to be approved by the Scottish Water and the Scottish Environment Protection Agency (SEPA) in terms of their principles of Sustainable Urban Drainage Systems (SUDS).

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.

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

Reason: To ensure the provision of satisfactory drainage arrangements.

8. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted.

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

9. That within one year of the occupation of the last flatted dwelling within the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 8 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

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

10. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of: - (a) the proposed footpaths shaded PINK on the approved plans; (b) the proposed parking areas hatched BLUE on the approved plans; and (c) the proposed grassed, planted and landscaped areas hatched GREEN on the approved plans.

Reason: To ensure proper maintenance of the area.

11. That before completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 10 shall be in operation.

Reason: To ensure proper maintenance of the area.

12. That no flat shall be occupied until the access roads, parking, manoeuvring areas and footways leading thereto from the existing public road have been constructed to base course level and that the proposed dropped kerb access shall not have have junction radii.

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

13. That before the last flat hereby permitted is occupied, all roads, parking, manoeuvring areas and footways shall be completed to final wearing course.

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

14. That notwithstanding details shown on the plans hereby approved, all footways within the site should have a minimum width of 2 metres to the satisfaction of the Roads Authority.

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

Background Papers:

Application form and plans received 24th April 2007 Amended plans received 25th June 2007

Memo from Head of Protective Services received 8th May 2007 Memo from Community Services received 8th May 2007 Memo from Geotechnical Team Leader received 15th May 2007 Memo from Transportation Manager received 23rd May 2007 and 27th June 2007

Letter from Scottish Water received 15th May 2007 Letter from Scottish Environment Protection Agency received 21st June 2007

Letter from Sabri Convenience Store, 224 Airbles Street, Motherwell, MLI IXF received 4th July 2007 Letter from Arshad Nawaz, 208 Airbles Street, Motherwell, MLI IXF received 4th July 2007 Letter from Mrs June McCann, 206 Airbles Street, Motherwell, received 5th July 2007 Letter from Carolyn Crowe, 212 Airbles Street, Motherwell, MLI IXF received 5th July 2007 Letter from James Carroll, 208 Airbles Street, Motherwell received 5th July 2007

Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005)

Any person wishing to inspect these documents should contact Ms Laura Murray at 01698 302134.

Date: 19th July 2007 APPLICATION NO. S/07/0069O/FUL

REPORT

1. Description of Site and Proposal

1.I Full planning permission is sought for the erection of four flatted dwellings on land adjacent to Anderson Street, Motherwell. The site in question is currently grassed open space which gently slopes to the northwest, The site is an irregular shape measuring approximately 38.6 metres in depth and 39 metres in width. It is proposed to erect one two-storey, maisonette block which will be for special needs housing. This block will measure 7.9 metres in height at the highest point of the hipped and pitched roof. A new access into the site will be formed from Anderson Street. It is proposed to have 6 parking spaces to the front of the development, one of which being a disabled space. There will be an area for turning next to this parking arrangement, to the south east of the site. It is proposed to have a communal rear garden area. This will be triangular in shape measuring 11 metres in depth. There will also be a side garden area to the south east of the proposed flatted development and divided front gardens measuring some 4.8 metres in length.

1.2 The site is surrounded by residential properties to the north, east and west with a local convenience store to the south of the site. The surrounding properties include two storey, four- in-a-block properties to the south west, three storey flatted properties to the east, a single storey retail unit to the south and a high rise flatted block to the north.

2. Development Plan

2.1 The site is zoned as L3 Protected Open Space within the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005).

3. Consultations and Representations

3.1 Scottish Water and SEPA commented on this application. Scottish Water confirmed that they have no objections to this application in principle, however confirmed that they cannot guarantee a connection to the existing infrastructure. SEPA confirmed that in relation to surface water, the principles of Sustainable Urban Drainage Systems (SUDS) should be implemented within this site. SEPA also commented on pollution prevention issues and domestic waste issues in terms of the storage of waste.

3.2 My Protective Services Section have commented that a site investigation report should be submitted. They also commented that the construction hours for noise producing works should be limited and suitable dust suppression measures should be put in place.

3.3 My Community Services Section have commented that there should be a form of boundary fencing erected to differentiate the new development with the existing surroundings; in the same respect, the parking area should be surfaced in a different material from the public road, and that there should be some form of planting and landscape works in the communal garden areas along with arrangements for refuse collection.

3.4 My Geotechnical Section commented that insufficient information had been provided to allow for further assessment to be made on drainage and flood matters. Although, they did confirm that there were no incidences of flooding within this vicinity, this should not be interpreted as an absence of flood risk.

3.5 My Transportation Section were consulted on the original layout submitted for this proposal and on a further amended layout which extended the site further south east increasing the turning facility within the site and on both occasions confirmed they had no objections subject to conditions that the proposed dropped kerb should not have junction radii; that all footways within the site have a minimum width of 2 metres and that the proposed turning area be sized as per the Guidelines for Developments Roads 1986 to allow for cars, and refuse and emergency vehicles to enter and leave in forward gear.

