--
Signed as relative to paragraph...... I of the minutes of the meeting of t
North-- Commitee of...... \3/..ak? ...... Lanarkshire Council
DEPARTMENT OF PLANNING AND DEVELOPMENT
Planning Applications for consideration of Planning and Development Committee
Committee Date : 13th August 11997
Ordnance Survey maps reproduced from Ordnance Survey with the permission of HMSO Crown Copyright reserved APPLICATIONS FOR PLANNING AND DEVELOPMENT COMMllTEE 13 AUGUST 1997
Page No. Application No. Applicant Developmentbcus Recommendation
7 N/97/00 1 1 8/FU L Mr. A. Ross Erection of Front Porch and Double Grant GarageIStore, 19-21 Cronulla Place, Kilsyth
11 N/97/00 129/FUL Mr. J. Wilson Erection of Two Dwellinghouses, Refuse Auchinstarry Farm, Kilsyth
17 N/97/00137/FUL Bass Taverns/ Change of use from Car Park to form Grant Tennents Taverns Beer Garden, 138 Cumbernauld Road, Muirhead
22 N/97/00 154lFUL Mae Wilson Siting of Hot Food Takeaway Refuse Caravan, Site adjacent 8 Carrickstone Road, Cumbernauld
26 N/97/00 1 59/FU L Marga ret Hosie Change of use of Footpath to Grant Garden Ground - Footpath between 22 and 24 Truro Avenue, 0 Moodiesburn 33 N/97/00 6/FU L Brown and Erection of Dwelling (Alterations to Grant McLau ri n Previously Approved Design), Site adjacent to 1 The Mailings, Banton
39 NI9 710 0 67/FU L Enable (SSMH) Erection of Portacabin to form Grant G.S.T. Multi-Sensory Awareness Room, 90 Rose Street, Cumbernauld
44 NI97100 1 69/FU L James Love Change of use to Storage and Grant Distribution of Heavy Goods Vehicles and Portacabins, 24A Lenziemill Road, Cumbernauld
49 NI9710 1 77/FUL Kenneth Sillars Change of use from former Bank to Grant Coffee Shop, 2 Ettrick Walk, The Town Centre, Cumbernauld
N/97/00 1 78/FU L lan Heron Relocation of Garden Fence, Grant e 53 16 Gartshore Gardens, Cumbernauld 57 N/97/00 89lFUL Mr. and Mrs. J. Change of use of Footpath to Grant Drummond/Others Garden Ground, Site Adjacent to 2-8 Stoneyetts Road, Chryston
64 N/9 710 0 94/OUT Highwynd Limited Erection of Single Storey Dwelling Grant (In Outline), Plot 5 Carrickstone Farm, Eastfield Road, Cumbernauld
71 N/97/00202/FUL Dr. A. M. Smith Extension to Surgery to form Clinic Grant and Partners and Pharmacy, Kenilworth Medical Centre, Kenilworth Court, Cumbernauld
74 C/97/088/FU L Mr. K. Bradley Erection of Dwellinghouse. Land Refuse adjacent to 6A Albert Place, Airdrie 2
Page No. Application No. Applicant DevelopmentLocus Recommendation
79 Cl9711 29lAME N D W. H. Malcolm Removal of Condition 12 of Refuse Limited Ml891021 Re. Happing of Lorries, Medrox Quarry, 296 Birkinshaw Road, Annathill a4 85lN ID North Lanarkshire Alteration and change of use of 2 Grant Council no. Flats to form local Area Housing Office, 93 and 107 Kellock Avenue, Coatbridge
90 88lFUL Mr. B. McKay Erection of Class 1 Shop Unit, Grant 10 Forge Road, Airdrie
96 Cl9711 98lFUL Mr. J. Hughes Formation of Driveway and Parking Refuse Area, 208 Blairhill Street, Coatbridge
101 Cl97l220lFU L Robin brook Change of use of shop to Hot Food Grant Limited shop, 22 South Bridge Street, Airdrie
Cl97l222lFU L Dixon Stores Installation of Air Conditioning Grant Group Equipment with security screen, Currys, Unit 1, Airdrie Retail Park, Gartlea Road, Airdrie
110 C/97/230lMI N West of Scotland lnfilling of Former Reservoir N. E. of Grant Water Authority Newhouse Roundabout, Old Edinburgh Road, Salsburgh
117 Cl97123 210 UT Mrs. J. Gulliver Erection of 5 Houses and Garages Refuse (P) (In Outline), Ryefield Avenue, Coatbridge
123 C/97/24OlMIN Mr. P. Gillooly Revised site entrance and Grant importation of inert materials. Amendment to P. A. 95472 North Linrigg Farm, Linrigg Road, Sals burgh
129 Cl971257lLBC M. M. Henderson Paintwork to upper part of Shopfront Refuse (P) Limited (Retrospective) Listed Building Consent, 2 Bank Street, Airdrie
133 Cl9712581FUL M. M. Henderson Paintwork to upper part of Shopfront Refuse (P) Limited (Retrospective), 2 Bank Street, Airdrie
137 Cl971292lMI N J. W. Soils Limited Amendment to Condition 3 of Grant Planning Consent 94582 for Time Extension to period of Operation for Consolidation, Opencast Coat Site on Land East and West of Arbuckle Road and South of Ballochney Road, Plains
144 537192 H. F. Homes Residential Development, Castlehill Refuse (P) Road, Gowkthrapple, Wishaw 3
Page No. Application No. Applicant Development/Locus Recommenddion
153 S197100791FU L Mr. Raymond Change of use from Warehouse to Grant Oates Storage Distribution, Depot at 609 Main Street, Mossend
156 SI97100 1 68lOUT Mrs. M. Kennedy Construction of Two Dwellinghouses Grant (P) at Greenhill Farm, Hareshaw, Cleland
164 S/97/0002221FUL Mr. W. Chapmon Change of use of Existing building to Refuse form Three Residential Chalets at Garrion Form, Horsley Broe, Garrion Bridge, Wishaw
167 SI97/00268/FU L Motherwell Formation of Football Play Area at Grant Football and Knowetop Avenue, Motherwell Athletic Club Limited
SI9710028 1/OUT Mr. McKindless Erection of Dwellinghouse with New Grant (P) Access at 10 1 Main Street, Bogside, Newmains, Wishaw
177 S1971002851FU L Mr. J. Hunter Construction of Dwelling, House at Grant (P) West Tarbrax Farm, Shotts
181 Sl97100287lFUL British Steel PLC Emplacement of Fill In Former Slag Grant Beds Lagoons, Discharge of Overlying Waters, Re-profiling of Embankments and adjoining Stockpiles at Ravenscraig Works, Motherwell
187 S1971003041FUL Botterills Alterations to shopfront and part Grant Convenience Store change of use of shop to Hot Food Takeaway at 1 14 Manse Road, Newmains
S1971003231FU L Mr. M. Hussain Change of use from shop to Hot Refuse Food Takeaway at 122 North Road, Bellshill
196 SI9710033 1lFUL Sometfield House Extension to Car park at Refuse 2751277 Main Street, Bellshill
20 1 S/97/00349/AMEND M. Ashraf Formation of 4 Flatted Houses over Grant Existing Shop at 349135 1 Shields Road, Motherwell (Amendment to Consent 527195)
205 Sl9710000364lAMEND Charles Grant Alterations to Conservatory Grant (Retrospective) at 43 Kethers Street, MotherwelI
210 S1971003661FUL Safeway Stores Redevelopment of Petrol Filling Grant Station including Kiosk and Car Wash at John Street, Bellshill 4
Page No. Application No. Applicant DevelopmentLocus Recommendation
21 3 S/~~JOO~~~JFUL Mr. D. Oates Extension to Public House to form Grant Beer CellarJSpirit Store, Red Lion at 48 Jerviston Road, New Stevenston
N LCADMINMPPD 1 3AU.PS C/97/232/OUT Mrs J Gulliver Refer to Secretary of State Refuse (P) 117
C/97/257/LBC M.M.Hendersons Ltd Refer to Secretary of State Refuse (P) 129
C/97/258/FUL M.M.Hendersons Ltd Refer to Secretary of State Refuse (P) 133
537/92 H.F.Homes Refer to Secretary of State Refuse (P) 144
S/97/00168/OUT Mrs M. Kennedy Section 75 Agreement to be concluded Grant (P) 156
S/97/00281/OUT Mr McKindless Section 75 Agreement to be concluded Grant (P) 172
S/97/00285/FUL Mr J Hunter Section 75 Agreement to be concluded Grant (P) 176 Application No: N/97/00 1 18/FUL
Date Registered: 29th. April 1997
APPLICANT: MR. A ROSS, 19-21 CRONULLA PLACE, KILSYTH
Agent:
DEVELOPMENT: ERECTION OF FRONT PORCH AND DOUBLE GARAGE/STORE
LOCATION: 19-2 1 CRONULLA PLACE, KILSYTH G65 OEH
Ward No: 65 Grid Reference: 272588 677608
File Reference: MD
@ Site History:
Development Plan: Kilsyth Local Plan 1983: Residential Area Kilsyth Local Plan (Finalised Draft) 1996: Residential Area
Contrary to Development Plan: No
CONSULTATIONS:
Objection: Local Housing Officer No Objection: East of Scotland Water, West of Scotland Water Conditions: No Reply:
REPRESENTATIONS: Neighbours: No response Newspaper Advert: Not Required
COMMENTS: The application is for a front porch and a double garagehtore at 19/21 Cronulla Place, Kilsyth.
There is no objection to the proposed front porch which is modest in size, is reasonably designed and is intended to allow internal access between the upper and lower flats which are used by the one family.
There is, however, concern over the proposed rear double garagehtore. It is extremely large with a floor area of 64 sq.m. and a ridge height of 5.8m. The Local Housing Officer has objected due to the garagehtores potential adverse impact on the local residential environment. He has also pointed out that the scale of the garage/store would not normally be permitted in a four in a block building.
The/ Scale : I 1: 1250
I \\ I -2-
The plans for the proposed rear double garagehtore have been amended from the initial plans which were submitted to the Planning and Development Committee on 25th June 1997 and continued for further negotiation. The revised design has reduced the height and floor area to more acceptable proportions for the application site. The garagehtore will be finished in materials to match the main building.
The Local Housing Officer on behalf of the Divisional Housing Manager has maintained his objection to the smaller garagehtore. He considers that it is still an over large and intrusive development.
While still having some concerns over the size of the double garagehtore I do not consider that it will have sufficient detrimental affect on the amenity of the site or the general area as to warrant a recommendation for refusal. It is noted that if it were in the grounds of a dwelling (positioned as proposed) it would not require planning permission.
Taking the above into account it is recommended that permission be approved.
RECOMMENDATION: Grant subject to the following conditions:-
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That the use of the approved garage 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: In the interests of the amenity of the site and the general area. -3-
3. That the proposed external finishing materials shall match those of the existing building to the satisfaction of the Planning Authority.
Reason: In the interests of the amenity of the site and the general area.
4. That any alterations to statutory undertaker’s apparatus shall be carried out to the satisfaction and requirements of the respective statutory undertakers.
Reason: To protect statutory undertaker’s apparatus.
List of Background Papers: Application form and plans Amended plans for garage Kilsyth Local Plan 1983 Kilsyth Local Plan (Finalised Draft) 1996 Consultation letters from East of Scotland Water and West of Scotland Water Consultation memo of objection from the Local Housing Officer.
Any person wishing to inspect these documents should contact Martin Dean at 01236- 616459. Application No: N/97/00 129l~UL Date Registered: 6th May 1997 APPLICANT: MR J. WILSON AUCHINSTARRY FARM AUCHINSTARRY BY KILSYTH G65 6AE
Agent: Architectural Design 14 Gorrie Street Denny FK6 6AE
DEVELOPMENT: ERECTION OF TWO DWELLINGHOUSES
LOCATION: AUCHINSTARRY FARM, AUCHINSTARRY BY KILSYTH, G65 6AE e Ward No: 63 Grid Reference: 271952676879
File Reference: SD
Site History: N/95/00134/PL Erection of three dwellings (in outline) at Auchinstarry Farm, By Kilsyth.
Development Plan: Kilsyth Local Plan adopted 1983 Kilsyth Finalised Draft Local Plan approved Jan 1996 Forth and Clyde Canal Local Plan 1996.
Contrary to Development Plan: No
CONSULTATIONS:
Objection: No Objection: The Coal Authority, West of Scotland Water, Scottish Natural Heritage Conditions: British Waterways No Reply: East of Scotland Water
REPRESENTATIONS:
Neighbours: No response Newspaper Advert: Not required
COMMENTS: The application is for the erection of two dwellings on a site at Auchinstarry Farm. The site currently has outline consent for the erection of three dwellings, however, the applicant has decided to submit a detailed application for the erection of two dwellings.
The site lies adjacent to the Forth and Clyde Canal, which is listed as a Scheduled Monument. As such it can be viewed as a area of vital importance especially in the light of the recent funding of the Millennium Link Project which aims to remove obstructions and reinstate navigation. Although the principle of residential development has already been established, it is considered that the proposal as submitted is inappropriate for this sensitive canalside location.
The development of two houses in this location should be viewed as an opportunity to enhance rather than detract from the area. The suburban type dwelling and access point proposed are also contrary to the conditions placed on the outline consent. Negotiations have taken place with the agent who agreed to amend the plans, however, to date these have not been received.
It is therefore recommended that planning permission be refused.
RECOMMENDATION: Refuse for the following reasons
1. In the interests of amenity in that the design of the proposed dwellings is below the standard required for this sensitive site adjacent to the Forth and Clyde Canal (listed in the Schedule of Monuments, Ancient Monuments and Archaeological Areas Act 1979) and as such will detract from the canalside environment; in this respect the proposal is contrary to the aims of the Forth and Clyde Canal Local Plan, Kilsyth Local Plan 1983 and Kilsyth Local Plan (Finalised Draft) 1996.
2. In the interests of road safety in that the access road’s northern sightline onto the 0 public road is severly limited. 3. Should planning permission be granted a precedent may be set which will encourage further similar applications.
LIST OF BACKGROUND PAPERS: Application Form and Plans Kilsyth Local Plan adopted 1983 Kilsyth Local Plan (Finalised Draft) approved January 1996 Consultation Responses: - British Waterways dated 13 May 1997 The Coal Authority dated 15 May 1997 West of Scotland Water dated 19 May 1997 Scottish Natural Heritage dated 24 June 1997
Any person wishing to inspect these documents should contact Sandra Davies at 01236- 6 16466. APPLICATION NO. : N/97/00129/FUL
1. PROPOSAL AND SITE
1.1 This is a detailed application for the erection of two dwellings on a site at Auchinstarry Farm. There is currently an outline consent for three dwellings on the site (ref 95/0134/PL) which was approved with conditions on 20th June 1996.
1.2 Since the granting of the outline consent, the applicant has reconsidered and decided to apply for detailed planning permission for two dwellings rather than the original three. The boundaries of plots 2 and 3 of the outline consent have been extended with the remaining portion of plot 1 now to used as an extension to the farm house garden. Plot 1 will not now be developed.
1.3 The application site is one of strategic importance given its location adjacent to the Forth and Clyde Canal. This is especially relevant in light of the funding for the Millennium Link Project which plans to restore navigation along the canal. It is, therefore, important that any new development is appropriate to this strategic location and is of high quality design.
1.4 The proposal area is covered by the following policies, as defined by the Kilsyth Finalised Draft Local Plan approved January 1996: GB1-4,6: Green Belt CF10: Pipeline Consultation Zone BE10: Antonine Wall Amenity Zone. The proposal is also covered by the Forth and Clyde Canal Local Plan aim (Strategy Statement) that development shall recognise both the canal and its adjacent environment. The principle of residential development has already been established at the outline stage and there has been no change in policy since this time.
1.5 Part of the site is covered by a proposal which forms part of the Millennium Link Project. Auchinstarry Bridge is one of the obstructions which has to be addressed as part of the project. One of the options involves the realignment of the main B802 to the west of the existing road and including the construction of a new bridge over the canal. Should this option proceed, part of the application site will have to be acquired by British Waterways having major implications for the proposed development. Currently the preferred option is to relocate the road to the east of the site with no effect on the application. However, this has still to receive Council approval.
1.6 Condition No.4 of the outline consent states that “the scale, external appearance and external materials shall compliment the local buildings and important canalside location.” The design of the proposed houses is out of scale with the site and surrounding area and does not contribute to maintaining a sense of place and identity in such a sensitive location. The suburban type design is unsympathetic and incompatible with the type of housing which should be promoted for rural locations. 1.7 The Transportation Section of this Department have recommended that the proposals it stands be refused. The proposed access runs adjacent to the canal and already serves one dwelling located beyond the application site. The access with the public road at this point is severely restricted to the left by the bridge parapet with little opportunity for improvement. Furthermore, Condition No.5 of the outline application states that “The access and internal road shall be to the satisfaction of the Council as Transportation Authority and shall be to adoptable standard if serving three dwellings.
2. CONSULTATIONS AND OBJECTIONS
2.1 The following bodies were consulted in relation to this application; East of Scotland Water, West of Scotland Water, The Coal Authority, Scottish Natural Heritage and British Waterways.
2.2 While no objections have been received the following comments have been made. West of Scotland Water have advised that there are no public sewers in the vicinity of the site and the provision of a septic tank will require the consent of SEPA. In addition, any proposed septic tank should be located within 30 metres of a hard standing surface in order that it may benefit from the cleansing service provided by them.
2.3 The Coal Authority have noted that the site lies in a location where coal seams are believed to exist at or close to the surface and may have been worked at some point in the past. They also advise that the records held by themselves may be incomplete and that there may exist in the area mine entries of which they have no knowledge.
2.4 British Waterways have requested that there be no encroachment on to their property and that no right of access be taken along the canalside during or after the commencement of development. It is further noted that no surface water or foul drainage should discharged into the canal without their prior consent. Where the design of the proposed dwellings is concerned it is argued that it would be desirous to reflect and incorporate the old stone buildings in order to blend in with the environs.
2.5 Scottish Natural Heritage have no objection to the proposal as it stands.
2.6 In addition to the above external consultations, a further internal consultation with the Planning and Development, Directorate Support Unit was undertaken. It is the opinion of this section that the current proposal is wholly inappropriate for this site and that a Design Brief should be produced given its sensitive nature.
2.7 No objections as a result of the neighbour notification process have been received. 3. CONCLUSION
3.1 The above report has highlighted the importance and sensitivity of this site especially in light of the funding of the Millennium Link Project. Whilst the suitability of this site for residential development is not contested, the current proposal has a number of areas of serious concern.
3.2 In summary, the design of the two dwellings is inappropriate for this site and the proposed access would be to the detriment of road safety. The current proposal does not accord with the conditions of the outline consent. These concerns were expressed to the agent who agreed to amend the proposal. However, to date no amended plans have been received and it is therefore recommended that the above proposal be refused. Application No: N/97/00 137/FUL
Date Registered: 15th. May 1997
APPLICANT: BASS TAVERNS/TENNENTS TAVERNS, EMBANK CHAMBERS, 289 BATH STREET, GLASGOW
Agent: Bums Design Associates, 76 Dumbarton Road, Glasgow
DEVELOPMENT: PART CHANGE OF USE OF CAR PARK TO FORM BEER GARDEN AND ALTERATION TO CAR PARK ACCESS
LOCATION: MUIRHEAD INN, 138 CUMBERNAULD ROAD, MUIFGEAD
Ward No: 67 Grid Reference: 268430 669501
0 File Reference: PW
Site History: TP79/14: External alterations - Rehsal ADVS 1/371 : Signage - Approval ADV86/354: Projecting sign and fascia - Approval
Development Plan: Zoned as dected area in both the Strathkelvin Southern Area Local Plan 1983 and the Strathkelvin District Local Plan 1995 Finalised Draft.
Contrary to Development Plan: No
CONSULTATIONS:
Objection: No Objection: West of Scotland Water Conditions: 0 No Reply: REPRESENTATIONS: Neighbours: Letters of objection from two neighbours and Chryston Community Council.
Newspaper Advert: No response
COMMENTS: This application is for the formation of a beer garden at the Muirhead Inn in part of the existing car park.
Letters of objection have been received, details of which are given in the attached report.
The proposal will result in the consolidation and improvement of the existing access and car park and the resultant capacity for 25 cars satisfies Council standards. The beer garden is satisfactorily located and it is considered that the objections received regarding anti-social behaviour are not a material consideration in relation to the assessment of this application
-2-
It is therefore recommended that this application is approved.
RECOMMENDATION: Approve subject to conditions.
CONDITIONS: 1 That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with provisions of the Town and Country Planning (Scotland) Act 1997.
2 That before the development starts, full details of the material finish and design of the timber fence to be erected on site shall be submitted to, and approved by, the Planning Authority.
Reason: These details have not been submitted.
3 That the design of the fencing shall be close boarded.
Reason: To ensure the continued amenity of the surrounding area.
4 That prior to commencement of the operation of the beer garden the 25 parking bays as illustrated on the approved plan shall be marked out.
Reason: To ensure the efficient operation of the car park
List of Background Papers:
Application forms and plans Strathkelvin Southern Area Local Plan 1983 Strathkelvin District Local Plan Finalised Draft 1995 Strathclyde Department of Roads, Guidelines for Development Roads 1985 Letters from Mr. & Mrs. Clelland, 4 Station Road, dated 19th. May 1997 Macprint, 2 Station Road dated 19th. May 1997 Chryston Community Council dated 30th. May 1997 Bums Design Associates dated 6th. June 1997 Consultation from West of Scotland Water Letter from Bums Design Associates dated 24th. June 1997 Letter from Bass Taverns dated 18th. June 1997
Any person wishing to inspect these documents should contact Mr. Paul Williams on 01236-616200. APPLICATION NO: N/97/00137/FUL
1.0 PROPOSAL AND SITE
1.1 This application is for the part change of use of approximately 55 sq.m. of existing car parking to the west of The Muirhead Inn, for use as a beer garden.
1.2 The applicant proposes to enclose the area in question with a 1.8m high timber fence. The area would then be landscaped and loose seating provided.
1.3 The car park is owned by Bass/Tennent Taverns, but is however shared by agreement with the William Hill Bookmakers adjacent and to the west.
1.4 In both the Adopted Strathkelvin Southern Area Local Plan 1983 and the Strathkelvin District Local Plan Finalised Draft 1995 the car park area is zoned as an unaffected area and where no development considered to be detrimental or inappropriate will be permitted in an established area.
e 2.0 CONSULTATIONS
2.1 West of Scotland Water has no objections to the proposal as existing apparatus would not be affected. However, The Transportation Manager has commented that the proposal would result in there being 25 car parking spaces available for the Inn and the Betting Office and considers this to be a satisfactory provision. It was further considered that the proposals would result in an improved access.
3.0 OBJECTIONS
3.1 Three letters of objection have been received, two from an adjacent business and dwelling originating from the same people and the third from Chryston Community Council.
3.2 The objections raised can be categorized as follows:-
3.2.1 The proposal would result in an increase in anti-social behaviour, specifically, increased noise, litter, e under-age drinking and anti-social public drinking. 3.2.2 The proposal will have implications for public safety, specifically - possibility of vehicles crashing into beer garden and that a gate will be required in the proposed timber fence to provide an effective fire exit.
3.2.3 The proposal will result in a loss of car parking spaces.
4.0 OBSERVATIONS
4.1 It is considered that the objections relating to anti-social behaviour are not a material planning consideration in relation to the assessment of this application. They are behavioural and cultural in nature and would be a matter for the establishment’s management or the police to control.
4.2 The/ -2-
4.2 The objection regarding the possibility of vehicular collisions with the beer garden relates to the existing northern boundary wall which it is alleged “is regularly knocked over by vehicles using the car park”. Therefore, the solution to this problem relates directly to the vehicular access and the wall and not to the proposed beer garden. The amended plan Revision A subsequently submitted includes proposed concrete bollards to protect the timber boundary fence of the proposed beer garden.
4.3 With regard to a fire exit, Drawing No. 1 dated April 1997 shows a proposed gate in the fence in question.
4.4 With regard to loss of parking, as previously stated, the resultant 25 parking spaces satisfies Council standards.
5.0 CONCLUSION
0 5.1 The existing car park which is shared by agreement by William Hill Bookmakers and BassRennents Taverns will if the beer garden is approved, have a parking capacity of 25 cars.
5.2 Although strictly intended for the exclusive use of patrons of both establishments it has been noted that the car park is informally used as a general car park for the surrounding area. To ensure exclusive use by both establishments, some method of enforcement would have to be introduced to stop informal use.
5.3 A revised layout and letter dated 24th. June 1997 was submitted by Bums Design Associates showing a car park layout for 25 cars. The letter enclosed a letter from Bass Taverns which indicated that they would not sell land within the car park to William Hill Bookmakers who wish to extend their premises if it would prejudice this application for a beer garden. (William Hill application ref. - N/96/243/PL).
5.4 The car park layout and capacity for 25 cars as illustrated on the submitted amended plan satisfies Council standards. Furthermore, it is considered that it will improve the existing access and car park layout in terms of general vehicular movement. The application is therefore recommended for approval. Application No: N/97/00154/FUL
Date Registered: 29th. May 1997
APPLICANT : MAE WILSON, BUCHLEY LODGE, BALMUILDY ROAD, BISHOPBRIGGS, GLASGOW, G64 3QQ
Agent:
DEVELOPMENT: SITING OF HOT FOOD TAKEAWAY CARAVAN
LOCATION: SITE ADJACENT TO CARRICKSTONE 8 ACCESS, CARRICKSTONE ROAD, CARRICKSTONE, CUMBERNAULD
Ward No: 52 Grid Reference: 275283 675737
File Reference: I.E.
Site History:
Development Plan: Cumbernauld Local Plan Policies: HGSB- Sites for new housing development - Carrickstone. PS2- New Community Facilities. PS6- Reserved Primary School Sites. TR1- Road Improvements necessary to allow development to proceed. HG4- Residential Amenity
Contrary to Development Plan: Yes
CONSULTATIONS:
@ Objection: No Objection: Department of Environmental Services Conditions: No Reply:
REPRESENTATIONS:
Neighbours: No response Newspaper Advert: No response
COMMENTS: The applicant wishes to site a hot foot takeaway caravan on a hardcore surfaced hardstanding, informally used for parking cars, adjacent to Laings site compound, to the west of the access road into Carrickstone 8. The applicant wishes consent for two years to serve the building workers involved in the various building sites in Carrickstone.
Councillor Gordon Murray has written commenting that this would not appear to be a desirable project.
I am concerned about the effect which the proposal would have on the amenity1
amenity of the occupants of the recently completed houses both within the Laing site and the Wilcon Site immediately adjacent. There are recently completed houses in both sites which are within 35 m of the application site and because of this I would recommend refusal.
RECOMMENDATION: Refuse for the following reason:
1. That the operation of a hot food takeaway caravan at the site proposed would have a detrimental and unacceptable effect on the amenity of the residents of houses in close proximity to the application site due to smell, noise and disturbance, and as such would be contrary to the provisions of Policy HG4 of the adopted Cumbernauld Local Plan.
List of Background Papers:
Application Form and Plans Cumbernauld Local Plan Memo from Director of Environmental Services dated 25th June 1997 Letter from Councillor Gordon Murray dated loth June 1997 Memo from Head of Economic Development and Property dated 1st July 1997
Any person wishing to inspect these documents should contact Iain Ewart at 01236-616472. APPLICATION NO: N/97/00154/FUL
1 PROPOSAL AND SITE
1.1 The applicant wishes planning permission to site a hot food takeaway caravan for a period of two years to primarily serve building workers, employed on the construction of the various housing developments in Carrickstone.
1.2 The application site is on the south (outer) side of the Carrickstone Loop Road just west of the access road into Carrickstone 8 being constructed by Laing. To the south the site is bounded by Laings site compound, and to the west by new houses constructed by Wilcon. To the south east, across the access road, are houses constructed by Laing and to the north, across the Carrickstone Loop Road, is a vacant site soon to be developed for housing. The application site has a hardcore surface and is used for informal parking.
1.3 Some of the policies in the Cumbernauld Local Plan which apply, refer to Carrickstone as a whole as being a development site -
(i) Policy HGSB allocates Carrickstone as being a site for new housing development; (ii) Policy PS2 states that sites within Carrickstone will be allocated for new community facilities; (iii) Policy PS6 states that sites will be allocated for primary and nursery schools; and (iv) Policy TRl provides for the construction of the Carrickstone Loop Road.