3.6 NLC Housing Department were consulted on this application however no response was received.

3.7 Five letters of objection have been received from residents on Airbles Street in relation to this application. The points of objection can be summarised as follows:

1. That the site is currently overdeveloped due to the high density housing surrounding the site, without adding further dwellings as proposed. 2. The proposal would result in the reduction of parking facilities to existing surrounding tenants and owners and result in an increase in traffic. 3. The proposed development would be detrimental to the surrounding area due to a loss of green belt and playing area and Blocks No. 1 and No. 3 being replaced with low density

4. Planninn Assessment and Conclusions

4.1 It should be noted that the application raises no strategic issues. This application must be assessed against the relevant development plan policies which are Southern Area Local Plan Policies L3 (Protected Open Space), HSG 5 (Housing for Rent, Shared Ownership and Special Need, HSG 11 (Infill Housing Development) and TR 13 (Assessing the Transportation Implications of Development), together with the Council’s Adopted Open Space Guidelines for minimum spacing requirements around dwellings.

4.2 The application site lies within an area of protected open space in the Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005). Policy L3 applies and states that the Council will seek to protect such areas from development which would adversely affect such spaces. Although this development will result in the loss of an area of protected open space, it is considered that this loss does not raise any significant issues given the alternative open grassed areas which exist within close proximity (less than 20 metres) to this site and the Duchess of Hamilton Public Park which is also located within walking distance (less than 260 metres). There is no objection from the Council’s Landscape Services Manager. The likely impact this proposal will have on the residential amenity of the surrounding area is assessed in further detail against Policy HSG 11 in paragraph 4.3 below.

4.3 In terms of this application being specifically for Special Needs Housing, Policy HSG 5 applies. This explains that the Council will support the continued involvement of housing associations and housing co-operatives in providing a range of housing opportunities. Although not identified specifically as a site for Special Needs Housing, this application does comply with the spirit and intention of Policy HSG 5.

4.4 In considering applications for infill residential developments on suitable gap sites, Policy HSG 11 applies and states that consideration is to be given to the:

1. Overall impact of the proposal on the character and amenity of the surrounding area, 2. Dimensions of the site relative to the proposed development and associated garden ground, 3. Effect of infill on the garden space, privacy, and sunlight received by surrounding properties, 4. Scale, materials, roof heighvpitch and window patterns, and 5. Provision of vehicular access and parking arrangements.

4.5 In assessing the impact of the proposal on the character and amenity of the surrounding area, it is considered that the proposed development in terms of the overall design, scale, materials and style is acceptable in this mixed residential setting. The site is bounded by residential dwellings which are of various style, height and finish, however this proposal will be in keeping with the existing maisonette flatted properties to the south west of the site which are finished in wet dash render with a mixture of roof tiles. The applicant proposes to finish the two-storey flatted development in dry dash render and concrete interlocking rooftiles, which is considered to be acceptable. There will be no privacy issues or detrimental impact on the amount of daylightlsunlight enjoyed by the surrounding dwellings due to the positioning of this block at an angle and the distance between the application site and surrounding dwellings. In terms of proposed garden ground, it is considered that these comply with the Council’s Adopted Open Space Guidelines even though this proposal is for Special Needs Housing. Thus the proposed development can generally satisfy criteria 1 to 4 of Policy HSG 11. The provision for vehicular access and parking arrangements are considered in the following paragraph.

4.6 In assessing the transportation implications of a development, Policy TR 13 is a material consideration and states that the Council will take account of various criteria including the impact of the development on road traffic circulation and road safety and the provision made for access, parking and vehicle manoeuvring. The applicant has submitted a detailed plan indicating that access be taken via a new 6 metre wide private access way from a section of Anderson Street which meets the Oakfield Tower high rise flatted block. This access will be located to the front of the proposed flatted block with the provision for 6 parking spaces within the site. It is considered that the proposal will not result in a significant increase in traffic at this location due to the small scale nature of the development. Parking provisions have been made to ensure there will be no increased on-street parking which is considered to be acceptable. My Transportation Section have confirmed they have no objections to this application subject to conditions that the proposed dropped kerb access should not have a junction radii, that all footways within the site have a minimum width of 2 metres and that the proposed turning area be sized as per Guidelines for Development Roads 1986. The points raised regarding the dropped kerb arrangement and all footpaths within the site to measure a minimum width of 2 metres can be added as conditions. However, Transportation confirmed that the proposed turning area within the site is below the required roads standard in that, although there is sufficient space for vehicle manoeuvring, there is not sufficient space to allow for the manoeuvring of larger refuse and emergency vehicles within the site. It is considered that there is no alternative layout possible within this restricted site and the manoeuvrability of such larger vehicles can be achieved by utilising the section of road to the north west of the site out with the application site boundary. NLC Roads Maintenance have confirmed that this section of road is adopted and therefore can be used for such a right of access. On balance, this is considered to be an acceptable arrangement for this proposal and a partial turning area is still provided within the site. Taking the above matters into account, it is therefore considered that the application complies with Policy TR 13.

4.7 In relation to the points of objection raised, I would comment as follows:-

1. The comment made that this area is currently overdeveloped due to the high density housing surrounding the site, without adding further dwellings as proposed has been considered in paragraph 4.5 above. 2. The issue that the proposal would result in the reduction of parking facilities to existing surrounding tenants and owners and result in an increase in traffic has been assessed in paragraph 4.6 above. Parking is provided within the site and the proposal does not displace any established formalised parking court. 3. The proposed development would be detrimental to the surrounding area due to a loss of green belt and playing area and Blocks No. 1 and No. 3 being replaced with low density has also been assessed in paragraph 4.2 above.

4.8 With regards to the responses received from other consultees such as Scottish Water, SEPA, NLC Community Services, Protective Services and Geotechnical, all matters may be addressed through the imposition of planning conditions. My Geotechnical Section commented that insufficient information had been provided to allow for further assessment to be made on drainage and flood matters. Although, there were no incidences of flooding within this vicinity, they confirmed that this should not be interpreted as an absence of flood risk. However, given the non-objection from Scottish Water and SEPA and taking into account that this proposal is for a small scale residential development within an infill urban location and in light of the level of open space within the site that could accommodate drainage infrastructure, it is considered that further details on drainage would not be required in this instance subject to appropriable conditions. The water can be covered by a condition that could be used for drainage infrastructure. Although Transco and Scottish Power were not consulted on this application, advisory notes shall be added to ensure the applicant contacts them direct for further information.

4.9 In conclusion, the proposed residential development is contrary to local plan policy L3 Protected Open Space. However, following consideration of the proposal in terms of the location of the site, the mix of house types in the vicinity and the physical dimensions of the site, it is considered that the proposal is an acceptable departure from the Local Plan. The development is considered acceptable in terms of design, scale, layout and the impact upon the character and amenity of the neighbouring properties. The application therefore complies with Policies HSG 5, HSG 11 and TR 13 of the Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005) in addition to the Council's Adopted Open Space Guidelines. It is therefore recommended that planning permission be granted subject to conditions. Application No: S/07/00742/FUL

Date Registered: 27th April 2007

Applicant: Rosemount Scotland LLP 5 Fitzroy Place Glasgow G3 7RH

Agent The John Russell Partnership Anderson House Dundyvan Road Coatbridge ML5 IDB

Developmen Formation of Public House Pavement Seating Area

Location: Rascal’s 20 Caledonian Road Wishaw ML2 8AR

Ward: 20 Wishaw: Councillors Adamson, Love, McKay & Pentland

Grid Reference: 279651 654995

File Reference: S/PL/BF/I 0/35/MW/GF

Site History: No relevant site history

Development Plan: The site is zoned as a Town Centre Area in the Finalised Draft Southern Area Local Plan [June 2001,2004 & 20051

Contrary to Development Plan: No

Consultations: Strathclyde Police (Comments)

Representations: 1 letter of representation received

Newspaper Advertisement: Yes

Recommendation: Refuse for the Following Reasons:-

1. That the proposal is contrary to policies RTL 11 and TR 13 of the Southern Area Local Plan Finalised Draft (modified 2001, 2004 and 2005) in that the licensed seating area will unacceptably narrow the width of the town centre footpath to the detriment of pedestrian safety and that the proposed licensed seating area will have an unacceptable impact on the residential amenity currently enjoyed by nearby residents in respect to general disturbance.

2. That should planning permission be granted for this development a precedent may be set which would make it difficult for the Planning Authority to refuse other similar applications to the cumulative detriment of pedestrian circulation in the town centre. Produced by Planning Application NO. S I07 100742 I FUL NO* Lrnarksh!re Council Planningand Environment Dept Formation of PUMIC House Pavement Seams Area Flaming House, 2 Tryst Road Rascals, 20 Caledonisn Rcad. Ushaw Cumbemauld. 587 1JW Representation bi01236 61B210 fax 01236 618232 Background Papers:

Application form and plans received 23rd April 2007

Letter from Michele Nicol, 22 Caledonian Road, Wishaw, ML2 8AR received 3rd May 2007

Glasgow and Clyde Valley Structure Plan 2000 Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005)

Any person wishing to inspect these documents should contact Mr Mick Welsh at 01698 302099

Date: 19th July 2007 APPLICATION NO. S1071007421FUL

REPORT

Description of Site and Proposal

Full planning permission is sought for a licensed pavement seating area to the front of Rascal's Public House, 20 Caledonian Road, Wishaw. The proposal comprises a seating area of Im wide by approximately 9.7m long extending along the facade of the building to the edge of the main entrance. It is proposed that 4 tables (with 2 chairs each) are located to the front of the building leaving the main entrance clear. Barriers located 1m from the building are also proposed to separate users of the tables from pedestrians. It is proposed that barriers, tables and chairs are removed each evening. The front of the public house is situated 3.43m from the road edge, part of the wider front building line of buildings on this section of Caledonian Road. The entrance to the building is approximately 40m from the busy intersection of Wishaw East Cross. Buildings on the opposite side of Caledonian Road are configured in much the same way, with a similar width of pavement. Buildings on both sides comprise ground floor businesses with upper floor flats. Several flats are located above Rascal's which are accessed via a single door between Rascal's and the flower shop at number 28.