However after Construction other policies in the Local Plan then apply and in th~srespect the proposal is subject to Policy HG4 which states that there will be a presumption against development which could be detrimental to residential amenity. It also states that the introduction of a non-residential activity will not be accepted if likely to lead to a loss of amenity.
2 CONSULTATIONS
2.1 Department of Environmental Services which had no objections
2.2 Transportation commented that they had no objections whilst the Head of Economic Development and Property observed that in his opinion it would be a serious inconvenience to a purchaser of a new house to be situated adjacent to a hot food takeaway caravan.
3 OBJECTIONS
3.1 No objections were received from the public although Councillor Gordon Murray wrote commenting that this would not appear to be a desirable project.
4 CONCLUSIONS
4.1 I understand that the applicant traded from the site for a while before realising that she required planning permission after which she left the site. I also understand that the applicant was made redundant from her work and that she is anxious not to be unemployed and wishes to spend her time gainfUlly and sees this project as a means of achieving this.
4.2 However whilst I have sympathy with the applicant, I consider that the proposal is contrary to Policy HG4 of the Local Plan in that the application site is close to new housing and that the problems attendant with hot food takeaway caravans such as smell, noise and disturbance would be detrimental to the residential amenity of those houses. I agree with the Head of Economic Development and Property that the purchasers of these new houses would probably find it most annoying to find a hot food caravan being sited next to them and I would recommend rehsal. Application No: N/97/00 159/FUL
Date Registered: 2nd June 1997
APPLICANT: MS MARGARET HOSIE 24 TRLRO AVENUE MOODIESBURN G69 OPQ
Agent:
DEVELOPMENT: CHANGE OF USE OF FOOTPATH TO GARDEN GROUND
LOCATION: BETWEEN 22 AND 24 TRURO AVENUE, MOODIESBURN
Ward No: 68 a! Grid Reference: 269893 671 164
File Reference: PW
Site History: No known planning history for the application site.
Development Plan: Strathkelvin District (Southern Area) Local Plan adopted May 1983 Strathkelvin District Local Plan (Finalised Draft) approved 1995
Contrary to Development Plan: No
CONSULTATIONS:
Objection: No Objection: Police Conditions: West of Scotland Water No Reply:
REPRESENTATIONS:
Neighbours: No response Newspaper Advert: Not required
COMMENTS: This application seeks to enclose a public footpath into adjacent gardens.The footpath links Truro Avenue to Cambourne Road in the Gartferry Mains Housing Estate, Moodiesburn.
The application has been made by the resident at 24 Truro Avenue on behalf of 22 and 24 Truro Avenue and 27 and 29 Cambourne Road. They have all agreed to subdivide the footpath and consume it equally as garden ground.
The application has been made because the residents of the above properties have alleged that the footpath has become a meeting place for anti-social youth activity to the detriment of their residential amenity.
Strathclyde Police have confirmed that this mis-use of the footpath has been an ongoing problem and are supportive of the application.
It is considered that the effect of this anti-social behaviour of youths on adjacent residents has to be balanced against any general inconvenience sustained by the larger community as a result of footpath closure.
There is an alternative footpath route and therefore it is recommended that the application be approved.
A formal Footpath Closure Order will be required if the decision is taken to approve this application, and this will be the subject of a separate report to Committee.
RECOMMENDATION: Grant subject to the following conditions:-
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That before development starts a scheme of garden landscaping for the footpath line shall be submitted to, and approved by, the Planning Authority.
Reason: In the interests of the amenity of the site and the general area. 3. That within the first planting season following the closure of the footpath all landscaping included in the scheme approved under the terms of Condition No.2 above shall be completed; any trees, shrubs or areas of grass which die, are removed, damaged or become diseased within three years of the footpath closure shall be replaced in the next planting season with others of a similar size and species.
Reason: In the interests of the amenity of the site and the general area..
4. That before development 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 by, the Planning Authority.
Reason: In the interests of the amenity of the site and the general area..
5. That concurrently with the enclosure of the land, the fences or walls for which the permission of the Planning Authority has been approved under Condition No.4 above, shall be erected.
Reason: In the interests of the amenity of the site and the general area..
6. That before the development hereby permitted is completed or brought into use, the existing lighting column within the footpath shall be removed and satisfactory heel kerbs shall be formed at the affected footways at the expense of the developer and the satisfaction of the Council as Planning and Roads Authority.
Reason: In the interests of pedestrian safety 7. That any alterations to the statutory undertakers’ apparatus shall be carried out to the satisfaction and requirements of the respective statutory undertakers; in this respect it should be noted that West of Scotland Water has advised that there are both foul and surface water sewers located within the area of the footpath and that no trees shall be planted or building shall be erected over, or in such a way as to interfere with, or obstruct access to said sewers unless with consent of West of Scotland Water.
Reason: To protect statutory undertakers’ apparatus.
List of Background Papers: Application form and plans e Strathkelvin District (Southern Area) Local Plan 1983 Strathkelvin District Local Plan (Finalised Draft) 1995 Consultation replies; West of Scotland Water dated 3 July 1997, Strathclyde Police dated 25 June 1997. Pre-application letters from Council to applicant dated 24 April 1997, 30 April 1997. Scottish Office Report dated 18th January 1996
Any person wishing to inspect these documents should contact Paul Williams at 01236- 6 16464. APPLICATION NO: N.97/00159/FUL
1.0 PROPOSAL AND SITE
1.1 The site is within the Gartferry Mains Housing estate in Moodiesburn which was constructed in the early 1970s. The estate has a layout typical of this period with footpath links between all four streets to the east of Stoneyetts Road.
1.2 The application is for a change of use of a footpath to garden ground. The footpath in question runs between the dwellings at 22 and 24 Truro Avenue and 27 and 29 Cambourne Road and serves to connect the eastern edge of the two streets.
1.3 This area is covered by Unaffected Areas policies as defined by both local plan appropriate to the area namely the Strathkelvin District (Southern Area) Local Plan 1983 and The Strathkelvin District Finalised Draft Local Plan 1995. As such the proposal is not considered to be contrary to policy.
1.4 Strathclyde Regional Council promoted a Stopping Up Order in 1995 covering all the footpath links within the Gartferry Mains Estate on the basis that there was a suitable alternative route and the footpaths were unnecessary.
1.5 This application has been submitted as result of concerns over the mis-use of these footpaths. As they have been the subject of anti-social activities such as loitering and vandalism the residents whose properties are adjacent to them wish to have them closed. Discussions have taken place with the residents concerned and it has been proposed that this footpath in particular be considered for closure.
1.6 In this case all the residents adjacent to the lane have agreed to sub-divide the land into their own gardens. In addition, the owners of the footpath Christian Salvesen plc would be prepared to transfer the title of the land to the residents provided reasonable expenses were met.
* 2.0 CONSULTATIONS AND OBJECTIONS 2.1 No objections or representations have been received from notified neighbours. West of Scotland Water have advised that there are both foul and surface water sewers located within the area of the footpath. They have, therefore, requested that no trees be planted or development take place which would obstruct access to the sewers without the prior consent of West of Scotland Water. In addition the Transportation Section of this Department have requested, that should the proposal go ahead, the applicant meets the costs of the removal of the existing lighting column and that a satisfactory heel kerb is formed on the affected footways. Strathclyde Police have been consulted and have given this application their full support. 3.0 OBSERVATIONS AND CONCLUSION
3.1 While consideration must be given to those who use the footpath legitimately it is considered that in this case the anti-social behaviour of the minority has become such a problem to warrant its closure.
3.2 The closure of the footpath will block off a shortcut between two residential streets for pedestrians and will involve a diversion of approximately 300 metres to get between the two points connected by the footpath.
3.3 This alternative route would be to walk along the pavement of Stoneyetts Road which, it is considered, would not significantly inconvenience residents or have a detrimental effect on road safety. It is considered that the closure of this footpath will remove the problem of anti-social youth behaviour from the affected area. Taking account of the above it is recommended that planning permission be approved. Application No: N/97/0016 1RUL
Date Registered: 6th. June 1997
APPLICANT: SCOTT BROWN & GILLIAN McLAU", AUCHENWOCH FARM ROAD, BANTON G65 OQZ
Agent: James Brown, Auchenrivoch Farm Road, Banton G65 OQZ. DEVELOPMENT: ERECTION OF DWELLING (ALTERATIONS TO PREVIOUSLY APPROVED DESIGN)
LOCATION: SITE ADJACENT TO 1 THE MAILINGS, BANTON, BY KILSYTH
Ward No: 65 Grid 27529 1-679494
File Reference: MD
Site History: PL/92/13 1: Erection of Dwelling (Outline) - refused September 1992 93/0148/PL: Erection of Dwelling - approved January 1994
Development Plan: Kilsyth Local Plan 1983: Greenbelt (Policy E3) Kilsyth Local Plan (Finalised Draft) 1995: Greenbelt (Policies GB1-4,6)
Contrary to Development Plan: Yes
CONSULTATIONS:
Objection: No Objection: Conditions: No Reply: Scottish Environmental Protection Agency
REPRESENTATIONS: Neighbours: Five letters of objection (Two objectors) Newspaper Advert: Not Required
COMMENTS: The application is for a 11/2 storey dwelling adjacent to 1, The Mailings, Banton. Planning permission was granted in 1994 for a single storey dwelling on the site.
Two neighbours have submitted objections based mainly on claims that the building will dominate the existing Mailings Cottages and that the proposed dwelling departs from design guidance provided in an appeal decision for development of the site. The design of the proposed dwelling is based on the previously approved dwelling with the key exception being that it is deeper and has two rear dormers. It has been made a requirement that the proposed ridge height be the same as that of the adjacent cottages.
The/
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The proposed dwelling will be slightly more dominant than the previously approved dwelling. It is considered however that it is a well designed building which relates strongly to the previous approval and to the adjacent cottages. As such it is recommended that planning permission be granted.
RECOMMENDATION: Grant, subject to the following conditions:-
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That notwithstanding the terms of Part 1 (Development Within the Curtilage of a Dwellinghouse) of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 no extension to the dwelling shall be erected and there shall be no conversion of the integral garage to living accommodation without the benefit of planning permission.
Reason: In the interest of the amenity of the site and the general area.
3. That there shall be no externally visible under-building on the dwelling.
Reason: In the interest of the amenity of the site and the general area.
4. That the proposed external finishing materials and colouring shall match those of the adjacent terraced cottages; in this respect the external materials shall be as follows:
- Walls; painted wet dash - Base course and window surrounds; profiled cement render - Roof; slate - Windows; timber framed sash and case style - Doors; timber.
Reason: In the interest of the amenity of the site and the general area.
5. That as shown on the approved plan the ridge height and roof pitch shall match that of the adjacent cottage.
Reason: In the interests of the amenity of the site and the general area.
6. That/ -3-
6. That before development 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 by, the Planning Authority.
Reason: In the interest of the amenity of the site and the general area.
7. That a detailed landscaping scheme for the area outlined in green on the approved plan shall be submitted for the written approval of the Planning Authority prior to the commencement of work on site and that the approved scheme shall be implemented within the first planting season thereafter, and subsequently shall be maintained to the satisfaction of the Planning Authority; this scheme shall incorporate boundary hedging with a fbture maximum height of one metre (or such other scheme as may be to the satisfaction of the Planning Authority).
Reason: In the interest of the amenity of the site and the general area.
7. That sewerage provision shall be to the full satisfaction of the Scottish Environmental Protection Agency and North Lanarkshire Council.
Reason: In the interest of amenity and public health.
8. That any alterations to statutory undertakers apparatus shall be carried out to the satisfaction and requirements of the respective statutory undertakers.
Reason: To protect statutory undertakers apparatus. 0 List of Background Papers:
Application form, plans and amended plans Planning Appeal Decision Letter P/PPNSE/40 regarding a dwelling on the application site Decision Notice 93/0148/PL: Planning permission for erection of dwelling on application site Kilsyth Local Plan 1983 Kilsyth Local Plan (Finalised Draft) 1996 Letter of objection from Mr. J. Davie, 4 The Old Mailings, Banton, By Kilsyth G65 OQU dated 11th. June 1997 Letters of objection from Mrs. J. Rennie, 1 The Old Mailings, Banton, Kilsyth G65 OQU dated 3rd., 4th, 12th June 1997 and 16th. July 1997.
Any person wishing to inspect these documents should contact Mr. Martin Dean on (01236-616459). APPLICATION NO. N/96/0270/FUL
1. PROPOSAL AND SITE
1.1 The application is for the erection of a 1.1/2 storey dwelling adjacent to 1 The Mailings, Mailings Road, Banton, By Kilsyth.
The site is identified as greenbelt in the Kilsyth Local Plan 1983 (Policy E3) and the Kilsyth Local Plan (Finalised Draft) 1996 (Policies GB 1-4,6). Planning appeal decision letter reference P/PPA/SE/40 dated April 1993 states that the site is an integral part of the residential group and does not form part of the open rural environment. It is stated that the site is suitable for an appropriately designed dwelling.
1.2 Planning permission reference 93/0148/PL was granted in January 1994 for a single storey dwelling on the site.
2. CONSULTATIONS
0 2.1 There are no objections from the Transportation Manager. No reply has been received from Scottish Environmental Protection Agency.
3. REPRESENTATIONS AND OBSERVATIONS
3.1 Letters of objection have been received from Mr. J. Rennie, 1 The Old Mailings, Banton and from Mr. J. Davie of 4 The Old Mailings, Banton. Points of objection plus planning comments are as follows:-
Point of objection: The proposed dwelling will be higher than the adjacent cottageslthe dwelling will have a detrimental affect on the adjacent row of traditional cottages by being out of character and over dominant/as the proposed dwelling is different in scale from that previously approved, the Council should revert to its original opposition to a dwelling on the site/amended roof pitch details will have little bearing on the overall height of the proposed dwelling. Comments: At 6.4 metres high, the proposed dwelling is a maximum of 1.3 metres taller than the adjacent cottage. The previously approved dwelling deepened towards the west of the site and at this point, the proposed dwelling is only 0.3 metres deeper than that previously approved.
Amendments have been sought to reduce the visual impact of the proposed dwelling. This includes ensuring that the proposed dwelling is no higher than the existing cottages with the dwelling now being lowered to road level on what is currently a raised site. The originally proposed front dormer has been replaced by a second rear dormer.
The proposed dwelling is clearly more dominant and in this respect less satisfactory than the previously approved dwelling. It is considered however that the amendments are such that the proposed dwelling reasonably relates both to the adjacent cottages and to the previously approved scheme. Low boundary hedging will help to soften the effect of the proposed dwelling.
Point of objection: The proposed dwelling does not comply with the following key elements of the appeal decision letter for a dwelling on the site.
- “In principle I can see no obstacle to a residential development of the site, provided the location of any house within the site, its design and external characteristics are sympathetic to what I consider to be the extremely attractive row of traditional cottages alongside it.”
They/ -2-
- “They (existing high trees) also disguise the importance of maintaining the existing front building line over the appeal site which I consider to be paramount.”
- “The end gable of No. 1, which is dominant from the direction of approach, identifies the scale and roof pitch of the terrace and the traditional chimney and tabling its character. I consider that these features would have to be maintained in any dwellinghouse constructed on the site.”
Comments: The appeal decision comments are clearly a material matter to be taken into account in the processing of the application. It should be noted however that it has been previously decided that a certain amount of forward projection acceptably relates to the characteristics of the site as well as of the adjacent cottages. The proposed dwelling has almost exactly the same footprint as the previously approved dwelling and is very similar in design. The proposed roof has the same height and profile as that of the cottages. Notwithstanding the extra depth of the proposed dwelling, it is considered that it acceptably relates to the adjacent cottages and as such complies with the general design objectives of the appeal decision. Point of Objection: The shared septic tank will not be able to cope with the additional discharge. Comments: Clearly the proposed two bedroom dwelling will have in increased discharge over the previously approved one bedroom dwelling. The suitability or otherwise of the septic tank proposals is a Building Control matter and will be dealt with at the Building Warrant stage. Point of objection: The rear garden is inadequate and falls below normal standards. The 4 metre deep rear garden is extremely small, but this depth is dictated by the need to follow the existing building line of the cottages and the shallowness of the site. A planning condition removes normal permitted development rights which may have further reduced the size of the rear garden. Point of objection: Plans have not been available for inspectiodplans have lacked important detaiVthe application has been wrongly advertised as an alteration to a previous design. Comments: Early problems concerning plans have now been resolved. It is considered correct to refer to the existing approval in the application description as they are very similar in design.
4. CONCLUSIONS
4.1 This is a difficult site with a requirement for high design standards. The previously approved dwelling met these standards but was not considered by prospective developers to be viable as it contained only one bedroom.
4.2 The new proposal has two upstairs bedrooms but has the disadvantage of being just over one metre deeper . There is some concern at the additional impact of this extra depth. It is however considered that the proposed dwelling is acceptable on the basis that it does not rise above the adjacent cottages.
4.3 It is recommended that planning permission be granted. Application No: N/97/00 167/FUL
Date Registered: loth. June 1997
APPLICANT: ENABLE (SSMH) G.S.T., 38A CRAIGIEBU" ROAD, NORTH CARBRAIN, CUMBERNAULD G67 2NE
Agent:
DEVELOPMENT: ERECTION OF PORTACABIN TO FORM MULTI-SENSORY AWARENESS ROOM
LOCATION: 90 ROSE STREET, CONDORRAT, CUMBERNAULD
Ward No: 60 Grid Reference: 273746 - 673 157
File Reference: GL
Site History:
Development Plan: Zoned residential in Adopted Cumbernauld Local Plan
Contrary to Development Plan: No
CONSULTATIONS:
Objection: No Objection: Scottish Homes, Transco, Director of Housing, West of Scotland Water Conditions: No Reply: Scottish Power and East of Scotland Water
REPRESENTATIONS: Neighbours: Petition containing five signatories received from neighbouring residents 0 Newspaper Advert: Not required
COMMENTS: Enable are a registered charity who provide residential care for adults with learning difficulties. The charity occupy three dwellings which are owned by the Council on Rose Street, namely numbers 86, 88 and 90. The application proposes the erection of a portacabin in the garden ground of 90 Rose Street.
The portacabin is of standard design and will provide the charity with the space to provide a Snoezelen Room (a multi-sensory awareness room). These rooms are used to improve sensory awareness in people with physical disabilities by the use of music, lights and tactile objects.
A petition objecting to the proposed development has been received, and the reasons are detailed in the attached report. Otherwise no adverse comments have been received.
The/
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The proposal is considered to be acceptable in planning terms and it is recommended that planning permission be granted.
RECOMMENDATION: Grant, subject to the following conditions:-
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That prior to the erection of the portacabin on site, full details of the colour scheme of the building shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: In the interests of the visual amenity of the area.
3. That except as may otherwise be agreed in writing by the Planning Authority the use of the portacabin hereby permitted shall be restricted to the residents of the properties occupied by the applicant namely, 86, 88 and 90 Rose Street, Condorrat.
Reason: In the interests of the amenity.
4. That unless a further planning permission is granted the portacabin hereby permitted shall be removed and the ground reinstated to garden ground by 3 1st. August 2000.
Reason: To enable the Planning Authority to retain effective control.
List of Background Papers:
Application forms and plans Petition submitted by B. Robertson, 94 Rose Street, Condorrat and signed by four other neighbours, received 1st. July 1997 Consultation responses from Scottish Homes dated 23rd. June 1997; Transco dated 25th. June 1997; Director of Housing dated 26th. June 1997; West of Scotland Water dated 27th. June 1997 and Transportation Manager dated 8th. July 1997. Cumbernauld Local Plan.
Any person wishing to inspect these documents should contact Mr. Graeme Lee on 01236-616474. APPLICATION NO: 97/00167/FUL
1.o PROPOSAL AND SITE
1.1 The proposed position for the portacabin lies in the garden ground of 90 Rose Street, Condorrat, Cumbernauld. The applicant is Enable, a registered charity and they occupy the adjacent two properties (86 & 90). The site lies within a residential area with dwellings to the front and rear of the application site. The ground to the north of the site is maintained open space. The portacabin will be situated in the garden ground at 90 Rose Street adjacent to a wall, beyond which is a footpath and Rose Street itself. Although the garden is adjacent to Rose Street the portacabin is in a garden at the back of house.
1.2 The applicant has received funding from the Charities Board of the National Lottery to finance the creation of the Snoezelen or multi-sensory awareness room. The sum of money is restricted and will not allow a permanent extension to the existing property. The room will, therefore have to be provided within a portacabin.
2.0 CONSULTATIONS AND OBJECTIONS
2.1 No adverse comments have been received from any consultee. However a petition containing five signatures has been received, and the points of objection can be summarised as follows:-
(1) Safety: Local children will be curious as to the contents of the portacabin and may be injured in attempts to scale the adjacent wall. (2) Fire Safety: The position of the portacabin constitutes a fire hazard. (3) Visual Intrusion: The portacabin will be an eye sore (4) Tree Removal: The portacabin will require the removal of a cherry tree. (5) Property Values: The portacabin will affect future property sales. (6) Disturbance: Children will cause a disturbance at night whilst trying to find out what is in the portacabin. (7) The nature of the Multi-Sensory Awareness Room to be housed in the portacabin will result in more severely disabled people moving to the house making the home more like a hospital.
3.0 OBSERVATIONS
3.1 The Council owns the properties leased by the applicant. The Area Housing Manager has advised that he has no objections to the proposed development. No adverse comments have been received from other consultees.
3.2 The petition raises a number of points of objection which are dealt with separately below. It is worth stating that signatories all reside in properties that have no direct line of sight to the proposed position of the portacabin. The properties are however all accessed via a footpath from Rose Street as they have no direct frontage to the road.
3.3 Safety of local children has been stated as a point of objection. Local children apparently already climb on the walls around the area, the portacabin is considered by the objectors to be an attraction which will increase this activity and perhaps resulting in a serious injury. This is not a material planning consideration as the wall concerned is the boundary of private property, climbing on or over this wall could be regarded as trespass.
3.4 The/ -2-
3.4 The portacabin constitutes a fire hazard. The portacabin does not require a building warrant and even if it did so, it would comply with all relevant building regulations. The existing ramp access and gate to the rear of 90 Rose Street will be modified to accommodate the width of the portacabin. The applicant is proposing to alarm the portacabin for both crime and fire prevention.
3.5 The portacabin will constitute an eyesore. The portacabin is 2.8 metres in height and the adjacent wall is only 1.9 metres high on the garden side of the wall. Therefore part of the portacabin will be visible from outside the property. However, given that less than 1.0 metres of the portacabin will be visible this is not considered to be significant. The portacabin is of standard design and whilst not ideal in a residential area the resultant visual intrusion is not considered sufficient to warrant refusing the application. Furthermore, following negotiations with the applicant it has become clear that for financial reasons they are unable to provide the snoezelen room in anythmg other than a portacabin. Planning conditions can be imposed to ensure that any visual intrusion is kept to a minimum.
3.6 The cherry tree referred to by the objectors will be unaffected by the portacabin. The existing garden shed will be removed to make space for the portacabin. Accordingly, the tree will remain unaffected by the proposed development.
3.7 The effect of the portacabin on the future sale of surrounding houses is not a material planning consideration. Nevertheless as stated above, planning conditions will ensure that the portacabin is a unobtrusive as possible. In any event, as is common practice with temporary buildings a time limited planning permission should be granted which will enable the Council to reconsider the situation at a future date.
3.8 It is considered that the portacabin is unlikely to generate a sufficient level of interest amongst local youngsters which could be regarded as causing a disturbance. In any event, the fact that local children congregate around the area at night is not a material planning consideration.
3.9 The objectors are concerned that the snoezelen room will change the nature of the Enable Home with the result that it will become more like a hospital. In response to this, the applicant has advised that numbers in the home are set to reduce to accord with their registration with the Council’s Department of Social Work. The overall nature of the home will be unaltered by the addition of the snoezelen room. In any event, the charity would require planning permission if a fundamental change were to be proposed which affected the way in which the home currently operates.
3.10 The actual manner in which the room fimctions can be controlled by planning conditions to ensure that the activities which take place within the portacabin do not have a material effect on the residential amenity of surrounding properties.
4.0 CONCLUSION
4.1 In planning terms, the proposal is considered to be acceptable and either when taken individually or collectively the points of objection raised in the petition would not justig refusing the application. It is recommended that planning permission be granted. Application No:
Date Registered: 9th June 1997
APPLICANT: MR JAMES LOVE, 23 CALLENDER ROAD, CARRICKRISE, CUMBERNAULD, G68 OBT
Agent:
DEVELOPMENT: CHANGE OF USE TO STORAGE AND DISTRIBUTION OF CONTAINERS AND PORTACABINS AND STORAGE OF HEAVY GOODS VEHICLES.
LOCATION: 24A LENZIEMILL ROAD, LENZIEMILL, CUMBERNAULD
Ward No: 58 Grid Reference: 276702 673972 - .File Reference: GL Site History:
Development Plan: Zoned as industrialhusiness in the Cumbernauld Local Plan
Contrary to Development Plan: No
CONSULTATIONS:
Objection: No Objection: West of Scotland Water; Railtrack; Scottish Power; Transco and SEPA Conditions: No Reply: East of Scotland Water
REPRESENTATIONS: a Neighbours: No letters of objection received Newspaper Advert: Not Required
COMMENTS: The applicant proposes the change of use of derelict ground to a yard for the storage of heavy goods vehicles and the storage and distribution of containers and portacabins. The site is currently derelict as a result of the sites previous use as a brick works. The site has a number of underground tunnels used in connection with the brick kilns and these make the site unsuitable for development. The proposal involves excavating and collapsing these tunnels and thereafter upfilling the site with inert waste materials (soils and builders rubble and the like) to form a level platform. On average the depth of upfilling across the site will be two metres. The upfilling operations are exempt from waste management licensing but the Scottish Environmental Protection Agency (SEPA) will monitor the site.
The site is accessed from an existing junction with Lenziemill Road and is surrounded by other industrial uses. No/ Unauthor~aed~reproduotloninfringes Crown 1 copyr.iqht and m lead to prosecution or civ~iproceeJlngr 1: 2500 -icence LA 09041L No. 1996 LENZl EM ILL ROAD CUMBERNAULO 4arth Lanarkshire Council N 3ron Way, Cun-bernauld G67 1DZ 30 Jul 1997 'elcphane 01238 722131 Fax 01236 451462 1 -2-
No adverse comments have been received from any consultee and no objections from neighbours have been received.
The proposal accords with the development plan and is otherwise considered to be acceptable in planning terms. Therefore it is recommended that planning permission is granted.
RECOMMENDATION: Grant, subject to the following conditions:
1 That the development hereby permitted shall be started, within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1977.
2. That the final levels of the site following completion of the upfilling operations hereby permitted shall be those shown on approved drawing reference LOV/97/E/lO 1.
Reason: In the interests of amenity
3. That the materials to be imported to the site in connection with the upfilling operations hereby approved the extent of which is defined by condition (2) above shall be restricted to solid inert, non special, non putrescible and non ferrous materials only such as topsoil, subsoil and builders rubble.
Reason: In the interests of amenity and to protect the environment.
4. That within 1 month of the date of this planning permission a plan drawn to scale shall be submitted delineating the internal layout of the site and identifying the area to be used as the yard and the area to be landscaped.
Reason: In the interest of amenity.
5. That except as may otherwise be agreed in writing by the Planning Authority by no later than 30th November 1997 or upon completion of the upfilling operations whichever is the sooner the yard area shall be dressed off and compacted and surfaced in a material to be agreed in writing by the Planning Authority.
Reason: In the interests of amenity.
6. That within 1 month of the date of this planning permission full details of the proposed operation of the site shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required. For the avoidance of any doubt this ‘operational scheme’ shall include information on the following:-
(1) the/ -3 -
(1) the internal organisation of the site shall be detailed showing the areas to be used for the storage of portacabins and containers and the area to be used for the storage of HGVs.
(2) parts of the site which are to be used for purposes other than storage should be identified and a full explanation provided of the intended operations.
(3) car parking areas should be identified.
(4) the hours of operation should be stated.
(5) details on the heights to whch portacabins and containers will be stored.
Following the Planning Authority’s written approval of this ‘operational scheme’ it shall be implemented, to the satisfaction of the Planning Authority.
Reason: In the interests of amenity
7. That within 1 month of the date of this permission a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include: -
(1) details of areas to be sown with grass
(2) details of tree and shrub planting, incorporating details of location, number, variety and size of trees and shrubs to be planted.
(3) details of site fencing.
Reason: In the interests of amenity.