Development Plan

The site is zoned as falling within Wishaw Town Centre Area Policy RTL 5 (Town Centre Areas) in the Southern Area Local Plan [Finalised Draft June 2001, 2004 & 20051.

Consultations and Representations

My Transportation Team Leader expressed concerns regarding the proposed furniture and barriers which would be considered an obstruction within the public road. It is highlighted that the applicant would be committing an offence under Section 59 of the Roads (Scotland) Act 1984 should such items be placed at this location. On a practical basis, it is highlighted that the normal width of a footway in a town centre environment in 3.5 metres. The footway at this location is currently less than that (3.43 metres) and would be reduced further to 2.43 metres as a result of this proposal, which would be to the detriment of the safety of pedestrians. The setting up and removing of the street furniture is also considered to have safety implications due to the reduced footway width. Possible liability of North Lanarkshire Council in any future accidents is noted. It is recommended that Planning Permission be refused.

Strathclyde Police have expressed concern that anyone drinking in the proposed seated area would be in a public place and would, therefore, be drinking in an unlicensed area. It is noted however that the applicant intends applying for the appropriate licence. Strathclyde Police have indicated that the proposal, if granted, may increase anti-social behaviour and disruption to neighbours, thus requiring greater policing needs. They also express concern that the removable barriers and furniture can also potentially be used as weapons should any disturbance occur. Whilst Strathclyde Police recommend against the proposal, it is highlighted that they would prefer that all components are fixed permanently to the pavement or wall should planning permission be granted.

One letter of objection has been received from a neighbouring resident. The objector expresses concerns regarding potential increased noise and smoking pollution on the street below their place of residence and potential increased distress which she and her daughter would have to endure entering or leaving their home with increased numbers of persons drinking on the street. 4. Planning Assessment and Conclusions

4.1 This proposal requires to be assessed against the development plan and any other material considerations. In this instance, the application is not of strategic significance and can be assessed wholly against the Southern Area Local Plan Finalised Draft (modified 2001, 2004 and 2005).

4.2 The application site is zoned as falling within Wishaw town centre and policy RTL 5 applies. Policy RTL 5 states that the Council will seek to protect and enhance the retail and commercial function of Town Centre by accepting Changes of Use to Class 3 Food and Drink in circumstances where they do not adversely affect the character and amenity of Town Centre Areas and accord with the provisions of Policy RTL 11 (Assessing Applications for Bad Neighbour Development), Policy RTL 11 is therefore also relevant and states that in assessing proposals for the establishment of uses such as public houses, the Council will consider, amongst other things, the impact of the proposal on the character and amenity of adjoining properties and the surrounding environment; and the proposal’s impact on pedestrian safety. Policy TR 13 (Assessing the Transportation Implications of Development) is relevant in assessing further the impact of the proposal on pedestrian safety, circulation and the impact on the public road network.

4.3 As the public house is well established at this location, the ‘principle’ of this form of development is acceptable under the terms of policy RTL 5, subject to meeting the criteria contained in policies RTL 11 and TR 13. In respect to policy RTL 11, it is considered that while the surrounding area contains a mix of uses (including the established public house), it should be acknowledged that the area also contains residential properties, notably above the existing public house subject of this application. It is considered that the close proximity of this licensed seating area to established residential properties (including the entrance door to the flats above) is not appropriate and would result in an unacceptable detrimental impact by virtue of potential general noise and disturbance. I would also highlight the comments made by Strathclyde Police’s Architectural Liaison Officer who recommends against the proposal for reasons including potential anti-social behaviour and neighbour disturbance. In respect to criteria on the resulting mix of retail and non-retail uses and design elements, these are considered acceptable.

4.4 Pedestrian safety and transportation issues are considered by both policies RTL 11 and TR 13. It is considered that the proposal would create a potentially dangerous situation for passing pedestrians by reducing the available width of the footway for pedestrian movement and create a hazard in the setting out and taking in of street furniture. I refer to comments made by my Transportation Team Leader who recommended refusal of the application in paragraph 3.1 above. I would concur with the points made and consider that the proposal conflicts with the spirit and intentions of both policy RTL 11 and policy TR 13 in this respect. I also consider that granting this proposal could create a precedent making it difficult for the Planning Authority to refuse other similar applications in future, resulting in a cumulative detrimental impact on pedestrian safety in the town centre.