8. That before the end of the first available planting season following the completion of upfilling works the approved landscaping scheme including site fencing as approved under the terms of condition (7) above shall be implemented and thereafter any trees or shrubs which die in the following 5 years shall be replaced in the next planting season with others of a similar size and species.
Reason: In the interests of amenity.
9. That there shall be no burning of material on the application site.
Reason: In the interests of amenity 10 That -4-
10. That except as may otherwise be agreed in writing by the Planning Authority, within 3 months of the development hereby permitted being brought into use a footpath as defined by the specifications contained in North Lanarkshire Council’s Roads Guidelines shall be constructed between the site entrance and the footpath on Lenziemill Road.
Reason: In the interests of pedestrian safety.
11. That no cleaning or maintenance of vehicles should take place in the yard.
Reason: In the interest of amenity
12. That any oil or diesel storage tanks should have appropriate arrangements to provide container capacity for 110% of the volume stored and this may be achieved by any of the following methods, a brick built structure, double skinned tanks or tanks with integral bunds (external tanks with open bunds should be roofed over to prevent rainwater accumulating in the containment area).
Reason: To safeguard against the ground from contamination.
List of Background Papers: Application Form and Plans Consultation responses from: Transco dated 25th June 1997; West of Scotland Water Dated 24th June 1997; Head of Property and Economic Development dated 2nd July 1997; Scottish Power dated 4th July 1997; Railtrack dated 8th July 1997 and SEPA dated 30th July 1997. Cumbernauld Local Plan. e Any person wishing to inspect these documents should contact Graeme Lee at 0 1236-616474 Application No: N/97/00 177/FUL
Date Registered: 23rd June 1997
APPLICANT: KENNETH SILLARS, 15 PARK WAY, KILDRUM, CUMBERNAULD, G67 2BT
Agent:
DEVELOPMENT: CHANGE OF USE FROM FORMER BANK TO COFFEE SHOP
LOCATION: 2 ETTRICK WALK, TOWN CENTRE, CUMBERNAULD
Ward No: 53
Grid Reference: 275866 674546
0 File Reference: G.L.A
Site History: No known history for the application site
Development Plan: Zoned shopping centres - to be retained predominantly in shopping uses; Preferred location for new shopping in adopted Cumbemauld Local Plan 1993
Contrary to Development Plan: No
CONSULTATIONS:
Objection: No Objection: East of Scotland Water (Water) West of Scotland Water (Sewers) Conditions: Environmental Services m- REPRESENTATIONS: Neighbours: No response Newspaper Advert: 2 letters of objection on behalf of nearby premises
COMMENTS: The proposal is for the change of use from a former bank to a coffee shop. The shop unit is currently lying vacant and is located at the external section of Ettrick Walk phase 4 of the town centre. The enclosed report includes a summary of these objections and my comments on the matters they raise, however this is an acceptable town centre use in this location and I would recommend, therefore, that planning permission be granted.
RECOMMENDATION: Grant planning permission subject to the following conditions:
1 That the development hereby permitted shall be started, within 5 years of the date of this permission.
List/ 3ron Way, Curnbsrnauld G67 1DZ 'elephone OI~B722131 Fox OIZJB 458462 MAPREF 31 Jut 1997 I -2-
LIST OF BACKGROUND PAPERS
Application Form and Plans Cumbernauld Local Plan 1993 Consultation Responses: Transportation Manager dated 23rd June 1997 West of Scotland Water (Sewers) dated 16th July 1997 East of Scotland Water (Water) dated 23rd July 1997 Department of Environmental Services dated 23rd July 1997 Letter of objection from Mr J D Allan, Cumbernauld Churches Bookshop Limited, dated 23rd July 1997 Letter of objection from Kildrum Parish Church, Mr J. P. N Cochrane dated 23rd July 1997
Any person wishing to inspect these documents should contact Miss Gillian Anderson at 01236-616478. APPLICATION NO: N/97/00177/FUL
1 SITE AND PROPOSAL
1.1 The application site is zoned “Shopping Centres - to be retained predominately in shopping uses; preferred location for new shopping” as defined by the Cumbernauld Local Plan 1993
1.2 The application site is a former bank currently lying vacant. The proposal is for a change of use to a coffee shop . This will include a coffee shop with a capacity for twenty persons, a kitchen area a take-away section and female/male toilets..
2 CONSULTATIONS
2.1 The Transportation Manager, East of Scotland Water (water), and West of Scotland (Sewers) advised us that they have no objections to the proposals for the change of use to a coffee shop.
2.2 Environmental Services have no objections subject to conditions covering the technical operation of the 0 business. These are matters which can be controlled through their powers. 3 OBJECTIONS
3.1 Following the advertising of the proposal, two letters of objection were received from Mr John D Allan and Mr James P. N Cochrane on behalf of the Cumbernauld Churches Bookshop Ltd and Kildrum Parish Church, Cumbernauld.
3.2 The objector’s premises are located at 12 Ettrick Square, just to the interior of the Phase 4 shopping development. The objectors are opposed to this proposal as it is in close proximity to their business and they fear it would be a detrimental factor to allow the change of use to go ahead on trading grounds.
4 CONCLUSIONS
4.1 It is not appropriate or valid for the Planning Authority to refuse permission on the grounds that a proposal would affect the trade of a nearby similar shop. The use of these premises as a coffee shop is a suitable in a town centre. 4.2 It also must be borne in mind that this proposal would provide an opportunity to bring a currently vacant unit back into use. Accordingly, it is recommended that planning permission be granted. Application No: N/97/00 178LFUL
Date Registered: 25th June 1997
APPLICANT: IAN HERON, 16 GARTSHORE GARDENS, BLACKWOOD, CUMBERNAULD.
Agent:
DEVELOPMENT: RELOCATE EXISTING FENCE
LOCATION: 16 GARTSHORE GARDENS, BLACKWOOD, CUMBERNAULD, G68 9NH
Ward No: 61
272467 674294
G.L.A
Site History: No known history for the application site
Development Plan: Zoned as - sites for new housing development in adopted Cumbernauld Local Plan 1993
Contrary to Development Plan: No
CONSULTATIONS:
Objection: No Objection: Conditions: No Reply:
@ REPRESENTATIONS:
Neighbours: 1 Letter of objection from neighbouring resident Newspaper Advert: Not required
COMMENTS: The application is for the relocation of a garden fence at 16 Gartshore Gardens, Blackwood, Cumbernauld. One letter of objection from a neighbouring resident has been received and the Transportation Manager has recommended that conditions regarding visibility be imposed on any approval. I do not consider that the grounds of objection merit refusal of the application and I would recommend that planning permission be granted subject to the conditions including those recommended by the Transportation Manager.
RECOMMENDATION: Grant planning permission subject to the following conditions:
1. That the development hereby permitted shall be stated, within five years of the date of this permission. Reason/ ------
I \\ I I I -2-
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1972
2. That before development starts, hll details of the design and location of the fence to be erected on the site shall be submitted to, and approved by the Planning Authority.
Reason: These details have not been submitted.
3. That no part of the fence hereby permitted shall be erected within the area shaded blue on the approved plans.
Reason: In the interest of public safety a List of Background Papers:
Planning Application Form and Plans Cumbernauld Local Plan 1993 Consultation from Transportation Section dated 30th June 1997 Letter of Objection from Mr R Wilson, 18 Gartshore Gardens, Blackwood dated 27th June 1997
Any person wishing to inspect these documents should contact Miss Gillian Anderson at 0 1236-6 16478, APPLICATION NO: N/97/00178/FUL
1 SITE AND PROPOSAL
1.1 The application site is covered by Housing Policy HG5 - New Residential Development, as defined by the Cumbernauld Local Plan 1993.
1.2 The proposal is for the relocation of an existing garden fence at 16 Gartshore Gardens, Blackwood, Cumbernauld, 1950mm high. The existing fence is of the same height as the proposed fence and is approximately 2.5m set back from the proposed fence at its hrthest point. The existing fence is of a vertical slatted style and the proposed fence is likely to be of a similar style
2 CONSULTATIONS
2.1 The Transportation Manager has advised me that he has no objections subject to conditions. His comments were that a visibility splay of 2.5m x 20m for the driveway at No 18 Gartshore Gardens, Blackwood should be provided.
0 3 REPRESENTATIONS
3.1 I have received one letter of objection from the occupier of the dwellinghouse, 18 Gartshore Gardens, Blackwood. The objector believes this would represent a danger to the safety of pedestrians in general and children in particular, for these reasons the owner feels he must object to the proposal.
4 ANALYSIS AND RECOMMENDATION
4.1 I have noted the Transportation Manager’s comments and conditions and those comments from the objector at No 18 Gartshore Gardens, regarding the relocation of the garden fence at No 16 Gartshore Gardens. He has confirmed that he has no objections to this proposal subject to conditions regarding the provision of a pedestrian visibility play for vehicles using the driveway. This condition can be met by the applicant if the fence is relocated at the boundary with the neighbour. I have incorporated a condition covering this requirement into my recommendation.
4.2 I am of the opinion that whilst there has been a letter of objection submitted none of the issues raised merits refusal of the application and I would recommend that planning permission be granted subject to 0 conditions. Application No: N/97/00 189EUL
Date Registered: 6th June 1997
APPLICANT: THE RESIDENTS 2-8 STONEYETTS ROAD MOODIESBURN G69 OAQ
Agent: Mr & Mrs Drummond 2 Stoneyetts Road Moodiesburn G69 OAQ
DEVELOPMENT: CHANGE OF USE OF FOOTPATH AND ACCESS LANE TO GARDEN GROUND 0 LOCATION: SITE ADJACENT TO 2-8 STONEYETTS ROAD Ward No: 68 Grid Reference: 269822671237
File Reference: PW
Site History: No known planning history for the application site.
Development Plan: Strathkelvin District (Southern Area) Local Plan adopted May 1983 Strathkelvin District Local Plan (Finalised Draft) approved 1995
Contrary to Development Plan: No
CONSULTATIONS:
Objection: No Objection: Police Conditions: West of Scotland Water No Reply:
REPRESENTATIONS:
Neighbours: No response Newspaper Advert: Not required
COMMENTS: This application seeks to enclose a footpath and an access lane, both of which are located to the rear of the properties at 2-8 Stoneyetts Road, into the gardens of these houses.
The application has been made because the residents of the above properties have alleged that the footpath has become a meeting place for anti-social youth activity to the detriment of their residential amenity.
Strathclyde Police have confirmed that this mis-use of the footpath has been an ongoing problem and are supportive of the application.
It is considered that the effect of this anti-social behaviour of youths on adjacent residents has to be balanced against any general inconvenience sustained by the larger community as a result of footpath closure. There is an alternative footpath route and therefore it is recommended that the application be approved.
A formal footpath Closure Order will be required if the decision is taken to approve this application, and this will be the subject of a separate report to Committee.
RECOMMENDATION: Grant subject to the following conditions:-
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That before development starts a scheme of garden landscaping for the land to be enclosed shall be submitted to, and approved by, the Planning Authority.
Reason: In the interests of the amenity of the site and the general area. 3 That within the first planting season following the enclosure of the land all landscaping included in the scheme approved under the terms of Condition No.2 above shall be completed; any trees, shrubs or areas of grass which die, are removed, damaged or become diseased within three years of the footpath closure shall be replaced in the next planting season with others of a similar size and species.
Reason: In the interests of the amenity of the site and the general area.
4. That before development 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 by, the Planning Authority.
Reason: In the interests of the amenity of the site and the general area..
5. That concurrently with the enclosure of the land, the fences or walls for which the permission of the Planning Authority has been approved under Condition No.4 above, shall be erected.
Reason: In the interests of the amenity of the site and the general area..
6. That before the development hereby permitted is completed or brought into use, the existing lighting column within the footpath shall be removed and satisfactory heel kerbs shall be formed at the affected footways at the expense of the developer and the satisfaction of the Council as Planning and Roads Authority.
Reason: In the interests of pedestrian safety.
7. That any alterations to the statutory undertakers’ apparatus shall be carried out to the satisfaction and requirements of the respective statutory undertakers; in this respect it should be noted that West of Scotland Water has advised that they will require access to the public sewer manholes at the rear of the proposed stopped up footpath and there will be restrictions on planting trees or shrubs over or close to the public sewers that run along the length of the footpath which is to be stopped off.
Reason: To protect statutory undertakers’ apparatus.
List of Background Papers: Application form and plans Strathkelvin District (Southern Area) Local Plan 1983 Strathkelvin District Local Plan (Finalised Draft) 1995 Consultation replies; West of Scotland Water dated 3 July 1997, Strathclyde Police dated 25 June 1997. Pre-application letters from Council to applicant dated 24 April 1997, 30 April 1997. Scottish Office Stopping Up Order Report dated 18 January 1996.
Any person wishing to inspect these documents should contact Paul Williams at 01236- 616464. APPLICATION NO: N.97/00189/FUL
1.o PROPOSAL AND SITE
1.1 The site is within the Gartferry Mains Housing estate in Moodiesburn which was constructed in the early 1970s. The estate has a layout typical of this period with footpath links between all four streets to the east of Stoneyetts Road.
1.2 The application site includes an open area which is currently used as a vehicular access to rear driveways and garages at 2-8 Stoneyetts Road and a footpath which lies to the east of this.
This area is covered by Unaffected Areas policies as defined by both local plan appropriate to the area namely the Strathkelvin District (Southern Area) Local Plan 1983 and The Strathkelvin District Finalised Draft Local Plan. As such the proposal is not considered to be contrary to policy.
Strathclyde Regional Council promoted a Stopping Up Order in 1995 covering all the footpath links within the Gartferry Mains Estate on the basis that there was a suitable alternative route and the footpaths were unnecessary. As a result of objections determination of the Order was to be undertaken through the Secretary of State.
1.5 The Scottish Office reporter concluded that the footpaths should not be closed as he considered that there were problems with the alternative routes. He did not consider that he was entitled to take account of anti-social behaviour.
1.6 This application has been submitted as result of concerns over the mis-use of these footpaths. As they have been the subject of anti-social activities such as loitering and vandalism the residents whose properties are adjacent to them wish to have them closed. Discussions have taken place with the residents concerned and it has been proposed that this footpath in particular be considered for closure.
1.7 In this case all the residents adjacent to the lane have agreed to sub-divide the land 0 into their own gardens, along with the adjacent common access lane. In addition, the owners of the footpath, Christian Salvesen plc, would be prepared to transfer the title of the land to the residents provided reasonable expenses were met.
2.0 CONSULTATIONS AND OBJECTIONS
2.1 No objections or representations have been received from notified neighbours. West of Scotland Water have advised that there are both foul and surface water sewers located in the vicinity of the footpath. They have, therefore, requested that no trees be planted or development take place which would obstruct access to the sewers without the prior consent of West of Scotland Water. In addition the Transportation Section of this Department have requested, that should the proposal go ahead, the applicant meets the costs of the removal of the existing lighting column and that a satisfactory heel kerb is formed on the affected footways. Strathclyde Police have been consulted and have confirmed that there is a general problem of anti-social youth behaviour in the area and are supportive of proposals to remove an area of opportunity for this activity. 3.0 OBSERVATIONS AND CONCLUSION
3.1 While consideration must be given to those who use the footpath legitimately it is considered that in this case the anti-social behaviour of the minority has become such a problem to warrant its closure.
3.2 The closure of the footpath will block off a shortcut between two residential streets for pedestrians and will involve a diversion of approximately 100 metres to get between the two points connected by the footpath.
3.3 This alternative route would be to walk along the pavement at Stoneyetts Road which, it is considered would not greatly inconvenience residents or have a detrimental effect on road safety. Taking account of the above it is recommended that planning permission be approved. Application No: N/97/00 194/0UT
Date Registered: 26th. June 1997
APPLICANT: HIGHWYND LTD., 21 KINGSHILL AVENUE, CUMBERNAULD, G68 9NF
Agent:
DEVELOPMENT: ERECTION OF SINGLE STOREY DWELLING (ON OUTLINE)
LOCATION: PLOT 5, CARRICKSTONE FARM, EASTFIELD ROAD, CUMBERNAULD
Ward No: 52
Grid Reference: 275901 - 676149
0 File Reference: GL Site History: PA95/27 - Redevelopment for residential, offices and commercial uses at Carrickstone Farm, Cumbernauld
Development Plan: Zoned as a site for a new shopping development in the Cumbernauld Local Plan.
Contrary to Development Plan: Yes
CONSULTATIONS:
Objection: No Objection: Transco and Scottish Power Conditions: No Reply: East of Scotland Water
REPRESENTATIONS: Neighbours: One letter of objection received from a neighbour Newspaper Advert: Not required
COMMENTS: The application (in outline) seeks a change from that permitted by Cumbernauld Development Corporation in 1995. The approved use for the site is an office and associated car park accessed from Eastfield Road. This use has not been implemented and the ground remains vacant. The applicant now seeks approval, in principle, for the erection of a single storey dwelling on the site instead of the 1.'/z storey office.
The site is to be accessed from Eastfield Road which lies to the northern boundary of the site, to the east and south west of the site are residential properties. To the south the land slopes away and is open space.
The/
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The development plan (Cumbernauld Local Plan) shows the site and the surrounding land of the former Carrickstone Farm as being zoned for new shopping development. Whilst the current proposal is technically contrary to the development plan the most recent planning decisions are regarded as superseding the proposals contained in the development plan. Cumbernauld Development Corporation approved a scheme for the redevelopment of Carrickstone Farm, including a much reduced element of shopping provision to that perhaps originally envisaged but including residential and a commercial use. It should be remembered that the application site could yet be developed for office use.
One letter of objection has been received from a neighbour and the grounds of objection are dealt with in detail in the attached report. In planning terms the proposed change of use is considered to be acceptable and in many regards is preferable to the permitted office development. It is therefore recommended that planning permission be granted.
RECOMMENDATION: Grant, subject to the following conditions:-
1. That the development hereby permitted shall be started, either within five years of the date of th~spermission, or within two years of the date on which the last of the reserved matters are approved, whichever is the later.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That within three years of the date of this permission, a planning application for approval of the reserved matters, specified in Condition (3) below, shall be made to the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
3. 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 the dwelling and other structures; (b) The means of access to the site; (c) The layout of the site, including garden ground, driveway, parking areas and garage; (d) The details of, and timetable for, the hard and soft landscaping of the site;
(e) The/ -3-
(e) The design, height and location of all boundary fences; (f) Details of existing trees, shrubs and hedgerows to be retained; (g) Details of existing and proposed site levels, and (h) Details of proposed finished floor levels.
Reason: To enable the Planning Authority to consider these aspects in detail.
4. That notwithstanding the generalities of Condition (3) above, the access and internal parking arrangements shall be designed to incorporate the following:-
(a) Connection to Eastfield Road must be by a road junction 5.5 metres wide with 6 metre corner radii. The first 6 metres from the channel line to be constructed in accordance with the specifications contained in North Lanarkshire Council's Roads Guidelines for residential roads. (b) The connection should be located at the mid-point between Dullatur Road (to the Village) and Camckstone View. (c) A visibility splay of 4.5 metres by 120 metres should be provided and thereafter maintained in both directions. (d) Parking spaces for three vehicles (minimum) must be provided and maintained within the curtilage. (e) A turning facility must be laid out within the plot to enable vehicles to exit from the plot in a forward gear.
Reason: In the interests of Road Safety.
5. That notwithstanding the generalities of Condition (3) above, the proposed dwelling should be single storey with hipped roofs with a maximum pitch of 35". The dwelling should be designed to ensure that there is no direct overlooking to the western boundary or to the properties on Moray Gardens.
Reason: In the interests of amenity.
6. That notwithstanding the generalities of Condition (3) above, the finishes and materials shall match those used on the new dwelling erected on Plot 4 adjacent.
Reason: In the interests of amenity.
7. That/ -4-
7. That notwithstanding the generalities of Condition (3) above, the following boundaries shall be enclosed as follows:-
(a) The mutual boundary with the dwelling on Plot 4 to the west shall be a 1.8 metre timber vertical boarded fence stained brown. (b) The southern boundary to be a timber vertical boarded fence stained brown, height to vary between 1.5-1.8 metres. (c) The Eastfield Road boundary shall be a 1.5 metre stob and wire fence with Beech hedging.
Reason: In the interests of amenity.
8. That notwithstanding the generalities of Condition (3) above, the dwelling shall be positioned within the area cross hatched in yellow on the approved plan.
Reason: In the interests of amenity.
9. That notwithstanding the generalities of Condition (3) above, and except as may otherwise be agreed in writing by the Planning Authority windows of habitable rooms of the dwelling hereby permitted shall be positioned in such a manner as to ensure that the distance between these windows and the upstairs windows of numbers 8 and 9 Moray Gardens is not less than 18 metres.
Reason: In the interest of amenity.
List of Background Papers:
Application Forms and Plans Consultation responses from Transco dated 10th. July 1997; Scottish Power dated 21st. July 1997 and Transportation Manager dated 25th. July 1997 Letter of objection from Mr. M. Hamilton, 10 Moray Gardens, Westerwood, Cumbernauld G68 OHY dated 1st. July 1997. Cumbernauld Local Plan
Any person wishing to inspect these documents should contact Mr. Graeme Lee on (01236-616474). APPLICATION NO. N/97/00194/OUT
1. PROPOSAL AND SITE
1.1 The site is situated on the south side of Eastfield Road, Cumbernauld. To the west and south east of the site are residential properties, and to the south open space. North of Eastfield Road is also residential in character. The application site shares mutual boundaries with the adjacent house and three of the properties on Moray Gardens. The application site and the adjacent ground including the buildings and ground of the former Carrickstone Farm is zoned for new shopping development in the Cumbernauld Local Plan. In 1996 however, Cumbernauld Development Corporation granted development approval for a mixture of uses including residential, commercial and business uses. The application site itself has approval for an office development.
1.2 The application proposes a change from the office development as permitted by Cumbernauld Development Corporation to residential. The proposal is for one dwelling to be erected on the site with access being taken from Eastfield Road. At this stage, the applicant is seeking outline approval only i.e. whether the principle of residential development of the site is acceptable.
0 2. CONSULTATIONS AND OBJECTIONS
2.1 No adverse comments have been received from any of the consultees, any points raised can be adequately covered by planning conditions.
2.2 One letter of objection has been received from a neighbour. The points of objection can be summarised
C as follows:-
(1) Loss of amenity (2) Loss of privacy as a result of the application site being on a higher level (3) Noise levels from car parking (4) Traffic safety arising from an additional junction on Eastfield Road (5) Environmental impact as a result of the ‘open space’ between the objector’s property and Eastfield Road being developed (6) Loss of tree/shmb belt along the boundary of the site with Eastfield Road. a3 OBSERVATIONS 3.1 The objection from a neighbour covers a number of points. However, before dealing with these in detail it should be stressed that the application site was always intended to be developed. In the scheme for the re-development of Carrickstone Farm as approved by Cumbernauld Development Corporation, this part of the site has approval for a 1.‘/2 storey office and associated car parking.
3.2 The objector considers that any development of this site will lead to a loss of amenity. The objector’s property sits on Moray Gardens to the south east of the application site. The application site is such that it shares a mutual boundary with three properties on Moray Gardens. The shape of the site and the point of access to it dictates that the dwelling would require to be situated at the western end of the plot, i.e. a significant distance away from the objector’s property. The access will be situated to the rear of this property, in the same position as that intended for the office. It is considered that a residential access will generate less vehicular traffic and will as a result, have less impact on amenity (the office had parking provision for eight cars).
3.3. The/ -2-
3.3 The objector states that the proposed development will lead to a loss of privacy due to the difference in levels between his property and the application site. Again the part of the site to the rear of the objector’s property will not be built upon. His property is oriented north facing and adjacent properties on Moray Gardens effectively screen his dwelling from the developable part of the application site.
3.4 The objector states that there will be increased noise levels from car parking. Given that the proposed change of use is from office to residential use, the noise levels are likely to be reduced rather than increased.
3.5 The objector states that the access will cause traffic problems and will have implications for road safety. The Transportation Manager has advised that a satisfactory access can be laid out with adequate visibility splays in both directions on Eastfield Road.
0 3.6 Finally, the objector states that the proposed development will use up the open space between his property and Eastfield Road and will result in the removal of the tree belt. Although it functions temporarily as open space the application site has always been intended for development. The creation of a safe point of access may result in the removal of some of the tree belt. A planning condition can be imposed requiring the submission of a landscaping scheme to replace any trees which may be lost.
3.7 Although no objections have been received from the occupants of numbers 8 and 9 Moray Gardens, the proposed development will arguably have a greater effect on their properties. Each property has an upstairs bedroom window which faces the developable part of the plot. Their interests will however be safeguarded by planning conditions requiring the Council’s approval of final floor levels and the distances between windows of habitable rooms. The proposed dwelling will be restricted to a single storey and the existing screen fencing will be extended to take in the boundary of the application site. The downstairs rooms of 8 and 9 Moray Gardens and their back gardens should retain their current levels of privacy.
4. CONCLUSIONS
4.1 In the Local Plan the site is zoned for a new shopping development. The approval by Cumbernauld 0 Development Corporation in 1996 effectively supersedes the proposals contained in the Cumbernauld Local Plan which was adopted in 1993. The approved use for the site is for an office and eight car parking spaces. It is considered that granting a change of use for the erection of a single dwelling is a more suitable development for the site. The residential use of the site will have less impact on the amenity and privacy of the surrounding residential premises. It is therefore recommended that outline planning permission is granted. Application No: N/97/00202/FUL
Date Registered: 2nd July 1997
APPLICANT: Dr A. M. SMITH AND PARTNERS, KENILWORTH MEDICAL CENTRE, KENILWORTH COURT, NORTH CARBRAIN ROAD, CUMBERNAULD, G67 1BP
Agent: Alex Cullen & CO, 1SA Bloomgate, Lanark, ML 1 1 9EU
DEVELOPMENT: EXTENSION TO SURGERY TO FORM CLINIC AND PHARMACY
LOCATION: KENILWORTH MEDICAL CENTRE, KENILWORTH COURT, CUMBERNAULD, G67 1BP
Ward No: 59 Grid Reference: 275404 673758 - .File Reference: I.E. Site History: PA 94/053 - Erection of Group Surgery and Garage granted dated 15th September 1994
Development Plan: Cumbernauld Local Plan Policy HG4 - Mainly residential areas; existing residential character and amenities to be protected.
Contrary to Development Plan: No
CONSULTATIONS:
Objection: No Objection: West of Scotland Water Conditions: a No Reply: Department of Environmental Services, Department of Leisure Services, East of Scotland Water
REPRESENTATIONS:
Neighbours: No response Newspaper Advert: Not required
COMMENTS: It is proposed to erect a single storey extension onto the existing surgery. The extension is approximately the same size as the existing surgery and will be finished in facing brick and tiles to match the existing building. The extension will provide four consulting rooms, a dark room, an ultra scan room, an x-ray room, a room for a health visitor, a nursing staff room, three physiotherapy rooms and a pharmacy. Ten additional car parking spaces are proposed which satisfies the Transportation Manager. I find the proposals acceptable and would recommend that the application be granted subject to conditions.
Recommendations/
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RECOMMENDATION: Grant, subject to the following conditions:
1 That the development hereby permitted shall be started, within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That the proposed external finishing materials shall match those of the existing building to the satisfaction of the Planning Authority.
Reason: In the interests of visual amenity.
3. That before the development hereby permitted is completed or brought into use, the additional ten car parking spaces shown on the approved plans shall be levelled, properly drained, surfaced in a material which the Planning Authority have approved in writing before the start of surfacing works, and clearly marked out and shall, thereafter, be maintained as parking areas..
Reason: To ensure the provision of adequate parking facilities within the site.
List of Background Papers:
Application Form and Plans Cumbemauld Local Plan Letter from West of Scotland Water dated 16th July 1997
* Any person wishing to inspect these documents should contact Iain Ewart at 01236-616472 Application No. C/97/088/FUL Date registered 18/02/97 APPLICANT MR K BRADLEY, 6A ALBERT PLACE, AIRDRIE, ML6 6DT
Agent DEVELOPMENT ERECTION OF DWELLINGHOUSE LOCATION LAND ADJACENT TO 6A ALBERT PLACE, AIRDRIE
Ward No. 50 Grid Reference 767900656450
File Reference C/PL/AIA390006AOOOLM
Site History Permission refused 12/7/96 for erection of a dwellinghouse on same site, app no C/96/170.