4.5 The objection submitted following standard notification procedures expressed concerns regarding potential increased noise and smoking pollution close to an established place of residence and potential increased distress when entering or leaving homes with increased numbers of persons drinking on the street. I refer to paragraph 4.3 above and would agree that the licensed seating area at this location would have an unacceptable impact on the residential amenity of adjacent established properties.

4.6 In conclusion, it is consider that the proposal does not accord with Policies RTL 11 and TR 13 of the Southern Area Local Plan Finalised Draft (modified 2001, 2004 and 2005) in that it will have a detrimental effect on the amenity of nearby residential properties and a deleterious impact on pedestrian safety. For these reasons it is recommended that this proposal is refused. Application No: S/07/00996/FUL

Date Registered: 4th June 2007

Applicant: W McCI uskey 50 Jerviston Road Motherwell MLI 4AA

Development: Erection of Dwellinghouse and Garage

Location: Land Adjacent To 236 Jerviston Street New Stevenston Motherwell MLI 4HT

Ward: 17 Motherwell North: McAuley, McKenna, Nolan and Stewart

Grid Reference: 276060658799

File Reference: S/PL/B/5/7/LMU/GF

S/01/00343/OUT Construction of Dwellinghouse (In Outline) Site History: (Granted 05/06/01) S/02/00835/OUT Erection of 1 No. Dwelling in Outline (Granted 11/09/02) S/04/00261/REM Erection of Dwellinghouse and Garage (Granted 30/04/04) S/05/0151I/REM Erection of Dwellinghouse and Garage (Granted 14/12/05)

Development Plan: The site is zoned as HSG 8 Established Housing Areas within the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005)

Contrary to Development Plan: No

Consultations: Greenbelt Group Ltd

Representations: 1 letter of representation received

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. Produced by Planning Application No. S / 07 / 00996 / FUL North Lanaibhire Council Planning and Environment Oept Fleming HOUW2TrystROad Erection of Dwellinghouse and Garage Cuinbeinauld 087 1JW tel01236 616210 tax 01238 618232 Land Adjacent To 236 Jewiston Street, N Th!s map iz reproducsd from Ordnance Svmey New Stevenston, Motherwell mterial wth me prmlsrnrn of Ordnanca Sunrev en behalf of the Controllet of Her MapsNs stationery Onice 0 Crwn capyrtght Unauthonssd Representation reprduct,on ~nhingescrowcopyright and may * lasd to pmrecubon or civil pmceedings North Laoarkshiie Counc~I1OOO-TuGB 2004 2. That before the development hereby permitted starts, full details of all external materials to be used in construction, including walls, roofs, windows, doors, gutters and downpipes, shall be submitted to, and approved in writing by the Planning Authority.

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

4. That notwithstanding the requirement of Condition (3) above, before the development hereby permitted is occupied, a 2 metre high, close boarded timber screen fence shall be erected along the boundary marked BLUE on the approved plans.

Reason: To ensure the appropriate boundary treatment is implemented in the interests of residential amenity.

5. That no trees within the application site shall be lopped, topped, felled, or otherwise affected, without the approval in writing of the Planning Authority.

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

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

Reason: To safeguard the residential amenity of the area.

7. That the use of the upper floor of the garage hereby permitted shall be restricted to incidental ancillary accommodation to the dwellinghouse on the site and shall not be used as separate dwelling or unit of accommodation.

Reason: To define the permission.

8. That before the development starts, full details of the location and design of the surface water drainage scheme to be installed within the application site shall be submitted to and for the approval of the Planning Authority, and for the avoidance of doubt the scheme shall comply with the Scottish Environment Protection Agency's (SEPA) principles of Sustainable Urban Drainage Systems (SUDS).

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

9. That notwithstanding the details shown on the approved plans, the windows shaded ORANGE on the approved plans shall be finished in opaque or frosted glass and thereafter retained as such to the satisfaction of the Planning Authority.

Reason: In the interests of residential amenity and to allow the Planning Authority to consider the aspects in detail.

10. That access into the site be via a dropped kerb footway crossover consisting of a 3 metre dropped kerb area and 2 No. 1 metre transitions. Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings.

11. That the proposed driveway be paved/surfaced for the first 2 metres from the heel of the footway in an impervious material to be approved in writing by the Planning Authority.

Reason: In the interests of road safety and to stop deleterious material being carried onto the public road.

Background Papers:

Application form and plans received 4th June 2007

Memo from Transportation Team Leader received 15th June 2007

Letter from Greenbelt Group Ltd received 20th June 2007 Letter from Jason Macready & June Gilmour, 236 Jerviston Street, Motherwell, received 28th June 2007

Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005)

Any person wishing to inspect these documents should contact Ms Laura Murray at 01698 302134.

Date: 17 July 2007 APPLICATION NO. S/07/00996/FUL

REPORT

1. Description of Site and Proposal

1.I Full planning permission is sought for the erection of a dwellinghouse on land adjacent to 236 Jerviston Street, New Stevenston. Outline planning permission and an application for Reserved Matters currently exists on this site however has since expired (Reference S/01/00343/OUT granted 05/06/01 and S/04/00261/REM granted 30/04/04). It is proposed to erect a single storey dwellinghouse with attic accommodation fronting onto Jerviston Street. The dwelling will have a footprint of approximately 136 square metres and will measure 6.4 metres in height at the highest point of the pitched roof. It is also proposed to erect a detached double garage which will be located 5.5 metres to the front of the proposed dwelling and shall be parallel to the southern boundary of the site. The garage will measure 64 square metres and 6.3 metres in height. This will also have a pitched roof and will have a storage room within the attic space above. The proposed dwelling will have a rear garden measuring 10 metres in length and a front garden which will set the dwellinghouse back 40 metres from the road, Access for this dwelling shall be taken from a new 3 metre wide dropped kerb arrangement off Jerviston Street.

1.2 The property lies at the edge of an established residential strip comprising three other dwellings. The site is surrounded by residential properties to the north and east with an area of open space to the west and south of the site. The surrounding properties are a mixture of single storey, detached dwellings with dormers and detached two-storey properties.

2. Site Historv

2.1 The site history is of relevance to this application due to the previous planning applications which involved the sub-division of the original plot at 236 Jerviston Street. Outline planning permission and an application for Reserved Matters were previously approved on this site, however both have since expired (Reference S/O1 /00343/OUT granted 05/06/01 and S/04/00261/REM granted 30/04/04). This consent related to the same site boundary and a dwelling of identical style and finish to that which is currently under consideration.

2.2 Other consents granted on this site include S/02/00835/OUT Erection of I No. Dwelling in Outline (Granted 11/09/02) and the subsequent Reserved Matters S/05/0151 l/REM Erection of Dwellinghouse and Garage (Granted 14/12/05). This consent relates to the sub-division of the plot creating a dwelling to the rear of No. 236. This dwelling is now complete.

3. Development Plan

3.1 The site is zoned as Policy HSG8 (Established Housing Areas) in the Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005).

4. Consultations and Rewesentations

4.1 Greenbelt Group Ltd. requested to be consulted on this application due to land to the south of the site being within their ownership. They confirmed they have no objections to this application provided that due consideration is taken of the woodland belt across the road from the site to which the positioning of the building and construction activity should take into account.

4.2 My Transportation Section confirmed they have no objections to this proposal subject to conditions that access should be via a dropped kerb footway crossover consisting of a 3 metre dropped kerb area and two 1 metre transitions. They also require that the proposed driveway be paved or surfaced for the first 2 metres from the heel of the footway. The developer should ensure that there are no surface water issues from the driveway onto the public road and footway and that if an access gate were to be erected, this should open inwards.

4.3 There has been one letter of objection received following the neighbour notification process. The points of objection can be summarised as follows:

1. The building line of the proposed property shows that it will be situated forward of the property at 236 Jerviston Street and a request to step the dwelling back to be in line with No. 236 has been made. 2. The objector requests that all windows looking onto their property at No. 236 be kept to a minimum and frosted. The proposed upper floor level balcony is considered to be overly intrusive to the objector's property at No. 236. 3. The height of the building should be kept at a height no greater than No. 236 to ensure there is no impact on the amount of sunlight into their property. 4. The proposed garage should not be used for any other purpose such as for separate accommodation as this will overlook the objector's property at No. 236. 5. The proposed property should not be used for the base to run a business or for the parking of any commercial vehicles as it is considered this will detract from the aesthetics of the neighbouring properties.

5. Planninn Assessment and Conclusions

5.1 It should be noted that the application raises no strategic issues. This application must be assessed against the relevant development plan policies which are Southern Area Local Plan Policies HSG 8 (Established Housing Areas), HSG 11 (Infill Housing Development) and TR 13 (Assessing the Transportation Implications of Development), together with the Council's Adopted Open Space Guidelines for minimum spacing requirements around dwellings.

5.2 The application site lies within an Established Housing Area in the Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005). Policy HSG 8 applies and states that the Council will seek to protect the established character and amenity of existing and new housing areas. In principle the use of the site for residential purpose is therefore acceptable.

5.3 In considering applications for infill residential developments on suitable gap sites, Policy HSG I1applies and states that consideration is to be given to the:

1. Overall impact of the proposal on the character and amenity of the surrounding area, 2. Dimensions of the site relative to the proposed development and associated garden ground, 3. Effect of infill on the garden space, privacy, and sunlight received by surrounding properties, 4. Scale, materials, roof heighvpitch and window patterns, and 5. Provision of vehicular access and parking arrangements.