Development Plan Located within an existing residential area and the Drumgelloch Conservation Area on the Approved Monklands Local Plan. Contrary to No. 0 Development Plan CONSULTATIONS
Objection No Objection West of Scotland Water, NLC Environmental Services. Conditions The Coal Authority No Reply
REPRESENTATIONS
Neighbours Three letters of objection
Newspaper Advertisement One
COMMENTS The applicant seeks detailed planning permission for the erection of a dwellinghouse on an area of garden ground adjacent to his existing flatted dwellinghouse. The proposed house would be single storey with dormers and be of traditional design. Letters of objection have been received from four adjacent neighbours, details of which are given in the attached report. There has been no change in circumstances since outline planning permission was refused for a house at this site in July 1996. The proposal is contrary to the policies and guidelines contained in the Local Plan and it is considered that the development would adversely affect the character of the Conservation Area and the amenity of adjacent residents. The approval of this application would set a dangerous precedent for further similar applications which should be resisted. I recommend that permission be refused.
RECOMMENDATION
Refuse, for the following reasons:-
(i) The proposed development is contrary to the policies and guidance of the Adopted Monklands District Local Plan 1991 relating to infill developments and developments within a Conservation Area due to its adverse impact upon existing adjacent dwellinghouses; the inability of the site to accommodate normal planning requirements and the detrimental impact of the development upon the character of the Conservation Area.
RLMC004W/j w \
1 NORTH I APPLICATION NO: C/97/0SS LANARKSHIRE PROPOSAL/SITE: ERECTION OF DWELLINGHOUSE NORTH ? COUNCIL AT 6 A ALBERT PLACE, AJRDRIE SCALE 1: 1250 OBJECTORS * 2
(ii) On the grounds of precedent, as any acceptance of the proposal is likely to lead to further similar developments which would be difficult to refuse and which would harm the quality and integrity of the Drumgelloch Conservation Area.
List of Background Papers
- Application form and accompanying plans. - Letter from West of Scotland Water dated 13/3/97 - Letter from The Coal Authority dated 6/3/97. - Internal memo from Director of Environmental Services dated 26/3/97. - Letter from Ms M. A. Travers, 8 Albert Place, dated 17/2/97. - Letters from B. Cartwright, 6B Albert Place, dated 28/2/97 and 10/3/97. - Letter from R. Bear, 4 Albert Place, dated 25/2/97. - Letters from A. K. Thom, 5 Albert Place, dated 13/2/97 and 24/4/97.
Any person wishing to inspect the above background papers should telephone Coatbridge 812379 and ask for Mrs L McCallum.
RLMC004W/j w 3
APPLICATION NO. C/97/OSS/FUL
REPORT
1. SITE AND PROPOSAL
1.1 Detailed planning permission is sought for the erection of a detached dwellinghouse within the side garden ground of the applicant’s flat at 6A Albert Place. The application site is located on the west side of and fronts onto Albert Place.
1.2 The site measures approximately 14 metres in width and 2 1 metres in depth. The site is surrounded by existing dwellinghouses; to the rear are Council flats; to the south and east are established detached sandstone properties and to the north and north east are two modern bungalows which were constructed in the grounds of Albert House during the 1980’s.
1.3 The proposed house is single storey with pitched roof dormers, the style and materials of which are traditional in appearance. The house would have its main elevation facing Albert Place but access would be taken to the side of the house.
1.4 The site lies withm the Drumgelloch Conservation Area and is within an existing residential area on the Approved Monklands Local Plan.
2. CONSULTATIONS AND OBJECTIONS
2.1 The Coal Authority have no objections to the proposal but in view of past mining in the area they recommend that appropriate technical advice should be sought by the developer.
2.2 The Director of Environmental Services and West of Scotland Water have no objections to the proposals.
2.3 Letters of objection have been received from the owners of four adjacent dwellinghouses,these being the residents to the south east and north of the site and the occupant of the upstairs flat at 6B Albert Place. The objections raised can be summarised as follows:-
(a) the proximity of the proposed development to the existing flat at 6B Albert Place would devalue and detract from the appearance of that property.
(b) the proximity of the proposed house to the surrounding residential properties would result in loss of privacy, daylight and views from those properties.
(c) the proposed house breaches the established building line and the plot is very small with very little associated garden ground. It would therefore not be in character with the other properties on the street or in keeping with the Conservation Area.
(d) the development would involve the loss of trees, shrubs and hedges within the Conservation Area.
(e) that Albert Place has no pavements and is too narrow to accommodate increased traffic, the proposed development would adversely affect public safety. It is stated that ifvehicles are parked in the street bin lorries cannot gain access and the bins are left unemptied. Also, residents are concerned about congestion during construction works.
3. OBSERVATIONS AND CONCLUSIONS
3.1 The applicant was refused outline planning permission for a house at this site in July 1996. The application was assessed against the policies and guidelines of the Approved Monklands Local Plan and involved the consideration of whether the site could be developed in a reasonable manner without any adverse effects on the existing adjacent properties. RLMC004W/Jw 4
3.2 It was considered that the site was not suitable for the erection of a dwellinghouse as it would result in a development which would be out of keeping with and harmful to the character of the Conservation Area and which would adversely affect the amenity of adjacent residents. Furthermore any such development could not comply with the requirements of the Local Plan policies and guidelines. It was considered that the approval of such a proposal would set a precedent for further similar applications leading to the erosion of the quality and integrity of the Conservation Area.
3.3 There has been no change in circumstances since permission was refused which would just@ approval now being given. I, therefore, recommend that permission be refused.
RLMC004W/jw Application No. C/97/ 129/AMEND Date registered 13 March 1997 APPLICANT W H MALCOLM LTD, MURRAY STREET, PAISLEY PA3 1QQ
Agent None DEVELOPMENT REMOVAL OF CONDITION 12 OF PLANNING PERMISSION M/89/021 RE I-IAI'PING OF LORRIES LOCATION MEDROX QUARRY, ANNATHILL
Ward No. 33 Grid Reference 272415669735
File Reference C/PL/ANB3962968000/GBfMD
Site History Medrox Quarry has been a long established quarry where extraction ceased many years ago.
App. No. M88290 was refused permission by Monklands District Council for the infilling of the quarry.
App. No. M8902 1 was granted planning permission for part infilling of the quarry (Phase 1).
App. No. M89622 was refused planning permission for further infilling of the quarry (Phase 2).
Consequently, an appeal was lodged with the Secretary of State regarding the refusal of Application No. M88290 and M89622. Part of this appeal was dismissed but planning permission was granted in relation to the entire infilling of the quarry.
Development Plan Adopted Monklands District Local Plan 1991 (Policies CU 1/3, CU 1/5 and LI 1/4). Contrary to Development Plan No.
CONSULTATIONS
Objection Strathclyde Police. No Objection None. Conditions None. No Reply None.
REPRESENTATIONS
Neighbours None
Newspaper Advertisement One, plus petition containing 29 signatures.
COMMENTS Condition 12 of the planning permission for this site requires that "All vehicle loads of infll material being brought to the site shall be covered until the material is tipped".
RGB003Wmd NORTH APPLICATION NO:C/97/129 NON COMPL,IANCE WITH CONDITION 12 OF M/89/02 I NORTH ? COUNCIL RE: HAPPING OF LORRIES SCA1,13 1 2500 AT MEDDOX QUARRY 296 BIRKENSI4;lW RD ANNATHLLL OBJ E C?'ORS * - The applicants have indicated that it is not safe or practical to require drivers to cover or hap their vehicle's load on a site where a platform is not provided. All sites they operate from are temporary building, demolition or extraction sites and such platforms are not provided.
They therefore wish to have this condition removed from the planning permission granted by The Secretary of State.
RECOMMENDATION Refuse planning permission to remove Condition 12 of Planning Permission &- M/89/02 1 re happing of lorries for the following reason. REASON FOR REFUSAL
1.o By waiving Condition No. 12 of planning permission M/89/021 the Council would allow vehicles with loads of loose material to travel along the public road to Medrox Quarry near Annathill. This would have an adverse effect upon traffic and pedestrian safety and the general amenity of the residents of Annathill and the surroundiner area.
List of Background Papers
- Application Form and accompanying plan. - Adopted Monklands District Local Plan 1991. - Letter from Strathclyde Police dated 26 March 1997. - Letter from Annathill Residents dated 10 April 1997. - Letter from Mr Allan, 8 Annathill Gardens, Annathill, lay 28 Apr 1997 and reply dated 6 iy 1997. - Report to Planning and Development Committee dated 5 June 1997.
Any person wishing to inspect the above background papers should telephone Coatbridge 812374 and ask for Mr Graeme Brown.
RGB003Wmd APPLICATION NO. C/97/129/AMEND
REPORT
1. INTRODUCTION
1.1 Planning permission is sought to remove a condition from a previous planning permission which required all vehicle loads entering the site to be covered until the material is tipped.
2. APPLICATION SITE
2.1 Medrox Quarry is situated on the west side of Mollinsburn Road between Greenfoot and Annathill. The quarry is now disused and the worked area extends to around 7 ha. Since the original planning permission was granted in 1991 the site has been substantially ini‘illed by the operators W H Malcolm. Infilling works are still ongoing.
3. PLANNING POLICY
3.1 Under the terms of the Adopted Monkland District Location Plan 1991 the site is covered by Policies CU 1/3 - Safety Restraint Areas: Gas Pipeline Safety Zones, CU 1/5 - Safety Restraint Areas: Landfill Gas and LI 114 - Landscape Improvement: Low Quality Landscape. These policies relate to Gas Pipeline Safety Zones, Landfill Gas Monitoring and the quality of the landscape and appropriateness for mineral extraction.
3.2 I consider, therefore, that the policies of the Local Plan have no bearing on the merits of this application.
4. THE PROPOSAL
4.1 At present, Condition No. 12 of the planning permission for the site states “All vehicle loads of infill material being brought to the site shall be covered until the material is tipped”.
4.2 The applicants claim that it is impractical and unsafe to have drivers covering the loads in their vehlcles where sheeting platforms are not provided which is the case on the majority of the sites from which they extract material.
4.3 For this reason they wish to have this condition of planning permission waived.
5. CONSULTATIONS
5.1 Strathclyde Police have indicated that they have received complaints about debris falling from lorries and would therefore wish to see the condition remaining attached to the planning permission.
6. REPRESENTATION
6.1 One letter of objection has been received from a resident in Annathill along with a petition signed by a number of Annathill residents. Their concern is as follows:-
“The removal of Condition 12 would be detrimental to the safety of other road users and pedestrians”.
7.0 ASSESSMENT
7.1 The conditions of this planning permission were imposed by The Secretary of State following an appeal by W H Malcolm against the refusal of planning permission for the infilling of the quarry. The condition that vehicle loads should be covered when travelling to the site was imposed following comments received from StrathclydePolice and StrathclydeRegional Council Roads Department. RGB003Mmd 7.2 The validity of the condition has never been tested and I consider that the requirements of the condition would be difficult to enforce by the Council as Planning Authority. I have also taken the advice of the Council’s Legal Department who have confirmed this to be the case. The difficulty arises in that enforcement action can only be taken on matters directly relating to the planning unit, which in this case is the application site (Medrox Quarry).
7.3 W H Malcolm’s lorries are being filled with material from sites outwith North Lanarkshire or from sites that do not have conditions requiring vehicle loads to be covered when leaving the site. The vehicles then travel to the application site via the public road. There is no specific planning legislation which covers the operation of the vehicles at this time.
7.4 The operation of the vehicles on the public road is covered by the Road Vehicle Construction Use Regulations which are enforced by the Police. There is therefore some duplication in the Council’s invovlement as Planning Authority in this matter.
7.5 However, it is obvious that this matter is causing a great amount of concern to the residents of Annathill. The Local Member has also expressed concern over the problem. In view of this concern I do not feel it would be prudent to encourage lorries to travel on the road unsheeted. One way of achieving this would appear to be to attempt to control the matter through the existing planning condition by constantly requesting the applicant to comply and enlisting the assistance of the Police whenever possible. On this basis I would recommend that planning permission for this proposal to have the condition removed be refused.
7.6 It must be noted, however, that should the condition indeed prove unenforceable, it may result in the Council paying the costs that the applicant incurs in defending their position through an Appeal to the Secretary of State.
8. CONCLUSION
8.1 I would conclude that on the weight of concern received from the local residents in Annathill, and the Local Member, that planning permission to have Condition 12 of planning permission M/89/021 removed be refused.
RGB003Wmd Application No. C/97/185/NID Date registered 21 April 1997 APPLICANT NORTH LANARKSHIRE COUNCIL
Agent Construction Design Associates DEVELOPMENT ALTERATION AND CHANGE OF USE OF 2 NO FLATS TO FORM LOCAL AREA HOUSING OFFICE (NOTICE OF INTENT TO DEVELOP) LOCATION 93 AND 107 KELLOCK AVENUE. COATBRIDGE
Ward No. 40 Grid Reference 271990663760
File Reference C/PL/CTK100093/CM/JW
Site History On 4 December 1996 the Council's Housing Committee approved the proposal to change the use of the application site as noted above.
Development Plan The application site is covered by the following policy contained within the adopted Monklands District Local Plan 1991: HG9 Housing Policy for Existing Residential Areas 0 Contrary to Development Plan No
CONSULTATIONS
Objection None No Objection None Conditions None No Reply None
REPRESENTATIONS
Neighbours One
Newspaper Advertisement No Response
COMMENTS The proposed development involves an alteration and change of use of 2 no. flats e to form a local area housing office at 93 and 107 Kellock Avenue, Coatbridge. A letter of objection to the proposals was received on 2 May 1997 and my assessment of the issues raised is contained in the attached report.
As a result of the receipt of these objections this proposal must now be referred to the Secretary of State for Scotland who, on receipt of the relevant information, will decide whether the Council is required to submit a formal application for consideration.
I have assessed the proposals in the attached report and have concluded that the proposal is satisfactory.
RECOMMENDATION
Grant, subject to the conditions on the attached sheet.
RCMOllW/jw NORTH APPLICATION NO: C/97/185 LANARKSHIRE PROPOSAL/SITE: ALTERATIONS AND CHANGE OF USE OF 2 NO. NORTH ? COUNCIL FLATS TO FORM LOCAL AREA HOUSING OFFICE (NOTICE OF SCALE 1: 1250 INTENT TO DEVELOP) ON LAND BETWEEN 93 AND 107 KELLOCK *OBJECTORS AVENUE, COATBRIDGE List of Background Papers
- Application Forms and Plans - The Adopted Monklands District Local Plan 1991 - Letter of Objection from Mr and Mrs J O’Neill, 109 Kellock Avenue, Coatbridge - Report to Housing Committee by NLC Director of Housing (dated December 1996)
Any person wishing to inspect the above background papers should telephone Coatbridge 812376 and ask for Mr Marshal1
RCMO 11 W/j w CONDITIONS
1. That the development hereby permitted shall be started within 5 years of the date of this permission.
Reason : To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That the development shall be carried out strictly in accordance with the plans hereby approved and no change to the design or external finishes shall take place without the prior written approval of the Planning Authority.
Reason : In order to safeguard the property itself and the amenity of the surrounding area.
3. That the premises shall be used a Local Government Office and for no other purpose (including any purpose in Class 2 of the Schedule of the Town and Country Planning (Use Classes) (Scotland) Order 1989, or in any provision equivalent to that Class in any statutory instrument revoking and re-inacting e that Order, without the prior written consent of the Planning Authority.
Reason : In order to ensure that the use of the premises hereby granted remains compatible with the character of the surrounding area, and that no activities take place which might be detrimental to the amenity thereof.
NOTES TO COMMITTEE
If the committee decision is to grant planning permission this application will require to be referred to the Secretary of State.
RCMOl1W.DOC APPLICATION NO. C/97/185/NID
REPORT
1. SITE ENVIRONS AND PROPOSALS
1.1 The application site lies to the north of Kellock Avenue, Coatbridge and consists of part of the larger 3 storey block of flats at 89 - 121 Kellock Avenue.
1.2 The proposals involve the change of use of 2 no. existing residential ground floor flats to form a local area housing office. The works would mainly involve internal alterations and provision of disabled ramp access to the proposed office entrance. The existing windows and new doorway would be protected by roller shutters.
2. REPRESENTATIONS AND COMMENTS
2.1 As noted above in my summary report a letter of objection has been received in respect of this application. The grounds of objection are based on the following considerations
- that the proposal would result in an increase in vandalism and that outwith working hours the premises would be a target for thieves or other nefarious activity.
- that there would be insufficient parking provision to accommodate staff members and existing residents.
- that the loss of two housing units from the Council’s housing stock would be inappropriate as there are other Council premises in Kellock Avenue and Woodside Street that would serve as alternatives.
- that the use of steel shutters to secure the premises would add to the atmosphere of deprivation and dereliction in the area.
2.2 In respect of the points raised above I would offer the following assessment.
Whilst the objectors’ concerns over the development are noted, incidents involving acts of vandalism and other nefarious activity would be a public disorder matter and would not be considered a relevant planning issue. With regard to the concerns expressed over a lack of parking provision it should be noted that there are 20 no. parking spaces provided and this is considered sufficient provision for the proposed development. The matter over the loss of two housing units from the Council’s housing e stock has already been agreed by the Housing Committee on 4 December 1996. It is my view that solid steel roller shutters can have a detrimental impact on the visual amenity of any building however in this instance due to the relatively small window opening and recessed doorway the impact would be minimal. Moreover, the proposal relates to only 2 ground floor flats in a larger block and I do not consider this aspect of the proposal would be significant.
2.3 On this basis I am satisfied that the use of the above premises as a housing area office would not be detrimental to the amenity of the building itself or that of the surrounding area.
3. ASSESSMENT
3.1 Given the nature of these proposals in relation to the existing residential use of this property I am satisfied that these proposals can be fully justified within the scope of policy HG9 of the adopted Monklands District Local Plan 1991.
3.2 This Notice of Intent requires to be processed in accordance with the Town and Country Planning (Development by Planning Authorities) (Scotland) Regulations 1981. In effect, following a period of 21 days from the issuing of the Notice of Intent, planning permission is deemed to be granted for the development by the Secretary of State provided that no representations against the proposals have been RCMO11W/jw . made. In this particular case however, the letter of objection discussed above has been made. Under the Regulations, the local authority is required to give notice of the development and other related matters to the Secretary of State who, on receipt of the information, will decide whether a formal planning application is required to be submitted to him for consideration. If the Secretary of State decides that an application is not required, planning permission will be deemed to be granted. If an application is required, the Secretary of State will determine it within the powers normally used by local authorities in the processing of planning applications.
4. RECOMMENDATION
4.1 It is recommended that the Committee notes the contents of this report and that the Notice will be given, and that relevant information will be passed, to the Secretary of State in accordance with the prescribed Regulations.
RCMOllW/jw Application No. C/97/188/FUL Date registered 23rd April, 1997 APPLICANT MR B MCKAY, 10 FORGE ROAD, AIRDRIE ML6 8PJ
Agent Harley and Murray Architects, 204 Main Street, Coatbridge ML5 3RB DEVELOPMENT ERECTION OF CLASS 1 SHOP UNIT LOCATION 10 FORGE ROAD, AIRDRIE
Ward No. 49 Grid Reference 278900664790
File Reference CPL/AIF57801 O/CM/JC
Site History None
Development Plan HG9 (Housing Policy for Existing Residential Areas) Adopted Monklands District Local Plan 1991 Contrary to Develonment Plan No
Objection None No Objection NLC Environmental Services Conditions None No Reply None
REPRESENTATIONS
Neighbours 15 Newspaper Advertisement Not Required
COMMENTS This application seeks planning consent to erect a single storey class 1 shop at a site adjacent to 10 Forge Road, Airdrie. The site consists of an open grassed area located on the corner of Forge Road and Towers Road at the entrance to the Moffat Mills housing area. The shop unit would consist of a single unit measuring 6.0m x 10.0m and would be constructed of facing brick with a double pitched roof. An off-road parking and servicing area is also proposed. My observations and comments on the objections raised by the neighbours are included in the attached report. On assessing the application it is my view that firstly the proposals accord with the terms of the adopted development plan as the need for a shop unit in this area can be demonstrated by the existing lack of provision and secondly the proposals would not compromise the existing amenity of the surrounding area.
, RECOMMENDATION r-Grant, subject to the conditions on the attached sheet.
RCM006J/JC \i iJlhir copy has been producea speclrlcally Tor Planning & Building Control purposes only. No further copies may be made. \
Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty's Stationery Office 8 Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings.
North Lanarkshire Council. Licence No. LA 09041L. 1996
, ,\....I, r
NORTH APPLICATION NO: C/97/188 LANARKSHIRE PROPOSAL/SITE: ERECTION OF CLASS 1 SHOP UNIT AT 10 FORGE NORTH ? COUNCIL ROAD, AIRDRIE SCALE 1: 1250 CONDITIONS
1. That the development hereby permitted shall be started within 5 years of the date of this permission.
Reason : To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That the development shall be carried out strictly in accordance with the plans hereby approved and no change to the design or external finishes shall take place without the prior written approval of the Planning Authority.
Reason : In order to safeguard the property itself and the amenity of the surrounding area.
3. That before development starts, full details andor samples 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 and in order to safeguard the property itself and the amenity of the surrounding area.
4. That the premises shall be used as a retail shop unit and for no other purpose (including any purpose in Class 1 of the Schedule of the Town and Country Planning (Use Classes) (Scotland) Order 1989, or in any provision equivalent to that Class in any statutory instrument revoking and re-inacting that Order, without the prior written consent of the Planning Authority.
Reason : In order to ensure that the use of the premises hereby granted remains compatible with the character of the surrounding area, and that no activities take place which might be detrimental to the amenity thereof.
5. That before the development hereby permitted is completed, or brought into use, a 2 metre wide footway shall be constructed along the full frontage of the site, in accordance with specificationsof the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority.
Reason : In the interests of traffic safety at the locus. e 6. That a visibility splay of 4.5 metres by 90 metres, measured from the road channel, shall be provided on both sites of the vehicular access and before the development hereby permitted is completed, or brought into use, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sightline areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected , or allowed to grow, within these sightline areas.
Reason : In the interests of traffic safety at the locus and in the interests of public safety.
7. That before development starts, details of the surface finishes to all parking and manoeuvring areas shall be submitted to, and approved in writing by, the Planning Authority.
Reason : To enable the Planning Authority to consider these aspects in detail and in order to safeguard the property itself and the amenity of the surrounding area.
RCM006J.DOC List of Background Papers
- Application Form and Accompanying Plans - Adopted Monklands District Local Plan 1991 - Letters of Objection from:
Mr and Mrs J Murdoch, 4 Ream Avenue, Moffat Mills, Airdrie (dated 16 April, 1997) Ms E. Simpson, 14 Forge Road, Airdrie (dated 20 April, 1997) E Devine, 12 Forge Road, Airdrie (dated 17 April, 1997) Mr and Mrs R Downie, 2 Ream Avenue, Airdrie Ms T G Mason, 1 Gimmerscroft Crescent, Airdrie (dated 19 April, 1997) C. Flannigan, 12 Inverdale Avenue, Airdrie (dated 23 April, 1997) Mr and Mrs D Cochrane, 16 Inverdale Avenue, Airdrie (dated 23 April, 1997) Ms K Kubican, 2 Gimmerscroft Crescent, Airdrie (dated 15 April, 1997) Ms R Manson, 7 Gimmerscroft Crescent, Airdrie (dated 16 April, 1997) Mr and Mrs I Fraser, 4 Gimmerscroft Crescent, Airdrie (dated 14 April, 1997) Ms R Boyd, 8 Gimmerscroft Crescent, Airdrie (dated 14 April, 1997) Ms J Beveridge, 18 Inverdale Avenue, Airdrie (dated 21 April, 1997) Ms G M Greensheilds, Craigends House, Craigends Road, Airdrie (dated 21 April, 1997) Mrs L Bron, 10 Gimmerscroft Crescent, Airdrie (dated 14 April, 1997) Ms K Smith, 12 Gimmerscroft Crescent, Airdrie
Any person wishing to inspect the above background papers should telephone Coatbridge 812376 and ask for Mr C Marshal1
RCM006J/JC APPLICATION NO. C/97/188/FUL
REPORT
SITE AND PROPOSAL
Detailed planning permission is being sought for the erection of a Class 1 shop unit located on ground adjacent to 10 Forge Road, Moffat Mills, Airdrie.
The site extends to some 0.22 ha and is situated to the south west of the road junction between Forge Road and Towers Road. It consists of an area of flat grassland, however, at the eastern boundary the site contours fall sharply, forming an embankment to Towers Road. The surrounding area is predominantly residential.
The proposal would involve the provision of a single detached shop unit measuring 6.0m x 10.0m. It would be constructed on facing brick with a double pitched tiled roof. The proposal would also include provision of 6 no. off-street car parking spaces to the front of the shop and a service accesdparking space provided to the rear. In addition a 2.0 metre wide footpath would be provided adjacent to Forge Road and Towers Road.
The site is located with an existing residential area as designated by the Adopted Monklands District Local Plan 1991.
CONSULTATIONS AND OBJECTIONS
The Director of Environmental Services have no objection to the proposal.
Letters of objection have been received from the owners of fifteen dwellinghouses which are generally located adjacent to the application site boundary. Two of these objectors reside in Gimmerscroft Crescent which is situated to the north off Ream Avenue. The objections raised can be summarised as follows:
the proposed shop unit would reduce property values.
the proposal would result in a loss of amenity due to increased levels of litter, pollution and noise and would also be detrimental to visual amenity. Concern was also expressed over the lack of a bin storage area.
Various objectors were concerned that the shop would become a focal point for gangs of youths which may lead to increased levels of vandalism or other forms of nefarious activity to the detriment of the safety of the surrounding residents. It was further expressed that these problems would be compounded should the shop gain an off-sales licence to sell alcohol.
there is no need for a shop at this location as the area is adequately served by existing shops located at Varnsdorf Way, Glen Road and Clarkston.
the application site was considered to be an inappropriate location for this facility and a site located nearer the nearby High School was suggested as an alternative.
the proposed shop unit would result in increased traffic congestion and traffidpedestrian safety would be compromised.
RCM006JNC 3. OBSERVATIONS AND CONCLUSIONS
3.1 The proposal generally accords with the Adopted Monklands Local Plan 1991. Under the terms of Policy HG9B, developments of an ancillary nature (including corner shops, nursery schools and local health facilities) may be considered acceptable subject to amenity considerations and there being a proven need for the facility. It is my view that there is a distinct lack of provision in the immediate area as the nearest shop unit is located at Varnsdorf Way neighbourhood centre, situated approximately 1 km from the application site. There are other local shopping facilities in the PetersburdClarkston area, however, these are located even further away at Glen Road, Willow Drive, Forrest Street and Clarkston.
3.2 Having determined a need for a local shop in the Forge Road area I would offer comment on the objections raised by neighbouring residents.
3.3 The issue over whether or not the proposal would reduce property values is not a valid planning consideration. Indeed it could well be argued that with such a facility, property values could increase.
3.4 In terms of the proposals impact on general amenity considerations it is my view that suitable provision may be made to ensure litter is kept to a minimum through provision of bins and regular cleansing service provided by the Director of Environmental Services. It is accepted that service vehicles would occasionally visit the locus, however, I do not consider there would be significant loss of amenity to render the proposal unacceptable. Whilst the appearance of the site would change I do not consider the proposal would have an adverse impact on the visual amenity of the area. The scale, design and finish of the proposed shop unit is considered acceptable and as such would by itself not represent a loss of visual amenity.
3.5 The concerns expressed by the objectors regarding vandalism and other forms of nefarious activity are noted, however, these issues relate to matters outwith the scope of my consideration of this application as they relate to social problems controlled by the police. Whilst there would be no planning policy to prevent a Class 1 shop unit from selling alcohol this matter would be for the Council’s Licensing Committee to consider.
3.6 It is claimed by the objectors that the immediate area is already adequately served by local shops. Conversely, it is my view that as the nearest alternative is located approximately 1 km away from Forge Road, the existing provision is unsatisfactory particularly for pedestrians and further consider the proposal would improve the existing situation.
3.7 An objector suggested that a better alternative site would be on waste ground located close to Caldervale High School. The HG9 policy does suggest that ancillary facilities should be grouped with other local shops and schools. However, the reason for this direction relates to a desire to create local neighbourhood centres with an aim to serve the needs of the general community. In this instance whilst the shop would undoubtedly provide a useful facility for school children it would remain remote for other customers and as such may not best serve the wider community.
3.8 The proposals include provision of customer parking, service parking and provision of a 2m wide footway around the frontage of the site at Forge Roadflowers Road. The proposal would attract additional vehicles to the area, however, I would consider that satisfactory provision would be made to accommodate the needs of pedestrians and vehicles. As such it is my view that the proposal would not result in traffic congestion nor compromise road safety matters.
3.9 In view of the above consideration I would conclude that I consider the applicants proposals to be acceptable as there would be no significant loss of amenity to the site itself or to the surrounding area. Having satisfied the above amenity consideration and established a need for the facility the proposal accords with the terms of the policy. As such I recommend to Committee the application is approved subject to conditions.
RCM006J/JC Application No. C/97/198/FUL Date registered 29 April 1997 APPLICANT MR J HUGHES, 20 BLAIRHILL STREET, COATBRIDGE ML5 1PG
Agent None DEVELOPMENT FORMATION OF DRIVEWAY AND PARKING AREA LOCATION 20B BLAIRHILL STREET, COATBRIDGE
Ward No. 32 Grid Reference 272650665150
File Reference C/PL/CTB486020B/CM/JW
Site History Although this impressive Victorian villa was converted to 2 no. flats some time ago there is no record of a planning permission for this alteration.
P93333 Erection of Dwellinghouse within Curtilage of Existing Dwellinghouse (In Outline) Refused 1st November 1993.
Development Plan The application site is located within Blairhill and Dunbeth Conservation Area (ENV15/1) and is zoned as an existing residential area (HG9) under the terms of the Adopted Monklands District Local Plan 1991. Contrary to Development Plan Yes
CONSULTATIONS
Objection None No Objection None Conditions None No Reply None
REPRESENTATIONS
Neighbours One
Newspaper Advertisement None
COMMENTS The applicant seeks detailed planning permission for the formation of an additional driveway and parking area on an area of garden ground adjacent to his existing upper flatted dwellinghouse. Access would be taken from Carradale Street which bounds the southern part of the site. The proposal would involve the removal of part of a sandstone boundary wall, formation of a driveway measuring 2.7 m wide and approximately 17.4 m in length. The proposed parking area would measure 7.3 m by 12.8 m and would be situated to the rear of the garden plot. The driveway/parking area would be surfaced with red coloured chips, however, the first 4.6 m of the driveway would be slabbed. The formation of the access would also entail the removal of a mature tree and may result in terminal root damage to 2 no. other trees. A letter of objection was received from a neighbour who resides in the ground floor flat, details of which are provided in the attached report. I consider the proposal would be contrary to the terms of the Council’s Design Guidance for Conservation Areas as it would be detrimental to the character and setting of the traditionally designed villa and garden area. In addition it should be noted that the property already has an existing vehicle access from Blairhill Street. I recommend that the application is refused planning permission.
RCMO 13W/j w NORTH APPLICATION NO: C/97/198 LANARKSHIRE PROPOSAL/SITE: FORMATION OF DRIVEWAY AND PARKTNG AREA NORTH ? COUNCIL AT 20B BLAIRHILL STREET, COATBRTDGE SCALE 1: 1250 ./’ *OBJECTORS RECOMMENDATION
Refuse for the following reasons: 9K- The proposed development is contrary to the policies and guidance of the Adopted Monklands District Local Plan 1991 relating to developments within a Conservation Area due to its adverse impact on character and setting of a property within the Conservation Area.
List of Background Papers
- Application Form and Accompanying Plan - Adopted Monklands District Local Plan 1991 - Letter of Objection dated 20 April 1997 from Mr J D Paton, 20 Blairhill Street, Coatbridge.
Any person wishing to inspect the above background papers should telephone Coatbridge 812376 and ask for Mr C Marshall.
RCMO13W/jw APPLICATION NO. C/97/198/FUL
REPORT
1. SITE AND PROPOSAL
1.1 Detailed planning permission is being sought for the formation of an additional driveway and parking area on garden ground adjacent to an upper flatted dwellinghouse located at 20 Blairhill Street, Coatbridge.
1.2 The application site is located within the Blairhill and Dunbeth Conservation Area and is situated on the corner of Blairhill Street and Carradale Street. It forms part of the curtilage of an impressive Victorian villa that was converted to 2 no. flats some time ago. The building and its extensive curtilage remain largely in their original condition and the extensive garden grounds are likewise preserved and secluded from the public road by a high sandstone wall and variety of mature trees located along its edge.
1.3 The proposal would involve the provision of an access from Carradale Street by removing part of the sandstone boundary wall to provide an opening. Part of the front lawn would be removed to provide driveway measuring approximately 2.7 metres wide and 17.4 metres in length. In addition a parking area measuring 7.3 metres x 12.8 metres would be situated in the rear garden area. Both the driveway and parking area would be surfaced with red coloured chips with the first 4.6 metres of the driveway surfaced with concrete slabs. The formation of the access would also entail the removal of a mature tree. In total the proposal would involve the formation of a hardstanding area amounting to 140 m2.
2. CONSULTATIONS AND OBJECTIONS
2.1 There were no external consultees involved in consideration of this application.
2.2 A letter of objection was received from the applicant’s neighbour who resides in the ground floor flat of the building. The grounds for the objection are summarised as follows:-
(a) that the applicant’s title arrangements do not permit this type of alteration.
(b) that the proposal would result in a loss of symmetry to the garden grounds which would be detrimental to the amenity of the property and to the aims of conservation.
3. OBSERVATIONS AND CONCLUSIONS 0 3.1 It should firstly be noted that the property is already served by an existing access from Blairhill Street. This provides vehicular access to parking areas to the north and south sides of the villa.
3.2 The Victorian villa was constructed in 1858 and represents one of the original villas of its type in the Blairhill area. Although converted to 2 no. flats some time ago it retains much of its original architectural character. Indeed, its setting within large extensive garden grounds adds to its standing and character.
3.3 Whilst the proposals may appear minor in description it is my view that they would be inappropriate in this instance. The proposals would result in a significant alteration to the extensive garden area by forming approximately 140 m2 of additional hardstanding. This factor taken with the additional loss of part of the sandstone boundary wall, removal of a mature tree and potential damage to two others would be detrimental to the character and setting of the traditionally designed villa and its setting. As such the proposal would be considered as being contrary to the terms of the Council’s Design Guidance for Conservation Areas.
RCM013W/jw 3.4 Whilst the legal concerns expressed by the objector would be outwith the scope of my consideration of this application, the concerns expressed about the loss of symmetry and character would be supported by the Council’s Design Guidance. As such this particular aspect of the objection would be sustained.
3.5 In view of the above considerations it is my view that the proposal is unacceptable and recommend the application is refused planning permission.
RCMO 13 W/j w Application No. C/97/220/FUL Date registered 30 May 1997 APPLICANT ROBINBROOK LTD, 66 MARGARET STREET, LONDON
Agent Colin Ely & CO,40 St Enoch Square, Glasgow G1 4DH DEVELOPMENT CHANGE OF USE OF SHOP TO HOT FOOD SHOP LOCATION 22 SOUTH BRIDGE STREET, AIRDRIE
Ward No. 41 Grid Reference 276055 665530
File Reference C/PL/AIS3770220000/GB/JW
Site History None
Development Plan Adopted Monklands District Local Plan 1991 (Policies COM4, COMlO and ENVl5/3) Contrary to Development Plan No
CONSULTATIONS
Objection None No Objection None Conditions None No Reply None
REPRESENTATIONS
Neighbours None
Newspaper Advertisement No response
COMMENTS The applicant proposes to change the use of this existing shop unit on the west side of South Bridge Street, Airdrie to a hot food shop.
The property lies within the Airdrie Victoria and Town Centre Conservation Area as defined by policy ENV15/3 of the Adopted Monklands District Local Plan 1991. The shop, however, forms the ground floor of a modern building which houses another hot food takeaway and a large retail store. The retail store has storage space at the upper level.
The site is also covered by policy COM4 of the Local Plan which designates the area as a Secondary (Retail) Core Area, and allows for uses related to shopping such as hot food takeaways so long as there is no nuisance to neighbouring proper- ties (Policy COM10).
With the adjacent uses all being commercial I do not consider this use will detrimentally affect the existing amenity of any neighbours of the shop. Further, whilst it is within the Conservation Area, the shop is within a modern building and the change of use will have little or no effect on the architectural character of the Area. Finally no third party representations have been made, either as a result of the newspaper advertisement or neighbour notification.
In view of the foregoing I consider the proposal to be acceptable and recommend that planning permission be granted subject to the conditions on the attached sheet.
RGB004W/jw NORTH APPLICATION NO: C/97/220 LANARKSHIRE PROPOSAL/SITE: CHANGE OF USE OF SHOP TO HOT FOOD SHOP NORTH f COUNCIL AT 22 SOUTH BRIDGE STREET, AIRDRIE SCALE 1: 1250
I I RECOMMENDATION 8Grant, subject to the conditions on the attached sheet. List of Background Papers
- Planning application form and accompanying plans - Adopted Monklands District Local Plan 1991 - Letter to agent dated 29 May 1997 and reply dated 2 June 1997 - Letter from agent dated 13 June 1997 - Letter from agent dated 23 June 1997 and reply dated 4 July 1997
Any person wishing to inspect the above background papers should telephone Coatbridge 812374 and ask for Mr Graeme Brown.
RGBOO4 W/jw CONDITIONS
1. That the development hereby permitted shall be started within 5 years of the date of this permission.
Reason : To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That prior to any work starting on site full details of the internal kitchen layout and design specification for the external ventilation duct shall be submitted for the consideration and written approval of the Council as Planning and Environmental Health Authority.
Reason : In order to consider the matters yet to be submitted in the interests of the amenity of the surrounding area.
3. That before the change of use takes place the applicants shall install a litter bin outside the shop for customer use.
Reason : To prevent a litter nuisance in the interest of the amenity of the surrounding area.
4. That notwithstanding the provision of the Town and Country (Control of Advertisements)(Scotland) Regulations 1984, no fascia signs, adverts, or projecting signs, shall be erected on the premises without the prior written consent of the Planning Authority.
Reason : To enable the Planning Authority to retain effective control.
RGB004W.DOC Application No. C/97/222/FUL Date registered 20 May 1997 APPLICANT DIXONS STORES GROUP, 200 MAYLANDS AVENUE, HEMEL HEMPSTEAD HP2 7TG
Agent RPA Architectural Consultants, 91 Church Road, Ashford TW15 2NH DEVELOPMENT INSTALLATION OF AIR CONDITIONING UNIT WITH SECURITY SCREEN. LOCATION UNIT 1, AIRDFUE RETAIL PARK, AIRDRIE
Ward No. 50 Grid Reference 276235665025
File Reference C/PL/AIG21 O/AB/JW
Site History Consent for the erection of this retail development was granted under the terms of planning consent ref C/96/138.
Development Plan Under the terms of the adopted Monklands District Local Plan 1991 the application site is covered by the following policies/proposals
ECON2 Existing General Industrial Areas ECONl3/6 Improvement of Industrial Sites Contrary to Development Plan No.
CONSULTATIONS
Objection None No Objection None Conditions NLC Environmental Services No Reply None
REPRESENTATIONS
Neighbours 1
Newspaper Advertisement Not required
COMMENTS This proposed development consists of the installation of an air conditioning unit to the rear of Unit 1 of the Airdrie Retail Park, Gartlea Road, Airdrie.
The proposed unit would be of a standard type design and would be sited at floor level, to the immediate rear of the unit.
The objection received in respect of the proposals details a number of issues of concern relative to the potential noise implications of the proposed development.
Having discussed this matter with the Director of Environmental Services I am satisfied that this issue can be suitably controlled and as such I have no concerns in this regard.
RECOMMENDATION
subject to the conditions on the attached sheet.
RAl30 14W/jw NORTH APPLICATION NO: C/97/222 LANARKSHIRE PROPOSAL/SITE: INSTALLATION OF AIR CONDITIONING NORTH ? COUNCIL EQUIPMENT WITHIN A SECURITY SCREEN AT CURRYS, UNIT 1, SCALE 1:2500 AIRDRIE RETAIL PARK, GARTLEA ROAD, AIRDRIE *OBJECTOR List of Background Papers
- Application forms and associated plans - Letter from Mr & Mrs J Brown, 1 Academy Park, Airdrie dated 18 May 1997 - Memorandum from Director of Environmental Services dated 22 July 1997
Any person wishing to inspect the above background papers should telephone Coatbridge 812372 and ask for Mr Bennie.
RABO 14W/jw CONDITIONS
1. That the development hereby permitted shall be started within 5 years of the date of this permission.
Reason : To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. The proposed air conditioning unit shall be installed, maintained and operated at all times in strict accordance with the manufacturers specification.
Reason : In order to safeguard the property itself and the amenity of the surrounding area.
MO14W.DOC APPLICATION NO. C/97/222/FUL
REPORT
1. SITE DESCRIPTION AND PROPOSALS
1.1 The application site consists of one of the retail units located within the Airdrie Retail Park, the unit itself being the northernmost of those within the main body of the site.
1.2 The proposals themselves consist of the siting of a standard type air conditioning unit at ground floor level to the rear (west) of the unit. The unit itself would measure some 3 m x 4.5 m by 2.1 m in height.
2. REPRESENTATIONS
2.1 As is noted in my summary report on this application, during my consideration of same I have received one letter of objection from Mr and Mrs J Brown, 1 Academy Park, Airdrie.
2.2 In this letter a number of different grounds of objection are stated as follows:-
2.2.1 The proposed development may give rise to noise nuisance problems.
2.2.2 Changes have taken place to the original plans for this development which are unsightly and which have reduced property values.
3. ASSESSMENT
3.1 Dealing first of all with the above noted grounds of objection I would comment as follows:-
3.1.1 Following consultation with the Director of Environmental Services regarding the noise implications of this proposed development I am satisfied that if the proposed air conditioning unit is installed, operated and maintained in strict accordance with the manufacturers specification, the unit itself should not give rise to any noise nuisance. Further to this I would advise Committee that the Director of Environmental Services has powers to act on any substantiated complaints regarding noise nuisance and as such the objectors interests in this regard would not be prejudiced by any decision to issue consent in respect of this application.
3.1.2 Whilst the objector has suggested that alterations have been made to the details of the original plans for this development, namely the introduction of retaining walls and a large water tank, I would advise Committee that there have been no significant alterations to same since the plans were originally approved and specifically that both the retaining walls and water tank were shown on the original plans.
3.2 Turning to the proposed development itself I would advise Committee that air conditioning units of the type proposed are standard features at almost all modern retailkommercial developments. I do not therefore have any concerns as to the principle of the introduction of such a unit at the site proposed.
3.3 Whilst I accept that the site proposed for the unit is in relatively close proximity to existing housing it is clear from an inspection of the site that no alternative site exists to locate the unit. Given the comments made at paragraph 3.1.1 above I am satisfied that the issue of potential noise nuisance can be suitably controlled and as such I have no concerns in this regard which would support a refusal of the proposals.
4. RECOMMENDATION
4.1 In view of the foregoing I would recommend that planning permission be granted in respect of this application, subject to those conditions attached to my summary report on this application. RAE3014W/jw Application No. C/97/230/MIN Date registered 21st May 1997 APPLICANT WEST OF SCOTLAND WATER AUTHORITY
Agent None DEVELOPMENT INFILLING OF FORMER RESERVOIR LOCATION NEWHOUSE RESERVOIR, GLASGOW AND EDINBURGH ROAD, BY SALSBURGH
Ward No. 47 Grid Reference 279450661650
File Reference
Site History None
Development Plan Adopted Monklands District Local Plan 1991 (Policies GB1, LI 1/3 and WDR1) Contrary to Development Plan No
0 CONSULTATIONS
Objection None No Objection None Conditions NLC Leisure Services, The Coal Authority No Reply None
REPRESENTATIONS
Neighbours None
Newspaper Advertisement No Response
COMMENTS The applicant proposes to infill the former reservoir adjacent to the roundabout junction at the A73 and the B7066 Glasgow and Edinburgh Road by Newhouse and Salsburgh. The reservoir is located on the east side of the A73 and lies between the A7066 and the M8 Motorway. The applicants propose to fill in the void of the former reservoir, which is now empty, with inert material taken from drainage and water workings within the local area.
Having assessed the proposal with particular regard to the Adopted Monklands District Local Plan 1991 I consider that the proposal is acceptable and recommend that planning permission be granted.
RECOMMENDATION
‘Grant, subject to the conditions on the attached sheet.
List of Background Papers
- Planning application form and accompanying plans - Adopted Monklands District Local Plan 1991 - Letter to Mr Jim Keir, Secretary, Salsburgh Community Council, dated 29 May 1997 - Consultation response from The Coal Authority dated 3 June 1997 - Letter to Councillor Lucas dated 6 June 1997
RGB003W/Jw NORTH APPLICATION NO: C/97/230 LANARKSHIRE PROPOSAL/SITE: INFILLING OF FORMER RESERVOIR ON LAND NORTH ? COUNCIL NORTH EAST OF NEWHOUSE ROUNDABOUT, OLD EDINBURGH SCALE 1: 5000 ROAD, SALSBURGH
I I I I - Consultation response from Head of Parks and Amenity dated 20 June 1997 - Letter to the applicant dated 10 July 1997
Any person wishing to inspect the above background papers should telephone Coatbridge 812374 and ask for Mr Brown.
RGBOO 3Wlj w APPLICATION NO. C/97/230/MIN
REPORT
1. INTRODUCTION
1.1 Planning permission is sought to idill the now empty reservoir at Newhouse by Salsburgh. It is proposed to idill it with inert material from excavation works carried out within the West of Scotland Water Authority’s Clyde East Area.
2. APPLICATION SITE
2.1 The site is adjacent to the roundabout junction at the A73 and the B7066 Glasgow and Edinburgh Road by Newhouse and Salsburgh. The reservoir is located on the east side of the A73 and lies between the A7066 and the M8 Motorway. It comprises a former reservoir that covers an area of 1.2 hectares and previously held 3.4 million gallons of water. The site is now vacant.
3. PLANNING POLICY
The application site is covered by three policies of the Adopted Monklands District Local Plan, namely GB 1, LI 1/3 and WDR 1.
3.2 Policy GB1 “Restrict Development in the Green Belt” generally requires that new development in the Green Belt be associated with agriculture or forestry or specifically requiring a rural location.
3.3 The site is also within an area designated as Medium Quality Landscape as defined by Policy LI 1/3. The policy states:
“While recognising that these areas are unlikely to receive landscape treatment through District Council expenditure within the Plan period, every effort will be made to improve the landscape quality of these areas.”
3.4 Lastly, Policy WDRl ‘‘Landfill and Refuse Disposal”, has a bearing on this proposal. It suggests that waste disposal should take place within areas of “Devastated Landscape” but at least 250 metres from the settlements of Plains, Wattston, Greengairs, Caldercruix and Stand.
3.5 This policy also states that:
“Anexception to this Policy is where the applicant can prove that the disposal/recycling of waste will be beneficial both to amenity, safety and the environment. ’’
4. THE PROPOSAL
4.1 The applicants propose to fill in the void of the former reservoir with inert material taken from drainage and water workings within the Clyde East Area. This area extends from Bishopbriggs in the west to Fauldhouse in the east and covers the larger towns of Coatbridge, Airdrie, Motherwell and Wishaw. The reservoir is centrally located within this area.
4.2 When the Water Authority undertake excavation works in relation to their statutory undertakings they have to deposit the spoil material at a landfill site and back fill the excavated area with clean, granular material. At the moment they are liable to pay landfill tax when tipping at a commercial landfill site.
4.3 Since this reservoir has lain empty for a number of years the Water Authority wish to use it to deposit the inert material that they generate from their excavation works. This will obviously benefit them in that they will no longer be liable to pay landfill tax for this material. On this basis the site will not become a commercial operation otherwise landfill tax would be due.
RGB003W/jw 4.4 The reservoir itself has capacity for 12,500 tonnes of material. It is proposed to tip material at a rate of 40 tonnes per week over a period of six years. Once the void has been filled it is proposed to restore and landscape the site. The Central Scotland Countryside Trust have submitted a landscaping scheme for the site that forms part of the proposal currently being considered.
5. ASSESSMENT
5.1 The main issues with the proposal are that following the infilling of the site it will be restored and landscaped which will improve the quality of the environment and countryside at this location. Secondly, to ensure that the amenity of the neighbouring residents to the site is not detrimentally affected by allowing the infilling of the reservoir.
5.2 The policies of the Adopted Monklands District Local Plan 1991 would tend to suggest that this site would not be a preferred option for a waste disposal site given that it is within the Greenbelt and not within the area of “Devastated Landscape”.
5.3 Policy WDRl of the Local Plan, allows for waste disposal sites outwith the “DevastatedLandscape”;
‘I An exception to this Policy is where the applicant can prove that the disposalhecycling of waste
will be beneficial both to amenity, safety and the environment. ” In this instance the site of the former reservoir lies vacant and in need of restoration. This proposal allows for this opportunity of the site to be restored and landscaped. Indeed the applicants have employed the services of the Central Scotland Countryside Trust and have submitted landscaping proposals for the restored site.
5.4 Whilst the site is within the Green Belt, I do not believe that the proposal will compromise the terms of Policy GB 1. This is mainly designed to prevent speculative new development in the countryside. This site is already located within the Green Belt and looking at the converse of the terms of the policy an urban area is often unsuitable for a development such as this. The proposal therefore suits a rural location and fits within the terms of policy GBl.
5.5 With regard to the amenity of the neighbouring residents I should firstly point out that the application has been advertised in the local press and this along with neighbour notification has failed to attract any comments from third parties.
5.6 At present the A73 and the B7066 carry a large volume of heavy traffic, including the majority of vehicles visiting Duntilland Quarry at Salsburgh. With the Water Authority depositing around 40 tonnes per week they intend to have around 10 loads per day using small drop sided vehicles and occasionally a 7 tonne tipper. I therefore do not consider this to be a substantial increase in traffic generation and activity in this area that will detrimentally affect the residential amenity of the surrounding area.
5.7 One other concern with the proposals was the visual impact on the surrounding area. I consider this to be minimal in that the reservoir is dug into the existing landscape but has built up sides. Therefore any workings taking place within the site will not be visible from the surrounding area, and in particular the M8 Motorway, until the final phase of infilling and the restoration and landscaping is taking place.
6. CONCLUSIONS
6.1 I do not consider that this proposal will be detrimental to the amenity of the surrounding area and indeed the final result of the proposal will be of benefit to the appearance of the area. I also consider that under the terms of Policies GB1, LI 1/3 and WDR 1 of the Adopted Monklands District Local Plan 1991 the proposal is acceptable and recommend that planning permission be granted subject to the conditions on the attached sheet.
RGB003W/jw CONDITIONS
1. That the development to which this permission relates shall be commenced not later than 5 years from the date of this consent and the Planning Authority shall be given a minimum of 14 days notice of the applicant's intention to commence work.
Reason : To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 and to enable the Planning Authority to retain effective control.
2. That if by reason of any circumstancesnot foreseen by the applicant, it becomes necessary or expedient during the continuance of the operations hereby permitted to amend or abandon any of the provisions thereof, the applicant or operator shall forthwith submit to the Planning Authority an amended application, plans and statement of intentions, but shall adhere to and comply with this consent until such time as an amended application, etc have been approved by the said Authority.
Reason : To enable the Planning Authority to retain effective control.
3. That the operations and works hereby authorised shall be discontinued and any buildings, plant or equipment removed by 13 August 2003 and all works for the reinstatement of the site shall be carried out by 13 June 2004.
Reason : In order to protect the visual amenity of the surrounding area.
4. That the sole vehicular access to the site shall be taken from B7066 as indicated on the approved plans.
Reason : In the interests of traffk safety at the locus.
5. That prior to work starting on site the applicants shall submit details for the consideration and written approval of the Planning Authority of improved junction arrangements at the entrance to the site on the B7066. These shall include a hardstanding area adjacent to the existing carriageway which measures 15.0m long by 7.3m wide. The egress of the access shall be formed with 10.3m wide radius kerbs.
Reason : In the interests of traffic safety at the locus.
6. That prior to the start of any operations on site, details of the design, location and construction of the proposed vehicular access to the B7066 road from the Site Disposal Point shall be submitted to, and approved, by the Planning Authority.
Reason : In the interests of traffic safety at the locus.
7. That adequate parking areas shall be provided to cater for all vehicles likely to visit the site to the satisfaction of the Planning Authority.
Reason :To ensure the provision of adequate parking facilities within the site.
8. That turning facilities shall be provided within the site to enable all vehicles to enter and leave in a forward gear to the satisfaction of the Planning Authority.
Reason : In the interests of traffk safety at the locus.
RGBOO3W.DOC 9. That all reasonable steps shall be taken to minimise noise from vehicles and machinery and in particular efficient silencers shall be fitted and used by all vehicles and machinery on the site.
Reason : In order to safeguard the property itself and the amenity of the surrounding area.
10. That all practicable steps shall be taken to control the emission of dust from the site to the satisfaction of the Planning Authority.
Reason : In order to safeguard the property itself and the amenity of the surrounding area.
11. That dust suppression equipment, including water spray equipment and screens shall be available on site at all times and used appropriately.
Reason :In order to safeguard the property itself and the amenity of the surrounding area.
12. That wheel washing facilities, the details of which shall be agreed with the Planning Authority, shall be stationed at the point of egress from the site, prior to the commencement of infilling operations.
Reason : In order to safeguard the property itself and the amenity of the surrounding area.
13. That before development starts, a scheme of landscaping including boundary treatment (s) shall be submitted to and approved by, the Planning Authority and it shall include:
(a) details of any earth mounding and hard landscaping, grass seeding and tufing; (b) a scheme of tree and shrub planting, incorporating details of the number, variety and size of trees and shrubs to be planted; (c) details of the phasing of these works.
Reason : In order to protect the visual amenity of the surrounding area.
14. That within nine months of the completion of works on the site as outlined by condition 13 above, all planting, seeding, tufing and earth mounding included in the scheme of landscaping and planting shall be completed; and any trees, shrubs or areas of grass which die, are removed, damaged of become diseased, within 3 years of the completion of the development, shall be replaced in the next planting season with others of a similar size and species.
Reason : In order to protect the visual amenity of the surrounding area.
15. A Management Maintenance Schedule for the landscaping scheme shall be submitted to and approved by the Planning Authority prior to the commencement of any works on site. The landscaping shall be maintained in accordance with the approved Management Schedule to the satisfaction of the Planning Authority.
Reason : In order to protect the visual amenity of the surrounding area.
16. That following the completion of the infilling works and the landscaping of the site the applicants shall remove the existing steel pallisade fence around the boundary of the site and shall replace it with a suitable post and wire fence and hedgerow planting. These details shall be submitted and agreed in writing with the Planning Authority prior to work starting on site.
Reason : In order to safeguard the property itself and the amenity of the surrounding area.
RGB003W.DOC Application No. C/97/232/OUT Date registered 28 May 1997 APPLICANT MRS J GILLIVER, RYEFIELD PARK, DRUMPELLIER, COATBRIDGE ML5 1RX
Agent Construction Design Associates, 6 Church Street, Coatbridge ML5 3EB DEVELOPMENT OUTLINE PLANNING PERMISSION FOR THE ERECTION OF 5 HOUSES AND GARAGES LOCATION RYEFIELD PARK, OFF DAVAAR DRIVE, RYEFIELD AVENUE, COATBRIDGE
Ward No. 32 Grid Reference 277455666415
File Reference C/PL/CTR936/GB/JW
Site History None
Development Plan Adopted Monklands District Local Plan 1991 (Policies HG9, HG10, GB1, LIl/l, FOR3/4). Strathclyde Structure Plan 1991 (Policy GB1). Contrary to Development Plan Yes
CONSULTATIONS
Objection None No Objection None Conditions The Coal Authority No Reply West of Scotland Water, NLC Leisure Services
REPRESENTATIONS
Neighbours Seven
Newspaper Advertisement Not required
0 COMMENTS The applicant proposes to erect 5 houses and associated garages in the garden ground of Ryefield Park.
The application site extends into the Green Belt around Coatbridge and encroaches on an area that is covered by a Tree Preservation Order. Development on the site of this scale would inevitably lead to the felling of a number of mature trees.
Further to this the site is serviced by a single track private road. This road already serves two houses. The Council’s Transportation standards require that three or more houses should be served by a fully adopted highway with footpaths and street lighting. The applicant does not propose to carry out these works as part of this development.
For these reasons I would recommend that planning permission be refused.
RECOMMENDATION
Refuse, for the following reasons.
RGB005 W/jw
REASONS FOR REFUSAL
1. The proposed development site comprises a woodland area which is allocated as Green Belt. The proposal is therefore contrary to Policy GBl of the Strathclyde Structure Plan 1991, and Policies GB1 and HGlO of the Adopted Monklands District Local Plan 1991 which restrict development in the Green Belt around towns to that which is required for the furtherance of agriculture or forestry.