5.4 In assessing the impact of the proposal on the character and amenity of the surrounding area, it is considered that the proposed development in terms of the overall design, scale, materials and style is acceptable in this residential setting. The site is predominantly bounded by residential dwellings which are all similar in style however finished in a mix of materials. The applicant proposes to construct a detached, single storey dwelling with attic accommodation which is considered to be in keeping with the scale and character of the surrounding residential area. There will be no privacy issues or detrimental impact to the amount of daylighffsunlight of the surrounding dwellings given the configuration of and sufficient distance between the existing dwellings and this proposal. Furthermore, the proposed rear roof terrace will measure 18 metres away from the neighbouring dwelling at 1 Cobbleton Road and will overlook a section of garden ground only which is considered to be acceptable. In terms of proposed garden ground dimensions of the proposed house, these comply with the Council’s adopted Open Space Guidelines. Thus the proposed development can generally satisfy criteria 1 to 4 of Policy HSG 11, The provision for vehicular access and parking arrangements are considered in the following paragraph.

5.5 In assessing the transportation implications of a development, Policy TR13 is a material consideration and states that the Council will take account of various criteria including the impact of the development on road traffic circulation and road safety and the provision made for access, parking and vehicle manoeuvring. The applicant proposes a 3 metre wide driveway with access being taken from Jerviston Street. The applicant has provided details showing a turning area to be located to the front of the proposed garage which will allow for manoeuvrability within the site allowing vehicles to enter and leave in forward gear. My Transportation Section confirmed they have no objections to this arrangement subject to conditions that access should be via a dropped kerb footway crossover consisting of a 3 metre dropped kerb area and two 1 metre transitions and that the proposed driveway be paved or surfaced for the first 2 metres from the heel of the footway. The developer should also ensure that there are no surface water issues from the driveway onto the public road and footway and that if an access gate were to be erected, this should open inwards. All matters raised may be addressed through the imposition of planning conditions. As such, it is therefore considered that the application complies with Policy TR 13.

5.6 In relation to the points of objection, I would comment as follows:-

1. The objector’s concern relating to the building line of the proposed property being in a position forward of the property at 236 Jerviston Street and the request to step the dwelling back to be in line with No. 236 cannot be justified. It is considered that the location of the proposed dwelling is acceptable to meet the Council’s minimum open space guidelines which include a minimum rear garden length of 10 metres and this has been adhered to in this case, Furthermore, the streetscape at this location is scattered with no uniform spacing and the positioning of the proposed dwelling is therefore considered to be acceptable in this case. 2. The objector’s request that all windows looking onto their property at No. 236 be kept to a minimum and that frosted glass be used has been taken into account and can be addressed through the imposition of planning conditions. In relation to the proposed upper floor level balcony being overly intrusive to the objector’s property at No. 236, it is considered that the balcony is acceptable in this setting. The proposed dwelling is stepped back 3 metres from the rear of the objector’s property and as such any overlooking will be to the gable end of this existing dwelling only. Although there is one window on this gable end, there are no windows at the section of the existing dwelling which shall be directly overlooked by the proposed balcony, this is further justified given the single storey height of this existing property and the juxtaposition of the proposed dwelling. 3. The objector’s concerns that the height of the building be no higher than No. 236 to ensure there is no impact on the amount of sunlight into their property has been taken into account. The height of the property is that of a single storey dwelling similar to the existing dwelling and shall therefore have no impact on the established dwelling’s sunlight. 4. The concerns relating to the proposed garage not being used for any other purpose such as for separate accommodation as this will overlook the objector’s property at No. 236 can be addressed by the imposition of a planning condition. Given the size of this plot, it is considered that a large garage can be accommodated from a visual perspective. 5. The objector’s request regarding the proposed property not to be used for the base to run a business or for the parking of any commercial vehicles can also be addressed through a planning condition.

5.7 With regards to the response received from Greenbelt Group Ltd. about consideration of the woodland belt across the road from the site, this is not considered to be a material planning consideration given the distance between the proposed dwelling and this woodland area. It is considered that this area will not be affected by this proposed development.

5.8 In conclusion, the application complies with Policies HSG 8, HSG 11 and TR 13 of the Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005) in terms of the acceptability of the design, scale, layout, access and the impact upon the character and amenity of the neighbouring properties and the proposal is generally in line with the Council’s adopted Open Space Guidelines. I therefore recommend that planning permission is granted. Application No:

Date Registered: 7th June 2007

Applicant: Mrs Sabar 38 Atlin Drive New Stevenston Motherwell MLI 4FB

Agent lan Reid 9 Dillarsview Lesmahagow MLll OFD

Development: Erection of Two Storey Extension to Side of Dwellinghouse and Integral Garage Conversion

Location: 38 Atlin Drive New Stevenston Motherwell MLI 4FB

Ward: 17 Motherwell North: Councillors McAuley, McKenna, Nolan and Stewart

Grid Reference: 276900659411

File Reference: S/PL/BF/5/28/GSM/GF

Site History: 07/00127/FUL Erection of Single Storey Side Extension and Conversion of Integral Garage to Form Habitable Room. Granted May 2007.