2. The proposed site by nature of its location will extend into an area that is protected by a Tree Preservation Order and is allocated as an area of “High Quality Landscape”. By extending into this area the development would require several mature trees to by felled to facilitate a speculative housing development and not as part of a forestry Management Plan. The proposal is therefore contrary to Policies FOR3/4 and LI1/1 of the Adopted Monklands District Local Plan 1991, which requires Tree Preservation Order areas to be protected unless tree felling is required as part of a Management Plan. The area is also not identified as a development opportunity and will be detrimental to the character of the area of “High Quality Landscape”.
3. The proposed site is currently serviced by a single track access, which will require to be upgraded to fully adoptable standard. The developer does not propose to carry out these works as part of this proposal. Furthermore if the track were to be upgraded to meet the Council’s standards it would result in the loss of a number of trees protected by a Tree Preservation Order which would be contrary to Policy FOR3/4 of the Adopted Monklands District Local Plan 1991 as outlined in Reason 2 above. The existing access road is therefore substandard and to allow development would be detrimental to road and pedestrian safety within the area.
List of Background Papers
- Planning application form and accompanying plans. - Adopted Monklands District Local Plan 1991 - Letter to agent dated 29 May 1997 and reply dated 2 June 1997 - Letter agent dated 13June 1997 - Letter agent dated 23 June 1997 and reply dated 4 July 1997
Any person wishing to inspect the above background papers should telephone Coatbridge 812374 and ask for e Mr Graeme Brown.
RGB005W/j w APPLICATION NO. C/97/232/OUT
REPORT
1. INTRODUCTION
1.1 Outline planning permission is sought to erect five houses and associated garages within the grounds of the property known as Ryefield Park.
2. APPLICATION SITE
2.1 Ryefield Park comprises a substantial detached villa set within woodland on the edge of the Drumpellier housing area on the west side of Coatbridge. The property also bounds onto Drumpellier Golf Course.
2.2 The application site is situated, on the north side of the house. The application site comprises an enclosed lawn area, but extends beyond this into the adjacent woodland. The lawn extends to an area of 841m2,whilst the application site measures 1880m2.
Access to the site is taken from the south, off Davaar Drive and onto a single track road. This road also serves the property to the south, Irnburgh.
3. PLANNING POLICY
3.1 The application site is covered by five policies of the Adopted Monklands District Local Plan; namely HG9, HG10, GB1, LIl/l, FOR3/4. These are outlined as follows:
3.2 HG9: Housing Policy for Existing Residential Areas. This allows for new development that is related to housing or is clearly ancillary to housing.
3.3 HG10: Residential Development outwith Residential Areas. This policy restricts new development outwith existing residential areas, stating:-
“(A) New build residential development will not be permitted outwith the existing residential area as defined by policy HG9, unless such development occurs on those Housing Sites identified by the District Council in the Local Plan, is a minor development in a Secondary Core Area, General Urban Area, small development site identijied in Appendix 12, or is justified under policy GBl or GB2. The Council will resist the demolition of existing houses and their replacement by new ones. ’’ e 3.4 GB1: Restrict Development in the Green Belt. This states: “Within areas designated as Green Belt no development will be pemzitted except for:-
a) New houses forfull time workers in connection with forestry or agriculture......
b) Non residential developments in connection with forestry or agriculture......
c) Uses requiring a rural location.. ...
d) Areas identijied as having substantial developmentpotential...... ”
3.5 LI1/1: Landscape Improvement. This policy designates the area as “High Quality Landscape”. This suggests:
“Except where specijic development opportunities have been identijied, it [The Council] will seek to divert developmentproposals away from these areas...... ’’
RGB005W/jw 3.6 FOR3/4: Tree Preservation Order
This requires the protection of “those trees covered by Tree Preservation Orders, unless removal is required by an agreed Management Plan. ”
3.7 The Strathclyde Structure Plan 1991 is also of relevance.
3.8 Policy GBl of the Strathclyde Structure Plan states
“Thespread of the built up areas and the encroachment of development into the countryside within a “GreenBelt” around the conurbation ..... shall not accord with the Regional Development Strategy. ”
4. REPRESENTATIONS
4.1 Seven letters of objection have been received from neighbouring residents of the site. Their concerns are expressed as follows.
a) The proposal is contrary to the Council’s Local Plan and as such planning permission should be refused.
b) The development would increase traffic and reduce road and pedestrian safety in the area.
c) The development would result in a conflict between the residents and golfers at Drumpellier Golf Course.
d) Concern has been expressed about the drainage from the development.
e) The development would require the removal of trees covered by a Tree Preservation Order which would be detrimental to the existing character of the area.
f) The development would encourage further development in the Ryefield Park area.
g) The proposal is similar to one which was refused planning permission following an appeal at a site to the south of Davaar Drive.
5. THE PROPOSAL
5.1 The applicant is seeking outline planning permission to erect five houses and associated garages within the garden ground of Ryefield Park. The garden area is located to the north of the house and is bounded by a mature woodland that is protected by a Tree Preservation Order.
5.2 The proposal extends to an area around twice that of the existing lawn, and will inevitably require the removal of a number of existing trees within the woodland area.
5.3 It is proposed to take access to the site from the south and off Davaar Drive. The access road to the house is single track. The applicant has no proposals to upgrade this road.
6. CONSULTATIONS
6.1 The Coal Authority have indicated that there are shallow workings from around 1896 within the vicinity of the application site. If development was to go ahead suitable investigation work of these workings should be carried out.
RGBOO5 W/jw 7. ASSESSMENT
7.1 The main issues of this case are that the site extends into the Green Belt and the area covered by Tree Preservation Order and that the access road to the site is of insufficient quality and design to meet the Council’s standards.
7.2 These are all points that have been raised by the objectors and I would accord with all the points that they have raised, except possibly that I do not consider that any development on this site would generate conflict with the use of the Golf Course.
7.3 The proposed site is located partly within the Greenbelt and is purely a speculative development that has no relation to agriculture or forestry. The proposal is therefore contrary to Policy GBl and HGlO of the Adopted Monklands District Local Plan 1991 and Policy GB1 of the Strathclyde Structure Plan 1991.
7.4 The development of the site at this scale would also result in the loss of a number of mature trees within the woodland area covered by Tree Preservation Order. Once again the main point is that the proposal is purely speculative and is not associated or accompanied by a woodland Management Plan. Furthermore the site is not specifically identified as a development opportunity and being in an area of “High Quality Landscape”. I therefore consider the proposal to be contrary to Policies FOR3/4 and LI1/1 of the Council’s Local Plan also.
7.5 Finally the existing access road to the site would require to be upgraded to a standard where the Council would adopt the highway, footpaths and street lighting, from its existing condition of an unmade single track. This would be because the road would now serve more than three houses and the Council’s standards require that any more than three houses are served by an adopted road network.
7.6 Unfortunately the applicant does not control a sufficient amount of land at present to accommodate these road works. Furthermore the increase in the width of the access around the house would result in the loss of some mature trees covered by Tree Preservation Order. As stated above the proposal would therefore be contrary to policy FOR3/4 of the Local Plan.
7.7 Further to the considerations of this proposal it should be noted that a similar housing development, albeit for two houses, was refused planning permission following an appeal, for a site adjacent to the property known as Irnburgh, to the north of Davaar Drive (Application No. 96/243). This proposal was refused on the basis that it too did not comply with the terms of the Local Plan and that it was detrimental to road and pedestrian safety in the area. e 8. CONCLUSIONS 8.1 I would therefore conclude that the foregoing presents overriding reasons for this proposal to be rejected. I therefore recommend that planning permission be refused for the reasons outlined previously.
RGB005W/j w Application No. c/97/24o/MIN Date registered 29th May 1997 APPLICANT PATRICK GILLOOLY LIMITED, 68 MAIN STREET, LONGRIGGEND, ML6 7RS
Agent DEVELOPMENT REVISED SITE ENTRANCE AND IMPORTATION OF INERT MATERIALS (AMENDMENT TO PLANNING CONSENT Cl951472). LOCATION NORTH LINRIGG FARM, LINRIGG ROAD, SALSBURGH
Ward No. 47 Grid Reference 280655 619055
File Reference C/PL/SAL48O/GPQ/JW
Site History Planning permission No Cl951472 was granted on 7 January 1997 for opencast coal extraction operations and subsequent land restoration to agricultural use, on land at North Linrigg Farm, Salsburgh. a Development Plan Strathclyde Structure Plan 1991: Policy MIN2 and Policy MIN5 The Adopted Monklands District Local Plan 1991: Policy MINl and Policy ENV5 Contrary to Development Plan No
CONSULTATIONS
Objection None No Objection British Gas (Transco), The Health and Safety Executive, Scottish Natural Heritage, and SEPA. Conditions None No Reply NLC Environmental Services and The Coal Authority.
REPRESENTATIONS
Neighbours None
Newspaper Advertisement No response
COMMENTS The applicant, Patrick Gillooly Limited, seeks planning permission for amendments to the current planning permission no.C/95/472 (see above) to incorporate a revised site entrance, and the importation of a limited amount of inert materials. The new access involves repositioning the existing entrance point some 15 metres further north at Linrigg Road in order to avoid interference with an existing septic tank and power cable. The importation of materials proposed involves the provision of a maximum quantity of 30,000 cubic metres of inert soil and clay material over an area of 2.74 hectares with a view to achieving satisfactory restored ground levels.
Following detailed consideration, it is concluded that the proposed amendments to the original planning permission are acceptable, given that they would not impact significantly on the transportation, environmental and amenity characteristics of the currently approved and operational proposals.
RECOMMENDATION
Grant, subject to the conditions on the attached sheet.
RGPQ009Wljw
List of Background Papers
- Application Form, Accompanying Plans, and Supporting Statements expressed in letters of 20 February 1997 and 12 March 1997 - The Strathclyde Structure Plan 1991 - The Adopted Monklands District Local Plan 1991 - Planning Permission No. C/95/472 - Letter of Response from Health and Safety Executive, dated 3 June 1997 - Letter of Response from SEPA, dated 10 June 1997 - Letter of Response from Transco, dated 18 June 1997 - Letter of Response from Scottish Natural Heritage, dated 15 July 1997
Any person wishing to inspect the above background papers should telephone Coatbridge 812381 and ask for Mr Quinn. 0
RGPQ009W/j w CONDITIONS:
1. This permission is subject to all Planning Conditions of Planning permission C/95/472.
Reason : To retain effectivecontrol over the proposals of Planning permission C/95/472, of which the amendments now form part.
2. The amendments hereby approved shall proceed in accordance with amended drawing Nos. PG- 77A, PG-61A, PG-66B and PG-69B and in accordance with the written statements of the amendments expressed in submitted copy letters dated respectively 12th March 1997 and 20th February 1997.
Reasons : As this information constitutes the details of the approved amendments
3. The material proposed to be imported on to the site shall by fully ‘inert’ and shall be limited to soils and clays.
Reasons : To allow the Local Planning Authority to retain effective control.
4. Before the importation of inert materials on to the site, the Developer shall not@ the Local Planning Authority of the start date of such works and shall not start such works until this date and a system of site monitoring is agreed in writing with the Local Planning Authority.
Reasons: To allow the Local Authority to retain effective control.
RGPQ009W.DOC APPLICATION NO. C/97/240/MIN
REPORT
1. INTRODUCTION
1.1 A planning application has been submitted by Patrick Gillooly Limited for amendments to planning permission C/95/472 for opencast coal extraction operations and subsequent land restoration to agricultural use on land at North Linrigg Farm, Salsburgh. These amendments involve the repositioning of the site entrance, and importation of inert materials.
1.2 Following the grant of the original planning permission, operations have been ongoing on site since January 1997 and around a quarter of the excavation works have taken place already.
2. THE APPLICATION SITE
2.1 The application site is situated to the south of Old Edinburgh Road and to the immediate east of Linrigg Road, comprising an area of approximately 14.6 hectares and forming part of a large area of agricultural land at North Linrigg Farm. The buildings of North Linrigg Farm are located immediately outwith the proposed operational area at the northwest corner of the site. Access to the farm is currently taken off Linrigg Road which comprises the western edge of the development site.
3. THE PROPOSALS
3.1 Revised Site Entrance The applicant, Patrick Gillooly Limited, seeks planning permission for the use of a site entrance which differs from that of the originally approved proposals under planning permission no.C/95/472. In effect, the applicant seeks approval for a site entrance which is positioned around 15 metres further north on Linrigg Road, lying closer to the existing farmsteading buildings at North Linrigg Farm. This revision incorporates a new concrete access road, grid, and complementary surfaced layby. The applicant has explained that the revision has been required in the interests of avoiding interference with an existing septic tank and underground electric cables.
3.2 ImDortation of Inert Materials The applicant also seeks planning permission for an amendment to the original proposals involving the importation of a limited amount of inert materials to facilitate land restoration. In a supporting statement, the applicant requested permission to import for tipping, “as like” inert, soil, subsoil, or clay material being arisings from construction operations in the surrounding area i.e. for example Eurocentral and some housebuilding works. The maximum quantity anticipated for importation is 30,000 cubic metres placed over an area of 2.74 hectares with approximately 20,000 cubic metres of which to replace the coal removed and the additional amount to ensure desired land slopes are achieved for effective future agricultural use. It is indicated that the importation works would take place following excavation and would be completed and ceased within the main project restoration timescale (i.e. 30 months). Whilst site works in respect of the current planning permission have begun, no importation activity is intended to be undertaken by the applicant unless formal approval is given.
4. DEVELOPMENT PLAN POLICIES
4.1 The Development Plan is currently represented by the policies of the Strathclyde Structure Plan 1991 and the Adopted Monklands District Local Plan 1991.
4.2 The relevant Structure Plan policies are policy MIN2 and policy MIN5 and these are described as follows.
Policy MIN2: This policy states that opencast extraction in North and South West Lanarkshire and South Ayrshire, as shown in the key diagram, shall accord with the Regional Development Strategy.
RGPQ009Wlj w Policy MIN5: This policy sets criteria in respect of significant developments for the winning and working of minerals. In this respect, developments in order to accord with the Structure Plan require to be identified within policy areas (including policy area identified by policy MIN2), and not to raise major infrastructural or environmental issues and require to provide the opportunity to conserve associated minerals, restore dereliction and review associated consents.
The Adopted Monklands District Local Plan 1991 policies applying to the development are policy MIN1, and policy ENV5 and these are described as follows.
Policy MIN1: This policy seeks to limit the extraction of minerals to sites lying within the zone of “devastated landscape” lying outwith 250 metres of key villages, provided that there are adequate measures in relation to services, screening, transport of materials, phased development, rehabilitation and afteruse.
Policy ENVS: This policy provides an exception to policy MINl and indicates that mineral developments may be allowed where they do not comply with the criteria of the above policy in cases where minerals are exploited on potentially dangerous sites or where mineral extraction would sigmfkantly improve an area’s amenity, environment andor safety.
REPRESENTATIONS a 5. 5.1 Following advertisement of the proposals in the normal manner under Section 34 of the Town and Country Planning (Scotland) Act 1997, no objections or other representations were received.
6. ASSESSMENT
6.1 Firstly, as far as the Development Plan is concerned, the stated policies more appropriately relate to the principle of the original proposals which was considered to be acceptable at the relevant time, rather than to the practical considerations in respect of the proposed amendments. The main purpose of this assessment therefore would appear to be to consider whether or not the proposed amendments are acceptable from a planning viewpoint with particular attention on issues of traffic safety, amenity and environment.
6.2 As far as the revised site entrance is concerned, there would not appear to be any serious concerns from a planning viewpoint. Indeed, as for traffic safety, the site entrance is an acceptable standard and there are no other issues in relation to this amendment which require any detailed consideration.
6.3 As far as the importation of materials is concerned, there is no doubt that generally such an activity can be emotive and can give cause for concern. Indeed, traffic impact, in addition to the effects on the e environment and amenity normally require to be carefully considered. In these respects, in this particular case, it is considered that the proposals are acceptable from a planning viewpoint in view of the nature of the materials involved (i.e. inert materials), the scale of the activity, (30,000 cubic metres covering 2.74 hectares) and the retention of the currently proposed site works timescale (30 months). Indeed, it is considered that the nature of the proposals is such that they should be suitably integrative with works that hitherto have been approved through planning permission C/95/472.
6.4 Therefore, it is concluded that there would be no planning difficulties in approving the applicant’s amendments and in providing further planning permission subject to all relevant conditions including those covering the requirement that the importation of materials complies with the nature, scale and timescale proposed and also covering suitable arrangements for the monitoring of such activity.
7. RECOMMENDATION
7.1 It is recommended that planning permission is granted for the proposed amendments subject to all relevant conditions (see attached).
RGPQ009W/j w Application No. C/97/25 7/LB C Date registered 5 June 1997 APPLICANT M M HENDERSON LTD, 24 CRAIGHALL ROAD, GLASGOW
Agent Barbour Shopfitters 570-572 Lawmoor Street, Glasgow DEVELOPMENT PAINTWORK TO UPPER PART OF SHOPFRONT (RETROSPECTIVE) LISTED BUILDING CONSENT LOCATION 2 BANK STREET, AIRDRlE
Ward No. 50 Grid Reference 276140665450
File Reference C/PL/AIB 1440020000/CM/Jw
Site History C/96/395 Display of Illuminated Signage Granted 27 December 1996 C/96/396 Installation of Shopfront (Listed Building Consent) Refused 15 January 1997 C/96/397 Installation of Shopfront Refused 15 January 1997
Development Plan ECONl3/4 Improvement of Industrial Sites COM3 Maintain Retail Core Areas ENVl5/3 Conservation Area (Airdrie Town Centre Conservation Area) ENV16 Conservation Area Improvements ENV17B Protect Listed Building Contrary to Development Plan Yes
CONSULTATIONS
Objection Historic Scotland No Objection None Conditions None No Reply None
REPRESENTATIONS
Neighbours No response
Newspaper Advertisement No response
COMMENTS The development relates to an alteration to the paintwork to the upper part of Hendersons jewellery shopfront at 2 Bank Street, Airdrie. The original dark brown paint has been changed to a dark blue and it is my view that this alteration is unacceptable as it does not match the original bronze coloured shopfront frames and as such is detrimental to the character of this Grade B Listed Building. Similarly the back painted upper window features have had a similar incongruous impact. It is concluded that the proposal materially alters the external appearance and character of this Listed Building and it is recommended the application is refused listed building consent.
*RECOMMENDATION
Refuse for the following reason.
The development is contrary to the policy of ENV17B of the Adopted Monklands District Local Plan 1991 as the proposal would affect the external appearance of a Grade B Listed Building to the detriment of its character and visual amenity. RCMO 1OW/j w Car Park and Market Place
APPLICATION NO: C/97/257 LANrnSHIRE PROPOSAL/SITE: PAINTWORK TO UPPER PART OF BUILDING AND NORTH ? COUNCIL GLASS PANELS (RETROSPECT) AT 2 BANK STREET, AIRDRIE SCALE 1: 1250 (LISTED BUILDING CONSENT) NOTES TO COMMITTEE
If the Committee decision is to grant listed building consent this application will require to be referred to the Secretary of State.
List of Background Papers
- Application Form and Plan - Adopted Monklands District Local Plan 1991 - Consultation Response from Historic Scotland dated 29 July 1997
Any person wishing to inspect the above background papers should telephone Coatbridge 812376 and ask for Mr Marshall.
RCMO 1OW/jw t APPLICATION NO. C/97/257/LBC
REPORT
1. SITE AND PROPOSAL
1.1 Listed building consent is being sought for the repainting of the upper part of Hendersons’ Jewellery shop at 2 Bank Street, Airdrie.
1.2 This prominent Category B Listed Building is situated on the corner of Bank Street and Graham Street and is located within Airdrie Town Centre Conservation Area.
1.3 The application has been made in retrospect for an alteration to the paintwork from dark brown to dark blue. The areas that have been painted include the fascia panel and upper window frames. In addition the upper window glazing has been back painted white.
2. CONSULTATIONS AND OBJECTIONS
2.1 Historic Scotland objected to the application on the basis that the paintwork provided an inconsistent finish to the external appearance of the shopfront and that a more appropriate match would be to e return the paintwork to its original dark brown colour. 2.2 There were no letters of objection received in regard to this application.
3. OBSERVATIONS AND CONCLUSIONS
3.1 The applicant was refused planning consent for alterations to the shopfront on 15th January 1997. This original proposal included the above-noted paintwork which has been carried out without the benefit of planning permission.
3.2 Planning permission was granted on 27 December 1996 for an alteration to the shop sign however this consent related only to the provision of an illuminated sign and to no other works.
3.3 The jewellery shop forms part of a larger 19th Century building known as Permans Building. The shopfront dates back to the 1920’s and its design, form and proportions represent a unique feature in Airdrie Town Centre. Moreover its prominent position emphasises its character. The shopfront still retains its bronze coloured metal framework and marble stall riser however the matching dark brown paintwork to the upper portion of the shopfront has been repainted into a “Midnight Blue” colour. Whilst it is accepted that the new paint freshens up the shopfrontage it is my view that the choice of colour is inappropriate and does not complement the bronze coloured shop window display frames. The applicant has also back painted the upper window glazing in a white paint. This has resulted in an inconsistent mix of white, off-white and pale blue window panels. Originally the windows had clear glass and the upper storeroom screened by interior curtains or blinds. I consider the original character of the shopfront has been impaired as a result of the unauthorised works and as such is contrary to Council’s policy ENV17B. This policy specifically states that the Council will not support any alterations or additions which would affect the internal or external appearance of a Listed Building except where the operations are essential to adapt the building for future use. In this instance the building is already in use as a Class 1 shop and the development does not accord with the terms of this policy.
3.4 It is concluded that the development materially alters the external appearance and character of this prominent listed building and it is recommended the application is refused listed building consent.
RCMOlOWlJw Application No. C/97/258/FUL Date registered 5 June 1997 APPLICANT M M HENDERSON LTD, 24 CRAIGHALL ROAD, GLASGOW
Agent Barbour Shopfitters 570-572 Lawmoor Street, Glasgow DEVELOPMENT PAINTWORK TO UPPER PART OF SHOPFRONT (RETROSPECTIVE) LOCATION 2 BANK STREET, AIRDRIE
Ward No. 50 Grid Reference 276140665450
File Reference C/PL/AIB 1440020000/CM/Jw
Site History C/96/395 Display of Illuminated Signage Granted 27 December 1996 C/96/3 96 Installation of Shopfront (Listed Building Consent) Refused 15 January 1997 C/96/397 Installation of Shopfront Refused 15 January 1997
Development Plan ECONl3/4 Improvement of Industrial Sites COM3 Maintain Retail Core Areas ENV15/3 Conservation Area (Airdrie Town Centre Conservation Area) ENVl6 Conservation Area Improvements ENV17B Protect Listed Building Contrary to Development Plan Yes
CONSULTATIONS
0b jec tion Historic Scotland No Objection None Conditions None No Reply None
REPRESENTATIONS
Neighbours No response
Newspaper e Advertisement No response COMMENTS The development relates to an alteration to the paintwork to the upper part of Hendersons jewellery shopfront at 2 Bank Street, Airdrie. The original dark brown paint has been changed to a dark blue and it is my view that this alteration is unacceptable as it does not match the original bronze coloured shopfront frames and as such is detrimental to the character of this Grade B Listed Building. Similarly the back painted upper window features have had a similar incongruous impact. It is concluded that the proposal materially alters the external appearance and character of this Listed Building and it is recommended the application is refused planning permission.
RECOMMENDATION
Refuse for the following reason.
The development is contrary to the policy of ENV17B of the Adopted Monklands District Local Plan 1991 as the proposal would affect the external appearance of a Grade B Listed Building to the detriment of its character and visual amenity.
RCM009Wljw
NOTES TO COMMITTEE
If the Committee decision is to grant planning permission this application will require to be referred to the Secretary of State.
List of Background Papers
- Application Form and Plan - Adopted Monklands District Local Plan 1991 - Consultation Response from Historic Scotland dated 29 July 1997
Any person wishing to inspect the above background papers should telephone Coatbridge 812376 and ask for Mr Marshall.
RCM009Wljw APPLICATION NO. C/97/258/FUL
REPORT
1. SITE AND PROPOSAL
1.1 Detailed planning permission is being sought for the repainting of the upper part of Hendersons’ Jewellery shop at 2 Bank Street, Airdrie.
1.2 This prominent Category B Listed Building is situated on the corner of Bank Street and Graham Street and is located within Airdrie Town Centre Conservation Area.
1.3 The application has been made in retrospect for an alteration to the paintwork from dark brown to dark blue. The areas that have been painted include the fascia panel and upper window frames. In addition the upper window glazing has been back painted whte.
2. CONSULTATIONS AND OBJECTIONS
L. 1 Historic Scotland objected to the application on the basis that the paintwork provided an inconsistent finish to the external appearance of the shopfront and that a more appropriate match would be to 0 return the paintwork to its original dark brown colour.
2.2 There were no letters of objection received in regard to this application.
3. OBSERVATIONS AND CONCLUSIONS
3.1 The applicant was refused planning consent for alterations to the shopfront on 15th January 1997. This original proposal included the above-noted paintwork which has been carried out without the benefit of planning permission.
3.2 Planning permission was granted on 27 December 1996 for an alteration to the shop sign however this consent related only to the provision of an illuminated sign and to no other works.
3.3 The jewellery shop forms part of a larger 19th Century building known as Permans Building. The shopfront dates back to the 1920’s and its design, form and proportions represent a unique feature in Airdrie Town Centre. Moreover its prominent position emphasises its character. The shopfront still retains its bronze coloured metal framework and marble stall riser however the matching dark brown paintwork to the upper portion of the shopfront has been repainted into a “Midnight Blue” colour. Whilst it is accepted that the new paint freshens up the shopfrontage it is my view that the choice of colour is inappropriate and does not complement the bronze coloured shop window display frames. The applicant has also back painted the upper window glazing in a white paint. This has resulted in an inconsistent mix of white, off-white and pale blue window panels. Originally the windows had clear glass and the upper storeroom screened by interior curtains or blinds. I consider the original character of the shopfront has been impaired as a result of the unauthorised works and as such is contrary to Council’s policy ENV17B. This policy specifically states that the Council will not support any alterations or additions which would affect the internal or external appearance of a Listed Building except where the operations are essential to adapt the building for future use. In this instance the building is already in use as a Class 1 shop and the development does not accord with the terms of this policy.
3.4 It is concluded that the development materially alters the external appearance and character of this prominent listed building and it is recommended the application is refused planning permission.
RCM009Wljw Application No. C/97/292/MIN Date registered 25th June 1997 APPLICANT J W SOILS LTD, AUCHINSTARRY ROAD, CROY, KILSYTH, G65 9SG
Agent Mason Evans Partnership, 8 Elliot Place, Glasgow G3 8EP DEVELOPMENT AMENDMENT TO CONDITION 3 OF PLANNING CONSENT 94582 FOR TIME EXTENSION TO PERIOD OF OPERATIONS FOR CONSOLIDATION. LOCATION OPENCAST COAL SITE ON LAND EAST AND WEST OF ARBUCKLE ROAD AND SOUTH OF BALLOCHNEY ROAD, PLAINS.
Ward No. 44 Grid Reference 667952276740
File Reference CPLlPLB06 3/GQ/JW
Site History Planning permission No 9458 1 was granted subject to conditions on 2 1st August 1995 for the erection of residential development (in outline) on land to the west of Arbuckle Road and to the south of Ballochney Road, Plains.
Planning permission No 94582 was granted subject to conditions on 1st December 1995 for the reclamation of derelict land by opencast extraction of coal and subsequent compaction of land to the east and west of Arbuckle Road and to the south of Ballochney Road, Plains.
Development Plan Strathclyde Structure Plan 1991: Policy MIN2 and Policy MIN5. The Adopted Monkland District Local Plan 1991: Policy MINl and Policy ENV5. Contrary to Development Plan No
CONSULTATIONS
Objection None No Objection None Conditions None No Reply None
REPRESENTATIONS
Neighbours None
Newspaper Advertisement No response
COMMENTS The applicant, J W Soils Ltd, seeks an extension to the operational period of the site previously approved under planning permission no. 94582 (see above). The site has been extracted of all coal and operations are now undenvay to consolidate the land in a way which would allow housing development as proposed by the abovementioned planning permission no 9458 1. In view of adverse weather conditions, the applicant did not manage to complete the entire site (i.e. full extraction followed by consolidation)within the originally intended 18 month period stipulated by condition 3 of that consent or to complete the east part of the site within the anticipated 7 month period in line with condition 4 1. As a result the applicant has indicated in a supporting statement that a further period equal to an operational period of 6 months is required to complete the entire site works based on a compaction rate of 5,000 cubic metres per day.
RGPQOOS W/jw
Following consideration, the salient points of which are covered in the assessment of the full report enclosed, it is concluded that it would be reasonable to allow the applicant a period of 12 months to ensure full completion of the operations on site.
RECOMMENDATION
Grant, subject to the conditions on the attached sheet.
List of Background Papers
- Application Form, Plans and supporting statement, dated 19 June 1997 - The Strathclyde Structure Plan 1991 - The Adopted Monklands District Local Plan 1991 - Planning Permission No. 94581, dated 21 August 1995 - Planning Permission No. 94582, dated 1 December 1995
Any person wishing to inspect the above background papers should telephone Coatbridge 812381 and ask for Mr QuiM.
RGPQ008W/jw CONDITIONS :
1. That all works undertaken during the period for extension shall be carried out subject to all of the conditions of the existing planning consent no. 94582 except for condition 3 and 41, and in accordance with the supplementary written statement expressed by letter of 19th June,1997 from the Mason Evans Partnership.
Reason : As these conditions pertain to the original consent no 94582 and in the interests of the satisfactory completion of the works.
2. That all site operations, including consolidation and restoration shall be completed not later than 3 1 May 1998.
Reason : To ensure satisfactory completion of the works within an acceptable timescale.
0 3. That as agreed with the applicant, the full consolidation of the site shall be implemented at a compaction rate of 5000 cubic metres per day.
Reason : To ensure satisfactory completion of the works within an acceptable timescale.
4. That for the duration of the remaining site works the applicant shall submit a progress report at the end of each calendar month comprising (a) a site levels drawing clearly showing the extent to which each phase area has been bacldilled, and (b) a table showing clearly the calculated amounts of material still requiring to be bacldilled for each phase area, and this table shall be in the form set out in the letter from the Mason Evans Partnership dated 19th June, 1997 accompanying the application.
Reason : To ensure satisfactory completion of the works within an acceptable timescale.
RGPQOO8W.DOC APPLICATION NO. C/97/292/MIN
REPORT
1. INTRODUCTION
1.1 A planning application has been submitted by J W Soils Ltd for an amendment to condition 3 of previous planning permission no. 94582 for the reclamation of derelict land by opencast extraction of coal and subsequent compaction of land lying to the east and west of Arbuckle Road and to the south of Ballochney Road, Plains. This condition stipulated a completion of development within 18 months of commencement (i.e. by 31st May 1997) and this new application in effect seeks an extension to the working period for the purpose of completing site consolidation.
2. THE PROPOSALS
2.1 The applicant, J W Soils Ltd, seeks approval to the extension of the working period of their opencast site currently lying to the north of and adjacent to the established village of Plains. This site extends to 24 hectares and comprises two distinct parts, namely, 16 hectares of land to the west of Arbuckle Road and to the south of Ballochney Road, which are intended to be consolidatedfor housing development, and 8 hectares of land to the east of Arbuckle Road which are to be restored for agricultural use.
2.2 The original proposals have involved the excavation, handling and selective compaction of over 2.4 million cubic metres of rock and superficial materials with the objective of extracting around 120,000 tonnes of coal and consolidating the maximum ground on the west part of the site for housing development. The proposals have also involved the removal of peat deposits at the southern area (4 hectares) of the west part of the site and the use of the east part of the site as a “borrow pit” to receive the peat and to provide suitable material for site compaction.
2.3 In all, the proposals were intended to be implemented within a period of 18 months in line with condition 3 of the previous planning permission with the east part being completed within 7 months in line with condition 4 1.
2.4 As far as the west part of the site is concerned, consolidation has been an integral part of the proposals with a view to providing suitable compaction for future housing development. In this connection, outline planning permission for housing development (no. 94581) was granted on 3 1st August 1995 in relation to this part of the site and it is expected this development will be implemented following consolidation of the site, and subject to the approval of the reserved matters of a detailed planning application.
2.5 In line with the intended 18 month operating period for extraction, consolidation and restoration, all activity on the site should have ceased by the end of May 1997. However, during this period, the developer, whilst being able to extract the site essentially for coal, could not consolidate the west part of the site at the intended rate owing to unsuitable weather conditions. Indeed, as a result of either severe wet or freezing conditions, monitoring the site during those periods revealed that it was impossible to distinguish between the differing compaction qualities of the consolidation materials. Similarly, the inability to handle the peat effectively meant that the east part of the site could not be effectively progressed.
2.6 As a result, consolidationwork effectively ceased from November 1996 until the resumption in the better weather of mid April 1997. The site has now been extracted of all coal and approximately one third of the site has now been consolidated. The developer is currently excavating the remainder of the peat from the southern edge of the site and transporting this material across Arbuckle Road to the east part of the site. Simultaneously, the western edge and central point of the site is being consolidated. As far as the timescale for completion is concerned, the developer estimates that with 640,958 cubic metres of material still requiring to be compacted (at the 1st June 1997), and based on a target anticipated compaction rate of 27,500 cubic metres per week, the entire site could be completed in 23 working weeks (almost 6 months) if weather conditions allow. RGPQOOS W/jw The developer also advises that work would be continuous but not phased sequentially as the earthworks specification varies with depth and depends on selecting suitable materials from the tips around the site.
3. DEVELOPMENT PLAN POLICIES
3.1 The Development Plan is currently represented by the policies of the Strathclyde Structure Plan 1991 and the Adopted Monklands District Local Plan 1991.
3.2 The relevant Structure Plan policies are policy MIN2 and policy MIN5 and these are described as follows.
Policy MIN2: This policy states that opencast extraction in North and South West Lanarkshire and South Ayrshire, as shown in the key diagram, shall accord with the Regional Development Strategy.
Policy MIN5: This policy sets criteria in respect of significant developments for the winning and working of minerals. In this respect, developments in order to accord with the Structure Plan require to be identified within policy areas (including policy area identified by policy MIN2), and not to raise major infrastructural or environmental issues and require to provide the opportunity to conserve associated minerals, restore dereliction and review associated consents.
The Adopted Monklands District Local Plan 1991 policies applying to the development are policy MIN1, and policy ENV5 and these are described as follows.
Policy MIN1: This policy seeks to limit the extraction of minerals to sites lying within the zone of “devastated landscape” lying outwith 250 metres of key villages, provided that there are adequate measures in relation to services, screening, transport of materials, phased development, rehabilitation and afteruse.
Policy ENV5: This policy provides an exception to policy MINl and indicates that mineral developments may be allowed where they do not comply with the criteria of the above policy in cases where minerals are exploited on potentially dangerous sites or where mineral extraction would significantly improve an area’s amenity, environment andor safety.
4. REPRESENTATIONS
4.1 Following advertisement of the proposals in the normal manner under Section 34 of the Town and 0 Country Planning (Scotland) Act 1997, no objections or other representations were received. 5. ASSESSMENT
5.1 Firstly, as far as the Development Plan is concerned, the stated policies more appropriately relate to the principle of the original proposals, which was considered to be acceptable at the relevant time, rather than to the practical consideration of the site’s operational life. The main purpose of this assessment therefore would appear to be to consider the ongoing practical implications of the proposed extended working period.
5.2 In this regard it must firstly be stated that the current situation, which has meant that the site has not as yet been completed within the intended relatively short 18 month period, is regrettable from a planning viewpoint. Indeed, one of the factors which fell in favour of the proposals originally was the proposed relatively short period of working. However, given the severe weather conditions which prevented the necessary level of consolidation, it is accepted that this delay has been unavoidable. Indeed, continuous monitoring of the operations over the 18 month period revealed that the works were progressing at a rate that would have been sufficient to allow completion of the site within the 18 month period, but for the onset of the adverse weather conditions described above.
RGPQOO8 Wljw 5.3 The Local Authority, by the Restoration Bond Agreement established prior to the commencement of works has the ability in theory to cease developer involvement and consolidate the site itself. However, the time period would not be shorter than that which would be taken by the developer, and indeed, given the inevitable administrative and logistical requirements, would be likely to be significantly longer. Therefore, in the circumstancesof this particular case, it is considered that it would be in the public interest to allow the developer simply to continue operations and bring them to a conclusion as soon as practicably possible. In this regard it is notable that no public objections have been expressed against the time extension proposal.
5.4 It is noted that the applicant has anticipated a compaction rate of 5000 cubic metres per day and has requested approval of an extended working period of 6 months from the 1st June 1997. Hence, the entire site would be intended to be fully consolidated and restored by the end of November 1997 at this anticipated rate. However, it is clear that this completion date, like the operations already undertaken, relies on favourable weather conditions.
5.5 In any event, the only certainty at this stage is that the large majority of consolidation should be undertaken by November 1997 provided that there is adherence to the rate of compaction proposed by the applicant. Bearing this in mind, and to allow for the relatively small amount of around 4 to 6 weeks of consolidation works not being completed on time, assuming the onset of similar bad weather conditions to last year, it would seem reasonable to provide an extension beyond the proposed 6 months. Indeed, a period of 12 months would seem reasonable as this would take account of the worst case scenario of extended bad winter weather and still allow a final completion deadline of the end of May 1998.
5.6 The only concern that may prevail in relation to providing this longer period of time is that complacency may set in on the part of the developer which, particularly if combined with bad weather conditions, could cause further delay (i.e. beyond 12 months). This particular eventuality can however be prevented by close monitoring of the works to ensure strict adherence to the rate of compaction and by so doing, to ensure completion of the large maioritv of the works, if not all of them, by November 1997. Suitable conditions covering the compaction rate, the 12 month time period and all the other relevant issues of the original consent, could of course be attached to any approval of this application.
5.7 It is concluded therefore that permission should be granted for an extension period of 12 months from 1 June 1997 subject to such conditions.
6. RECOMMENDATION
0 6.1 It is recommended that the amendment to condition no. 3 is approved to allow a time extension of 12 months from the 1st June 1997 and that planning permission is therefore granted subject to conditions (see attached) covering this new time limit, the required rate of compaction and all other relevant issues relating to the development.
RGPQOO8 W/jw Application No. 537/92 OUTLINE Date registered 15 December 1992 APPLICANT H F HOMES, REEMA ROAD, BELLSHILL ML4 1RR Agent Alastair MacFarlane, per H F Homes, Reema Road, Bellshill DEVELOPMENT RESIDENTIAL DEVELOPMENT LOCATION CASTLEHILL ROAD, GOWKTHRAPPLE, WISHAW
Ward No. 15 Grid Reference 278935 6553 14
File Reference S/PL/B/2/39( 1O)/DMcF/KW
Site History None
Development Plan Zoned as Greenbelt and partially within the Area of Great Landscape Value on the Finalised Wishaw Local Plan. 0 Zoned as Greenbelt and partially within the Area of Great Landscape Value on the Consultative Draft Motherwell District Local Plan. Policies ENV7, EN12 & HSG3 also apply.
Contrary to Development Plan Yes
CONSULTATIONS
Objection Hamilton District Council, Clyde and Avon Valleys Project, Central Scotland Countryside Trust, M.D.C., Leisure Services. No Objection M.D.C. Director of Housing, Lanarkshire Health Board, Clyde Valley Tourist Board, Scottish Natural Heritage, Scottish Office Agriculture & Fisheries Department, S .R.C. Education Department Conditions M.D.C Director of Environmental Services, Clydesdale District Council, Lanarkshire Development Agency, British Telecom, British Gas Scotland, Scottish Power, Scottish Wildlife Trust, Clyde River Purification Board, SRC Sewerage, SRC Water, SRC Roads SRC Physical Planning, British Coal No Reply
REPRESENTATIONS
Neighbours Objections received from Councillor Irvine, Councillor Pentland, Councillor Moran , and Overtown & Waterloo Community Council. Newspaper Advertisement No Response
COMMENTS This proposal to establish residential development to the south of Castlehill Road, Wishaw is in outline only. The proposal has been the subject of much discussion and consideration since it’s submission, due to the site’s location relative to the existing communities of Overtown and Wishaw, the Clyde Valley generally and the site’s Development Plan Greenbelt zoning. Members will recall that these considerations culminated in the Castlehill Study first tabled at Planning and
Development Committee on the 26th February 1997. Following a subsequent site visit on 16th June 1997, Committee resolved to retain the Castlehill area (of which this application forms part) as Greenbelt, and reject the limited housing land release proposed for this site in the Castlehill Study. In light of this decision, I hereby recommend that planning permission be refused for this development application for the reasons set out below and supported in the accompanying report. It should be noted that the applicant has requested a hearing at the Planning and Development Committee for thls proposal.
RECOMMENDATION
Refuse, on the following grounds:-
(1) The proposal is contrary Dev 1 on the Finalised Wishaw Local Plan which requires that all urban related developments will take place within the existing boundaries of the settlements in the 0 plan area. (2) The proposal is contrary to the policies El of the Finalised Wishaw Local Plan and Policies Env 4 & Env 5 of the Consultative Draft Motherwell District Local Plan which seek to maintain the greenbelt.
(3) The proposal is contrary to Policy GB 1 of the Strathclyde Structure Plan which seeks to limit the spread of Built up Areas and the encroachment of development into the countryside.
(4) The proposal cannot be justified when tested against the criteria listed within Policy GB 1 of the Strathclyde Structure Plan, which attempts to assess the impact of development on greenbelt areas.
(5) The proposal is contrary to policy RES 1 of the Strathclyde Structure Plan which requires that preference be given to residential development on “Browgield” infill or redevelopment sites within urban areas rather than “Greenfield” sites.
(6) The proposal cannot be justified against Policy Res 1A of the Strathclyde Structure Plan which m establishes the criteria against which greenfield extensions to the land supply are to be considered.
(7) The amenity and character of the Clyde Valley with its designated Area of Great Landscape Value would be detrimentally affected by the introduction of this residential, non rural use.
(8) It is considered that the development would lead to an unacceptable reduction in an area of Strategic Greenbelt which separates the distinct community of Overtown and South Wishaw.
Notes to Committee
(1) If granted, this application will require to be referred to the Secretary of State for Scotland in accordance with Town and Country Planning (Notification of Applications) (Scotland) Direction 1997. List of Background Papers
Application form and plans dated 4.12.92 Strathclyde Structure Plan Finalised Wishaw Local Plan Consultative Draft Motherwell District Local Plan Committee Report titled “Castlehill Study” dated 7.2.97 Memo dated 13th January 1993 from MDC Director of Environmental Services Memo dated 20th January 1993 from MDC Area Housing Manager Memo dated 29th January 1993 from MDC Director of Administration (Legal Services) Letter dated 5th January 1993 from Hamilton District Council Letter dated 12th January 1993 from Clydesdale District Council Letter dated 22nd December 1992 from Lanarkshire Health Board Letter dated 8th January 1993 from Lanarkshire Development Agency Letter dated 24th December 1992 from British Telecom Letter dated 22nd December 1992 from British Gas Letter dated 6th January 1993 from Scottish Power 0 Letter dated 29th December 1992 from Clyde Valley Tourist Board Letter dated 5th March 1993 from Clyde & Avon Valleys Project Letter dated 15th January 1993 from Central Scotland Woodland Countryside Trust Memo dated 22nd February 1993 from MDC Leisure Services (Specialist Services) Memo dated 8th January 1993 from MDC Leisure Services (Parks & Amenity) Letter dated 8th March 1993 from Scottish Wildlife Trust Letter dated 22nd March 1993 from Scottish Natural Heritage Letter dated 12th January 1993 from the Scottish Office Agriculture and Fisheries Department Letter dated 22nd December 1992 from Clyde River Purification Board Letter dated 19th April 1993 from SRC Sewerage Letter dated 6th January 1993 from SRC Water Letter dated 5th April 1993 from SRC Physical Planning Letter dated 23rd December 1992 from SRC Sewerage Letter dated 8th January 1993 from SRC Roads Letter dated 25th January 1993 from SRC Roads Letter dated 22nd January 1993 from SRC Roads Letter dated 8th February 1993 from SRC Physical Planning @ Letter dated 1lth January 1993 from British Coal Letter dated 8th January 1993 from Councillor Irvine Letter dated 18th January 1993 from Councillor Pentland Letter dated 2 1st January 1993 from Councillor Moran Letter dated 27th April 1993 from Overtown & Waterloo Community Council
Any person wishing to inspect the above background papers should telephone Motherwell 302125 and ask for D McFarlane. APPLICATION NO. 537/92 OUTLINE REPORT
1. BACKGROUND
1.1 As stated in the cover page of this report, the issue of whether to allow greenfield housing land release in the wider Castlehill area of Wishaw was considered in the Castlehill Study tabled at Committee on 26th February and 16th June 1997, wherein Conmittee resolved to retain the area as Greenbelt with no housing land release. This outline proposal will be examined and assessed in the light of the above decision. The report on planning application no. 12/93 also tabled at this meeting further relates to the study area and involves the second of two outstanding planning applications for housing development in this location.
2. THE SITE
2.1 The site as outlined in red on the application plans extends to approximately 32 acres or 12.95 hectares. It lies to the south of Castlehill Road and the existing Gowkthrapple Local Authority housing development. The site adjoins Castlehill Road, but excludes the ground and buildings in the middle known as the Castlehill Cattery.
2.2 The site is laid out at present as a series of fields, hedgerows, shelter belts, access roads and paths. The ground slopes gently at first in a south westerly direction away from Castlehill Road increasing in pitch towards the south western edge of the site. This topography is typical of the Clyde Valley at this point with the proposed development located on the plateaux above the steeper sided valley slope.
2.3 Although farmed, current activity is low, with only grazing and hay cropping occasionally. Despite this relatively low level of farming activity, the site’s character is rural and forms attractive countryside. The land contours with the site are such that long distance views over the Clyde Valley are good, broken only by the mature shelter belts which enclose some of the site. These shelter belts form part of a wider woodland area, known as mghmainshead Wood which connects the site to the lower floor of the Clyde Valley.
2.4 To the east lie more fields which are enclosed, in the main, by mature hedgerows, although an 0 area of former mine workings exists which supports naturally regenerated vegetation which does not entirely conceal its former use. The eastern half of the site is more open. To the north is Castlehill Road, and beyond the Local Authority housing development Gowkthrapple. To the west lies more attractive countryside, with older areas of gorge woodland, fields and hrther tree belts. An access road from Castlehill Road past a former lodge house leads down to the ruins of Cambusnethan House and a number of farms in the Clyde Valley itself.
3. THE PROPOSAL
3.1 The developer proposes to establish housing on the site taking into account the existing landscape structure and character of the area. A survey of the existing woodland would be carried out and existing tree belts reinforced as necessary. The site is proposed to be developed in 3 phases with two access points from Castlehill Road being indicated. Although the proposal is in outline only, the applicant has indicated that “high quality” house types would be used to ensure a pleasant and acceptable development form, with a density of about 8 units per acre. It should be noted that the applicant is willing to amend hs proposals to take account of any factors which the Planning Authority consider relevant if housing were to be accepted for this site. 4. CONSULTATIONS
4.1 The former Motherwell District Council’s Director of Environmental Services offered no objections to the proposal providing it complied with the control of Pollution Act 1974 (with special regard to Part 111: Noise) and that all dwellinghouses would require to meet the tolerable standard as detailed in the Housing (Scotland) Act 1987.
4.2 The former Motherwell District Council’s Director of Housing had no objection to the proposal.
4.3 The former Hamilton District Council’s Director of Planning stated that in the absence of any housing land shortfall in the area, the proposal was premature. He was also concerned about the proposals implications for the Clyde Valley, in terms of visual, conservation and environmental impact.
4.4 The former Clydesdale District Council’s Director of Planning and Technical Services commented that he had no objection to the principle of greenfield release at that time and highlighted the fact that the site was possibly being included in a study to establish a road link to the M74. The proposals, if granted, should take into account the aims and objectives of the Clyde and Avon Valley’s Project.
4.5 Lanarkshire Health Board considered that significant development of the area would alter existing population distribution and may have repercussions for the board’s community and G.P. services.
4.6 The Lanarkshire Development Agency highlighted the study into the M74/M8 motorway link, which was examining part of the site as a possible route.
4.7 British Telecom, British Gas, Scottish Power, SRC Water and SRC Sewerage, all indicated that they had plant located within the site which would require to be taken into account if the proposal were approved.
4.8 No objections were raised to the proposal by the Clyde Valley Tourist Board and Scottish Natural Heritage. It should be pointed out however that at the time of consultation, SNH were in the process of reorganisation and not in a position to hlly consider the proposal. The Committee’s attention is therefore drawn to the SNH response to the proposed housing development on the adjacent site, where they formally objected to development. ( application no. 12/93)
4.9 The Clyde and Avon Valleys Project considered that the development would cause hrther spread of the urban area in to the Clyde Valley, thus pressurising a sensitive landscape. If approved, however, the existing shelterbelts should be reinforced and extended to increase screening from the west side of the valley. The adjacent Highmainshead Wood is highlighted as a site of importance for nature conservation (S.I.N.C.) and as such should be protected. However, if development is allowed, an opportunity does exist to provide sensitively designed footpath links into the area for wider access to the Clyde Valley.
4.10 The former Central Scotland Woodlands Countryside Trust (now Central Scotland Countryside Trust ) commented that they had no objection to the principle of development but, they recognise that it would mean incursion into the Greenbelt. Their concerns mainly related to the adjacent Highmainshead Woodland and to the small part of it which lies within the site. They considered that reinforcement, protection and proper management was essential if the development were approved. They also were concerned about the extent of the proposal which, if granted, may restrict the Council’s ability to refuse less environmentally acceptable development fbrther into the Clyde Valley. Finally, they commented that the existing communities of Wishaw and Overtown may suffer some identity loss if their distinct boundaries were breached by proposals such as this.
4.11 The former Motherwell District Council’s Director of Leisure Services commented that the Castlehill Woodland was an important semi-natural woodland which forms an integral part of a local wildlife corridor system. Such areas are regarded as being essential to ensure the survival of fast disappearing habitats and species. A series of recommendations were included if the proposal were to be approved. More generally, concerns were expressed about the site’s location in the Clyde Valley and potential loss of Greenbelt possibly leading to further development at this location. The Director of Leisure also queried the necessity of releasing valuable Greenbelt land when other brownfield sites were available for development.
4.12 The Scottish Wildlife Trust had no objections to the principle of development providing existing valuable habitat areas were protected and enhanced.
0 4.13 The Scottish Office Department of Agriculture and Fisheries conmented that the site had recently been used for stock grazing. The site was classed as 3 1 * on the Macauley Land Use Research Institute Classification for agricultural land, (low grade prime quality land). They highlighted past mining activity on part of the site and its proximity to the urban edge commenting that the land’s full potential for agricultural use would be unlikely ever to be reached. There was therefore, no objection to the proposal from an agricultural viewpoint.
4.14 The former Clyde River Purification Board had no objections to the proposal, providing that foul drainage could be connected to the public sewer.
4.15 The former Strathclyde Regional Council’s Director of Planning highlighted the need to take into account approved planning policies for the area and the requirement to undertake a joint planning study, having particular regard to housing need and environmental impact on the Clyde Valley.
4.16 British Coal indicated the presence of past mining activity in the area including 2 mine shafts. Despite this, providing the appropriate investigations were carried out and subsequent action taken, site development would be feasible.
4.17 The former Strathclyde Regional Council’s Area Roads Engineer asked for a Traffic Impact Assessment. The study confirmed that a number of key junctions were currently operating overcapacity and required upgrading. Any development on this site would therefore require careful integration with junction and local road network improvements. These are Garrion Bridge and the NethertodCastlehill Road Caledonian Road junctions. Other key junctions, namely, the Netherton RoadOld Manse Roametherton Street and CastlehlVA7 1 junctions would require upgrading by 2008 if development were allowed on this site in addition to existing housing sites in the area.
5. REPRESENTATIONS
5.1 One letter of objection was received from Councillor William Irvine of the former S.R.C. who did not favour development of this site which, together with other development proposals in the area, had a detrimental impact generally. More specifically, he considered that the proposed western access to the site would be better located at the existing junction of Castlehill Road and Canibusnethan House. 5.2 A letter of objection was received from Councillor Pentland of the former Motherwell District Council. His objection related to both this and the adjacent proposal at Wemysshll Farm (application no. 12/93) also the subject of a report to this Committee. ms objections were listed as:-
(a) the proposal represents release of greenfield sites to which he is strongly opposed;
(b) development of these sites will set an undesirable precedent which may result, in the longer term, in development progressing further into the Clyde Valley. He considered this to be unacceptable in view of this area’s high landscape value; (c) these proposals, together with the adjacent proposal, will result in an unacceptable increase in traffic in the area with a detrimental effect on the amenity of the residents in Overtown and the Castlehill Road generally, and (d) given the current economic climate he considered that there is no demand for the proposed housing and that development of either site cannot be justified.
5.3 A letter of objection was received from Councillor J Moran of the former Motherwell District 0 Council. His comments and concerns were similar to those above.
5.4 Finally, a letter of objection was received from Overtown and Waterloo Community Council. Their comments and concerns were as above. However, they also felt that Overtown was on the verge of losing it’s identity as a village if the proposal were to be approved. They felt that the village of Overtown did not want to become another part of Wishaw.
6. PLANNING CONSIDERATIONS
6.1 The consultees recognised the principle of housing development on ths site if it were required following a planning study into the needs and environmental constraints of the area. A study was to be undertaken to assess its suitability for greenfield housing land release as a requirement of the Strathclyde Structure Plan.
6.2 The various service authorities all considered the proposal to be acceptable, providing their plant and equipment was protected or relocated at the developers’ expense.
6.3 The major issues raised by this development came from letters of representation, various Local Authority Departments, Local Authority funded joint bodies, amenity and countryside organisations. The main issues can be suimiarised as:-
- The proposal would divert attention from the Council’s efforts to direct residential development to brownfield sites.
- The proposal is premature because of the excess current availability of greenfield sites in the area.
- The proposal may conflict with a possible M74/M8 motorway link
- The development would have a detrimental impact upon the Clyde Valley, and adversely affect a designated Area of Great Landscape Value.
- The development would be detrimental to environmental and conservation interests. - Any existing habitats, landscape features and areas of conservation interest would require to be protected and enhanced if the proposal were to be approved.
- The identity of South Wishaw and Overtown communities may be threatened by this development.
- The requirements to implement all recommendations of the Traffic Impact Assessment (T.I.A.).
- The need to assess the proposal within the context of a joint planning study to consider the principle of greenfield release at this location in terms of housing need and environmental constraints.
6.4 The above issues were addressed in the Castlehill planning study and presented to members on 26th February 1997. The only outstanding matter not covered in the above list relates to the T.I.A. which would be subject to hture detailed discussion with the applicant if this outline 0 proposal were to be approved. The M74M8 road link is not now under consideration. 6.5 The Castlehill Study has shown that the area is sensitive in terms of landscape, habitat and areas of conservation interest. Although some protection measures and habitat reinforcement may be possible, it is considered that the development of this site would not meet with the Council’s overall agreed strategy for maintaining this area of strategic Greenbelt. In light of the Committees recent decision on the suggested options contained in the Castlehill Study, this proposal can only be viewed as an unjustified residential development in the Greenbelt when assessed against current Development Plan policies
7. CONCLUSIONS
7.1 The proposed application site forms part of a wider area which has been the subject of much debate since it was first raised as a possible greenfield release location in the 1990 Strathclyde Structure Plan. The Castlehill Study did consider the merits of this site in its overall assessment of the potential for greenfield release in this area. The Committee’s decision that the overall area to the south of Castlehill Road should remain as Greenbelt means that this application should be rehsed in line with that decision and the concerns expressed by the Commitee when considering the Study. Application No. S/97/00079/FUL Date registered 17 February 1997 APPLICANT MR RAYMOND OATES, 74 JERVISTON ROAD, NEW STEVENSTON Agent MacFarlane & Co., 48 Main Street, Wishaw DEVELOPMENT CHANGE OF USE FROM GENERAL INDUSTRY TO WAREHOUSE STORAGE AND DISTRIBUTION DEPOT LOCATION 609 MAIN STREET, MOSSEND
Ward No. 26 Grid Reference 274600-660400
File Reference S/PL/B/7/49 (63)/DA/AB
Site History Previously used by Strathclyde Fabricators (General Industry)
0 Development Plan Bellshill & Mossend Local Plan - Policy I1 (Area where new industrial development will be concentrated) Motherwell District Local Plan (Consultative Draft) - Policy Ind 9 (Established Industrial and Business Area)
Contrary to Development Plan No
CONSULTATIONS
Objection No Objection Conditions No Reply
REPRESENTATIONS
Neighbours No Response Newspaper Advertisement Not Required
COMMENTS The applicant seeks permission to change the use of the former Strathclyde Fabricators building and yard to a warehouse storage and distribution depot. The business is run under the name Redline Transport and deals primarily with the storage and distribution of confectionery. The applicant has stated that 47 people will be employed although 44 posts are existing. 14 of the latter are full time posts. 3 new full time posts will be created. The business will operate 7 days a week from 8 am until 6 pm and 10 pm until 6 am. A total of 10 vehicles are involved in distribution.