Development Plan: The site is zoned as HSG 8 (Established Housing Areas) on the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005)

Contrary to Development Plan: No

Consultations: None

Representations: 1 letter of representation received

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

Reason: To ensure that the extension matches the external appearance of the existing dwellinghouse.

3. That before the development starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to and approved by the Planning Authority.

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

4. That the existing double width driveway as shown on the approved plans shall be retained within the site at all times to the satisfaction of the Planning Authority.

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

Background Papers:

Application form and plans received 7th June 2007

Letter from Karen Adams, 41 Atlin Drive, New Stevenston, Motherwell, North Lanarkshire, MLI 4FB received 29th June 2007

Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005)

Any person wishing to inspect these documents should contact Mr Graham Smith at 01698 302081.

Date: 13 July 2007 APPLICATION NO. S/07/01005/AMD

REPORT

1. Description of Site and Proposal

1.1 Planning consent is sought for the erection of a two storey side extension and the conversion of an integral garage to habitable room at 38 Atlin Drive, New Stevenston. The property is a two storey detached dwellinghouse located within an established residential area and is bound by dwellings to the front, rear and one side. Beyond the other side boundary (the side of the extension) is an area of open space and landscaping leading onto the A723 road, which itself is at a raised level. This proposal is an amendment to a previous consent for a single storey side extension and conversion of the integral garage to a habitable room, which was approved in May 2007. This amended proposal changes the height of the proposal to two storey.

1.2 The existing integral garage will be converted to a family room and the side extension will create an integral garage and gym on the ground floor and two bedrooms on the first floor. The extension will project 3.5 metres from the west side of the property and will be 8 metres in width maintaining the building line at the front and rear. The extension will have a pitched roof that will tie in with the existing house.

2. Development Plan

2.1 The proposal raises no strategic issues in terms of the Glasgow and Clyde Valley Joint Structure Plan 2000 and can therefore be assessed against Local Plan Policies.

2.2 The site is covered by Policy HSG 8 (Established Housing Areas) of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005)

3. Consultations and Representations

3.1 One letter of objection was received from the owners of 41 Atlin Drive, New Stevenston. Their objections can be summarised as follows:

i. The size of the proposal will result in the house becoming out of scale with existing properties in the estate. ii. The proposal will add to traffic problems. Currently 5 cars use the property, 4 of which barely fit into the existing driveway. The extension will ensure that they lose 2 spaces and exacerbate the on street parking which is already a major problem.

4. Planninn Assessment and Conclusions

4.1 Planning applications require to be assessed against the Development Plan and other material considerations. In this instance the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) is relevant, where the site is zoned as HSG 8 (Established Housing Areas).

4.2 Policy HSG 8 seeks to protect the established character of existing housing areas by opposing development that adversely affects their amenity. Applications for extensions in such areas are acceptable subject to meeting the requirements of Policy HSG 13 (House Extensions).

4.3 Policy HSG 13 sets out various criteria for assessing such applications, including the size, proportion and position of extensions, the effect on the amount of garden ground retained and the impact on the streetscene. The impact of the proposal on neighbouring properties is also considered as is effect on privacy, daylighffsunlight, parking provision and access. The design details are also considered.

4.4 The proposed extension to the side and garage conversion are considered to be acceptable in terms of design, size and scale and it is considered that they will integrate satisfactorily with the exiting dwellinghouse. I propose a condition to ensure finish materials would tie in with the existing house. The proposal retains an acceptable amount of garden ground and it is not considered that the extension will dominate the original building.

4.5 Regarding the relationship that the proposal will have with neighbouring properties, it will project out to the east where there is currently an area of open space leading onto the A723 road. The closest windows on adjacent houses will be in excess of 20 metres away. Therefore, it is not considered that there will be an impact on the amount of daylighffsunlight enjoyed by surrounding properties or any adverse overlooking effects.

4.6 In relation to parking provision, the integral garage contained on the ground floor of the proposed side extension will retain one off street parking space. In addition to this there is a monoblocked area at the front that contains acceptable parking provision for two cars. This is considered to be an acceptable level in light of current standards.

4.7 On the grounds of the objections raised, I would comment as follows:

i. In relation to the size and scale of the proposal as indicated in paragraph 4.4 this is considered to be acceptable as the proposal retains an adequate amount of garden ground and the proposal will not dominate the original dwellinghouse. The extension will be positioned on the far side elevation of the end house in the CUIde sac in a non prominent location. It is considered, therefore, there will not be a significant visual impact on the wider street scene. ii. As detailed above in paragraph 4.6 in relation to the impact of the proposal on off street parking it is considered that there will be an acceptable level of parking within the site with the integral garage and monoblocked, double width driveway.

4.8 In conclusion I am satisfied that the design and impact of the extension and integral garage conversion are acceptable from a planning viewpoint and the proposal is therefore in compliance with the development plan. Notwithstanding the objection raised by the neighbour and for the reasons stated above, it is recommended that planning permission be granted subject to conditions.