The business is located within an industrial area although the whole area is adjacent to existing housing. Delays in processing the application have been caused by the applicant’s failure to provide all the required information. I do not have any objection in principle to the proposed use
of the prciiiiscs altliougli traffic flons during the period I0 pm - 0 ani could adversel! affect the amenit!, of adjacent residents It IS thcrcforu recommended that consent be granted for a temporan period to allo\\ nionitoring
RECOMMENDATION Grant. sub.ject to the follo\ving conditions:-
(1) That the pemiission hereby granted is for a temporan, period onl!, and shall cspirc on I 3 .L\ug~ist 1999.
Reason: To allow an adequate period of assessment and to allow the Plaiiiiiiig Authorit! to retain effective control.
(2) That before developnient starts. details of n scheme. \\ hich provides sufficient space \\ itliin the curtilage of the applicatioii site li)r - 0 (a) the parking and iii;iiiociivriiig of‘ 7 C;II s ;IIKI 10 coiiiiiicrci;iI \ chiclcs.
(b) the loading and unloading ol’ 10 vchiclcs. and
(c) the provision of turning areas so that all vehicles enter and leave the situ in fonvard gear shall be submitted to. and approvcd b!.. the Planning Authorit!
Reason: To ensure the provisioii of adcclu;itc parking facilities \vithin the site
(3) That before the development hcicb! permitted IS completed. or brought into LISC. all the area covered b!. the scheme. approved under the term of condition (2) above. shall be le\ cllcd. properly drained. surfaced in a material \vhich the Planning Authorit! lias approved in \\ riting before the start of surfacing \I orks. and clcarl! marked out and shall. thereafter. bc maintained as.-
(a) parking areas: (b) loading areas. and (c) manoeuvring areas
Reason. To cnsiirc the prowsioii of atlcqii;itc Ixirking I~icili~ics\\ itliin the site
List of Background Papers
Application fonii and plans. dated 17/2/97 Letter froin Ness. Gallagher & CO. dalccl 14/3/07 Letter from Redline Transport. dated 22/4/97 Bellshill & Mossend Local Plan Mothenvell District Local Plan (Consultative Draft)
Any person wishing to inspect the above background papers should telephone I\/lotlien\ell 302090 and ask for David Asllnian. Application No. S/97/00 168/0UT Date registered 25 March 1997 APPLICANT MRS MAWORIE KENNEDY, GREENHILL FARM, HARESHAW ML15NF Agent Conhe Plummer Architects, Brousterland House, 23 Brouster Hill, East Kilbride G74 1AH DEVELOPMENT CONSTRUCTION OF 2 DWELLINGHOUSES LOCATION GREENHILL FARM, HARESHAW
Ward No. 19 Grid Reference 221460-660150
File Reference S/PL/B/4/49/ 17/CLWAB
Site History (a) Ref No. S/96/003 12/FUL - Alterations to ground level - Granted 1996 - Works almost completed (b) Ref No. S/97/00106/CLU - Application to confirm lawhlness of pet food and bedding case - confirmed July 1997
Development Plan Green Belt on both Draft Motherwell District Local Plan and the Finalised Wishaw Local Plan
Contrary to Development Plan Yes
CONSULTATIONS
Objection No Objection West of Scotland Water Authority The Coal Authority Conditions No Reply
REPRESENTATIONS
Neighbours No Response Newspaper Advertisement One letter of objection
COMMENTS The applicant wishes to build 2 single storey dwellinghouses adjacent to the farmhouse. Whilst the site is outwith the village boundary and within the Green Belt, the fact that it is on the edge of the village, is sandwiched between the farm and an adjoining house and is to an extent justified in terms of agricultural need, all leads me to believe that this proposal is acceptable. The applicant has agreed to enter into a Section 75 legal agreement which will tie the use of the houses and the agricultural unit and pet food and bedding business together.
Further details can be found within the attached report. Sinks
\ 9eproducea from Ordnance Survey with the mrmlasion of tM Controller. of PLANNING APPLICATION NO. 5 / 97 / 00160 / OUT Iajeaty's Stationery attice CFOW~ CONSTRUCTION OF TWO OWELLINGHOUSES :wyright UnaUthOPlseo Pe,,roauction mfringes Crown cooyrlgnt and may leaa to prosecution or civxi proceedings GREENHILL FARM, qortn Lanarksnire Councli .rcence nume? LA0901iL HARESHAW. 24/07/97 RECOMMENDATION Grant, subject to the following conditions:-
That before development starts a written application and plans, in respect of the following reserved matters, shall be submitted to, and approved by, the Planning Authority:-
(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;
(d) the design and location of all boundary walls and fences;
(e) the provision of drainage works, and
(f) the disposal of sewage.
Reason: The approval is in principle only.
That the houses hereby permitted shall comply with the following criteria:
(a) Houses to be no more than 1% stories in height.
(b) The footprint of both houses shall cover no more than 30% of the site area.
(c) The minimum distance between the boundary of no. 23 Greenhill and Wilsons Road, and the nearest gable should be 5.0 metres.
(d) Minimum rear private garden grounds to be 60 sq. metres.
Reason: To ensure that the development is successhlly integrated into its surroundings.
(3) That the development hereby permitted shall be started, either within five years of the date of this permission, or within two years of the date on which the last of the reserved matters are approved, whichever is the later.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
(4) That within three years of the date of this permission, an application for approval of the reserved matters, specified in condition (1) above, shall be made to the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
That before development 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 by, the Planning Authority.
Reason: These details have not been submitted. (6) That before any of the dwellinghouses situated on a site upon which a fence is to be erected are occupied, the fence, or wall, for which the permission of the Planning Authority has been obtained under the terms of condition (5) above, shall be erected.
Reason: To safeguard the amenity of fbture residents.
(7) That before development starts, samples of the facing materials to be used on all external walls and roofs shall be submitted to, and approved by, the Planning Authority, and that, for the avoidance of doubt, the roof tile shall be of a dark colour such as dark grey or dark brown.
Reason: These details have not been submitted.
(8) That no trees within the application site shall be lopped, topped, felled, or otherwise affected, without the prior written consent of the Planning Authority.
Reason: To safeguard the amenity of the area.
(9) That before development starts, a scheme of landscaping shall be submitted to, and approved 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 number, variety and size of trees and shrubs to be planted;
(c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development;
(d) details of the phasing of these works;
(e) hedging along front and rear boundaries and
(f) details of a full survey on the trees along the frontage of the site to be carried out by appropriately qualified arboricultural experts, together with details of all necessary tree surgery work designed to retain the trees in a healthy condition.
Reason: In the interests of the visual amenity of the area.
( 10) That prior to the occupation of the first 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 (9) above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within 5 years of the completion of the development, shall be replaced in the next planting season with others of a similar size and species.
Reason: In the interests of amenity.
(1 1) That whilst all construction works are being carried out on site, the trees along the frontage of the site shall be protected by a chespale fencing, which will have been erected in advance in a location to be agreed in advance by the Planning Authority. Reason: To protect the health of the trees in the interest of the amenity of the area.
That the occupation of the dwellinghouses hereby permitted shall be limited to a person employed full time locally in agriculture, as defined in Section 277 of the Town and Country Planning (Scotland) Act 1997, or forestry, or a dependant of such a person, residing with him, or her, or the widow or widower, of such a person.
Reason: In accordance with the approved Green Belt policy.
That notwithstanding the generality of condition no. (1) above, the means of access and manoeuvring within the site shall comply with the following:
(a) Both properties shall share one access point which shall be 5 .O metres in width.
(b) The first 5.0 metres shall be surfaced in an appropriate hard surfaced material.
(c) Each dwellinghouse shall have its own vehicle turning area allowing cars to enter and exit the site in forward gear.
(d) Any gates shall be sited at least 5 .O metres back from the roadway and shall only open inwards into the site.
Reason: In the interests of road safety.
NOTES TO COMMITTEE
(1) The applicant has agreed to enter into an agreement in ternis of Section 75 of the Town and Country Planning (Scotland) Act 1997 in respect of restricting the use of the dwellinghouses hereby approved and preventing the future sub-division of the farm unit. The planning consent should not be issued until these matters have been concluded e List of Background Papers
Application form, plans and accompanying letter in support of proposal Letter of objection from Mr G Wilson, 19/23 Greenhill Road, Hareshaw dated 26th March 1997 Letter from SEPA dated 19th May 1997 Letter from West of Scotland Water dated 29th April 1997 Letter from the Coal Authority dated 22nd April 1997
Any person wishing to inspect the above background papers should telephone Motherwell 302102 and ask for Mr Kellock. APPLICATION S/97/00168/OUT
REPORT
1. DESCRIPTION OF SITE AND PROPOSAL
1.1 The applicant wishes to construct two detached bungalows on an area of land measuring approximately 55 m x 30 m. The site is located on Greenhill and Wilson’s Road which is on the southern approaches to the village of Hareshaw. It is surrounded by farmland to the rear and to the front (on the opposite side of the road) with a dwellinghouse and the applicant’s farmhouse on either side. The site has several mature trees along its frontage. There are no footways linking the site to the village, although there are streetlights.
2. JUSTIFICATION
0 2.1 The applicant has submitted information to support her requirement to build two dwellinghouses adjacent to the farmhouse. This can be summarised as follows:
The applicant operates a farm business, as well as a successful pet food and pet bedding packing business which employs between 8-13 people. A business plan has been produced which anticipates the continuing expansion of this business and staff numbers.
It therefore is argued that the businesses undertaken at the adjoining farm justifies additional residential accommodation.
The two houses would be built for each of her sons. In particular, one would be built as a ‘special needs’ house for one partially disabled son, and construction of this house would allow him to continue to work on the farm whilst giving him a degree of independence but with the support of his family nearby.
There have been a number of breaches in security at the farm and the associated business, and these houses would assist in preventing future problems through additional surveillance over the farm and its access area.
3. PLANNING HISTORY
3.1 In 1996, planning permission was granted (partly in retrospect) for a proposal to alter the ground levels within the area immediately around Greenhill Farm. The last phase of these works is currently under way, and there is no doubting the fact that this is an unsightly operation. However, the earlier phases are now complete and have been the subject of the necessary grass-seeding and tree planting scheme, and the area is now quite attractive.
3.2 More recently, the applicant submitted an application for a Certificate of Lawful Use in respect of the pet food and bedding use on the site. Although related in some way to the operation of the farm business, this use is sufficiently divorced for it to require a planning permission of its own, although this was never applied for. The applicant, by proving to my satisfaction that this business has been in operation for at least ten years, was able to be issued with a Certificate of Lawful Use which in the most part acts the same as a planning permission. This certificate was issued in July 1997.
4. DEVELOPMENT PLAN
4.1 The site is identified as Greenbelt in both the Finalised Wishaw Local Plan and the Draft Motherwell District Local Plan. The boundary of the extent of Hareshaw village has been the subject of a review in recent years and this has been incorporated into the Draft Local Plan, but this stops short immediately next to the application site.
4.2 Both Local Plans have policies which allow for houses to be built within the Greenbelt, but only where an agricultural or forestry need can be demonstrated.
5. CONSULTATIONS
5.1 In terms of foul drainage, SEPA have stated that any septic tank would have to discharge into a soakaway, and that this would be subject to the successful outcome of soil porosity tests being 0 carried out on site. West of Scotland Water have confirmed that whilst there are no public sewers in close proximity, a connection would be possible subject to a suitable pumping system being incorporated.
5.2 The Coal Authority do not highlight any particular problem with underground conditions at the site.
6. REPRESENTATIONS
6.1 One letter of objection has been received from the occupier of the house to the side of the site. In this letter, he expresses concern over the increased overlooking and loss of privacy from the dwellinghouses, the impact on the environment and the potential drainage problems which the proposal will create (thus adding to the water penetrating his garden from the application site).
7. PLANNING ASSESSMENT
7.1 In terms of assessing the acceptability of the principle of two dwellinghouses on this site, the fact that is within the Greenbelt will certainly act against it. However, I am of the opinion that there are several reasons why the granting of planning permission in this instance would be acceptable.
7.2 Firstly, the site is immediately adjacent to the village boundary and is sandwiched between the farmhouse, and its curtilage, and another dwellinghouse on the edge of the village. As such, the impact on the overall character of the village and the visual amenity of the overall area is lessened by the fact that it would look like a natural extension to the village and is not sporadic development. There has already been a significant expansion to the village on its other approaches.
7.3 Secondly, the application has been justified in part by the particular needs of the applicant, her business and her family. 7.4 Lastly, the applicant has agreed to enter into a Section 75 legal agreement, and this would tie the occupation of the houses and the farm business together and would prevent the future sub- division of the farm unit.
7.5 Taken in isolation, I do not believe that the above factors would allow me to recommend approval for this proposal. In particular, the agricultural justification is not, in my opinion strong enough to merit additional dwellinghouses were they not to be located on the edge of the village boundary. However, a combination of these factors leads me to conclude that in principle, this proposal is acceptable. Due to these factors, any approval on this site would not result in a precedent of further residential development on this side of Hareshaw.
7.6 There are, however, other matters of detail which will have to be assessed.
7.7 Firstly, the lack of footway at this point and the restricted visibility afforded by the trees mean that the proposal does not meet normal standards of highway safety. However, this is an identical situation to that at the new houses on the other side Hareshaw, and I am satisfied that a development of this size will not pose any undue problems.
7.8 Secondly in terms of the points raised by the objector at the adjacent dwellinghouse, I am satisfied that the new houses will not impinge on his privacy, given that they would be orientated away from his property and would be some 22 metres from his own house. The matter of drainage can be resolved at the ‘Reserved Matters’ stage, although changes to the drainage of the site are likely to improve rather than worsen matters for the objector in this respect. In any case, problems relating to water penetration from one site to another would ultimately be the responsibility of both land-owners. Thirdly, the matter of the visual impact has already been addressed above.
7.9 As noted, the site has some attractive mature trees along its frontage. This permission will allow for their retention (although one may have to be removed to allow for access) and future management.
8. CONCLUSION
8.1 Having given careful consideration to the circumstances surrounding this particular 0 application, I am prepared to recommend approval for these two dwellinghouses, subject to appropriate conditions, and subject to the applicant delivering to the Council a Section 75 agreement which will tie the occupancy of the houses to the farm business, and will prevent the future subdivision of the farm. Application No. S/97/00222/FUL Date registered 16 April 1997 APPLICANT MR WILLIAM CHAFMAN, GARRION FRUIT FARM, HORSLEY BRAE, GARRION BRIDGE, ML2 ORR Agent Alex Cullen & Co., 7 Gateside Street, Hamilton ML3 7HT DEVELOPMENT CHANGE OF USE OF EXISTING BUILDING TO FORM 3 NO. RESIDENTIAL CHALETS LOCATION GARRION FARM, HORSLEY BRAE, GARRION BRIDGE ML2 ORR
Ward No. 15 Grid Reference 279655-65 1166
File Reference S/PL/B/2/43/JL/AB
Site History No significant site history
Development Plan Greenbelt & Area of Great Landscape value on Finalised Wishaw Local Plan and Consultative Draft Plan Motherwell Local Plan
Contrary to Development Plan Yes
CONSULTATIONS
Objection No Objection Greater Glasgow & Clyde Valley Tourist Board Conditions Scottish Environment Protection Agency NLC Director of Leisure Services West of Scotland Water No Reply
REPRESENTATIONS
Neighbours No Response Newspaper Advertisement No Response
COMMENTS The applicant seeks planning consent for the conversion and adaption of an existing stone built farm outbuilding situated on the northern side of the courtyard serving the farm, Garrion Farm dwelling and a recently located office use. The application building will be sub-divided and adapted into 3 no. holiday chalets with rear dormers. The private single track access serving the courtyard will be shared with a number of other users including two hrther dwellings and the already busy Geest building. The Horsley Brae ‘A’ road onto wlich access is taken is via a sub standard junction with restricted visibility. Whilst I acknowledge that conversions of redundant farm outbuildings for suitable uses may prove acceptable in planning policy terms, I am concerned that this particular proposal involving holiday accommodation can not be justified given its Greenbelt location and likely adverse impact on an already busy private
access road. sub standard .junction and congested fann court! ard For these reasons. I rcconiiiicnd that the application be refiised
RECOMMENDATION Refuse, on the following grounds:-
That the proposal is contrary to the Greenbelt Policies of the Finalised Wishaiv Local Plan and Consultative Draft Mothenvell Local Plan which seek to protect and enhance this area of Greenbelt and its designated Area of Great Landscape Value.
That the proposal would result in overdevelopment of an already congested court1,ard serving a number of existing residential and business uses.
That the proposed development \vouId pose a risk to higlnva! safet! 111 that it \\ould lcad to an increase in vehicles taking access from a sub standard junction onto a "A' class road At prcscnt the access alread!. serves a number of residential and business uses and this de\ elopment \\ ouid represent overdevelopment of a private access road and junction \\ it11 limited capacit!
List of Background Papers
Application and plan dated 16/4/97 Letter dated 24/6/97 Finalised Wisliaw Local Plan Consultative Draft Mothenvell Local Plan Letter dated 25/4/97 from West of Scotland Water Memo dated 2/5/97 from NLC Director of Leisure Scrviccs Letter dated 29/4/97 from Greater Glasgo\v and CI!.dc Vallc!. Tourist Board Letter dated 19/6/97 from Scottish Environment Protection Agcnc!.
An!. person wishing to inspect the ab0L.e backgroiiiid papers should tclcphonc Mothen\ cll 307 1-12 2nd ask for Mr Lemon. Application No. S/97/00268/FUL Date registered 6th May 1997 APPLICANT MOTHERWELL FOOTBALL AND ATHLETIC CLUB, LTD., FIR PARK STREET, MOTHERWELL Agent W H Dickie, 77 Hamilton Road, Motherwell DEVELOPMENT FORMATION OF TRAINING/SOCCER SEVENS AREA LOCATION KNOWETOP AVENUE, MOTHERWELL
Ward No. 12 Grid Reference 276000655870
File Reference
Site History Tree Preservation Order designated in September 1995. e Development Plan Unzoned on Consultative Draft Motherwell District Local Plan Contrary to Development Plan No
CONSULTATIONS
Objection NLC Leisure Services No Objection British Coal NLC Environmental Services West of Scotland Water The Scottish Sports Council NLC Department of Education Conditions No Reply
REPRESENTATIONS
Neighbours No Response Newspaper Advertisement Not Required
COMMENTS This proposal relates to an area of vacant ground which formerly housed the canteen at Knowetop Primary School, Motherwell. The proposal involves the formation of a floodlit all weather pitch which will be available for use by the football club, local schools and community groups. The development, if granted, will mean the loss of a number of trees which are part of a group covered by a Tree Preservation Order. The accompanying report discusses these issues in more detail.
RECOMMENDATION Grant, subject to the following conditions:-
That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
That before development starts, hll details of the design of all fences and walls to be erected on the site shall be submitted to, and approved by, the Planning Authority.
Reason: These details have not been submitted.
(3) That before the development hereby permitted is completed or brought into use all fences approved under the terms of condition (2) above shall be erected.
Reason: In the interests of amenity.
(4) No vehicular access to the site shall be taken via Knowetop Primary School.
Reason: In the interests of public safety.
List of Background Papers
Application forms and plans Letter dated 17 July 1997 from W H Dickie Consultative Draft Motherwell District Local Plan Letter dated 30 May 1997 from British Coal @ Letter dated 6 June 1997 from West of Scotland Water Letter dated 13 June 1997 from The Scottish Sports Council Memo dated 8 July 1997 from NLC Education Memos 26 June 1997,27 June 1997 and 20 June 1997 from NLC Leisure Services dated Memo dated 9 June 1997 from NLC Environmental Services
Any person wishing to inspect the above background papers should telephone Motherwell 302127 and ask for Lorna Bowden. PLANNING APPLICATION NO. S/97/00268/FUL
REPORT
1 .o THE SITE AND PROPOSAL
1.1 The application site is located on tlie southern side of Knoivetop Priman School on land \\kicIi was formerly occupied by the school kitchens. The buildings have been demolished lea\ ing the site covered in grass with a number of mature trees dispersed around the site
1.2 The site is unzoned on the Consultative Draft Mothenvell District Local Plan. It is bounded on the south and west by Mothenvell Football Club and on tlie east by Autotrader's offices on Dalzell Avenue. The trees on the site form part of ;1 ivider Tree Preservation Order which also includes tlie trees on Autotraders land.
I .3 The proposal is to fonn a 7-a-Slde football pitch on the application site The pitch IS to be constructed with an all-neather surface and floodlighting A 3 nietre high fence \\ill be erected around 3 sides of tlie site 111th the northeni bouiidaq existing sandstone \\all retained and extended with a fence bringing the overall height to 3 metres
1.4 In a supporting letter the applicant's intentions for tlie use of the site are detailed. It IS proposed that Mothenvell Football Club will have use of the area even' morning: North Lanarkshire schools mill have tlie use of tlie pitch in the afternoons and it will be available for coinmunit!' use in the evenings.
2.0 CONSULTATIONS
2.1 The Director of Education and the Director of Environmental Sen/ices liavc no ob.lcctions to thc proposal.
2.2 West of Scotland Water has advised that a water suppl!. can be made available for the development and that there are public scncrs in the vicinit!. to \vhich drainage can be discharged
British Coal have stated that the site is \\itliin the likcl!, zone of influence on the surface from eight seams of coal at approximatcl!. 120 ni to 240 m depth. the last date of lvorking being I949
2.4 The Scottish Sports Council has no ob-jection to the proposal and state that the proposcd facllit! will be a welcome addition to the area.
2.5 The Director of Leisure has no objections from a sports and recreation vie\\,point. lio\\c\cr. in landscape ternis, it is considered that the clearing of valuable trees to create a football pitch is unacceptable. The old trees are historicall!, significant to Mothenvell and are orth keeping and should be protected. The proposal also involves construction of tall fencing. floodlighting and alterations of site levels of up to 1.5 metres making drastic changes to land forni. If this area IS to be developed then it should haniionisc \vith its surroundings. The proposal is totall!, inappropriate and unacceptable. 3.0 OBSERVATIONS
3.1 The intention of the applicant is to provide an additional facility for the football club which can also be used by local schools in association with the football clubs community wing. The Football Club’s changing facilities within the South Stand will also be made available to visiting users.
3.2 The main issue in this case is whether the creation of this facility justifies the loss of trees. The tree preservation order was designated to protect the trees when the adjoining site on Dalzell Drive was being developed. The proposed development involves the alteration of site levels and for this reason it is unlikely that any trees will be retained. It is also unlikely given the nature of the development, that the developer will agree to plant replacement trees as they will want to keep the pitch free of leaves as far as possible. Although, as a result of this proposal, a number of trees will be removed the character of Dalzell Drive which forms the main avenue to Dalzell House will not be greatly affected.
0 4.0 CONCLUSIONS
4.1 This application proposes a facility which does not exist elsewhere in Motherwell and which could be widely used by the local community. Although the trees do form part of an existing T.P.O. around Dalzell Park a number are in a poor or damaged condition and require to be removed or need treatment. It is my opinion, that the creation of this unique facility, which will benefit a large part of the community, outweighs the loss of the trees and I recommend that planning permission should be granted. Application No. S/97/0028 1/OUT Date registered 9 May 1997 APPLICANT MR McKTNDLESS, 101 MAIN STREET, BOGSIDE, WISHAW Agent Montagu Evans, 43 Melville Street, Edinburgh EH3 7JF DEVELOPMENT ERECTION OF DWELLINGHOUSE LOCATION 101 MAIN STREET, BOGSIDE, NEWMAINS
Ward No. 16 Grid Reference 282700 - 654600
File Reference S/PL/B/3/8 2 (2 O)/JL/KW
Site History Planning Consent was granted in October 1994 for Erection of Workshop, Store and Diesel Tank, Portal00 and Offices (Ref. No. 216/94).
@ Development Plan Greenbelt in Finalised Wishaw Local Plan
Contrary to Development Plan Yes
CONSULTATIONS
Objection No Objection NLC Environmental Services Conditions The Coal Authority, West of Scotland Water Authority, Scottish Environmental Protection Agency No Reply
REPRESENTATIONS
Neighbours No Response Newspaper a Advertisement No Response COMMENTS The applicant seeks outline planning consent for the construction of a dwellinghouse (for security purposes) at land adjacent to his bus depot premises at Main Street, Bogside, Wishaw. Although the site is zoned Greenbelt in the Finalised Wishaw Local Plan, Mr McKindless has an established business at this location and, as a result of its’ remoteness, has a security problem. A dwellinghouse, erected in close proximity to the site, will hopefully reduce, if not eradicate, vandalism and theft. The applicant has agreed to enter into a Section 75 Agreement linking the dwellinghouse to the business, thereby preventing any future sublvision of the site. I therefore recommend that planning consent is granted subject to conditions and the conclusion of a Section 75 Agreement.
RECOMMENDATION
Grant, subject to the following conditions:-
(1) That before developnient starts a \vrittcii application and plans. in respect of the folio\\ ing reserved matters. shall be submitted to. and approved b!,. the Planning Authorit! -
(a) the siting, design and external appearancc of all buildings and other structures:
(b) the means of access to the site:
(c) the layout of the site. including all roads. footnqx and parking areas:
(d) tlie design and location of all boundan. walls and fences:
(e) the provision of drainage works, and
(0 the disposal of sewage.
Reason: The approval is in principle onl!.
(2) That the developnient hereb? peniiittcd shall be started. either U ithin five ears of tlie date of this @ permission. or nitliin tno !ears of the date on nliicli tlie last of the resen ed mattcrs arc approved. rvhichever IS the latcr
Reason To accord with tlie provisions of tlic To\\n and Countn Plannlng (Scotland) Act 1997
(3) That within three !.ears of the date of this permission. an application for approval of the resen ed matters. specified 111 condition ( 1) above. shall be madc to the Planning Authorit\
Reason: To accord with the provisions of the Town and Countn. Planning (Scotland) Act 1007
(4) That no trees within tlie application site shall be lopped. topped. felled. or othenvise affected. without tlie prior written consent of the Planning Authorit!’
Reason: To safeguard the amenit!. of the area.
(5) That before the dwellinghousc Iicrcb!. pcrmittcd IS occupied 2 car parking spaccs shall bc provided within the curtilage of tlic plot and out\vitli the p~iblicroad or foot\\a!
Reason: To ensure tlie proiwon of adcquatc parking facilities \vitIiin the site
(6) That before the dwellinghousc hcrcb! pcmiitted is occupied a turning facilit! shall be provided within the curtilage of the site to allow vehicles to enter and leave tlie site in fon\ard gcar
Reason: In the interests of public safet!
(7) That before tlie dnellinghouse limb! pcmiittcd is occupied. the first 2 mztres of the pri\ atc vehicular access. or drivena!. bc!ond the limit of the adjoining road. shall be finished in a suitable hard. sealed surface
Reason: To prevent deleterious material being carried onto the road.
(8) That before the developnient starts. a certificate from a recognised fimi of chartered engineers. shall be submitted to tlie Planning Authorit!. coiifimiing the mineral stabilit! of tlie site Reason: To ensure the mineral stability of the area.
(9) That a visibility splay of 4.5 metres by 225 metres, measured from the road channel, shall be provided on both sides of the vehicular access insofar as is achievable within the confines of the application site and before the development hereby permitted is completed, or brought into use, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.
Reason: In the interests of public safety.
(10) That before the dwellinghouse hereby permitted is occupied, the existing site entrance to the A73 shall be improved by means of introducing a 7.3m wide access with 10.5 m radii vehicular type junction to the satisfaction of the Planning Authority.
Reason: In the interests of road safety.
@ (1 1) That before development starts, a report, from a professionally qualified source, 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 it is certified by a professionally qualified source that these works have been completed.
Reason: To ensure the site is free of contamination.
NOTES TO COMMITTEE
(1) The applicant has agreed to enter into an agreement under the terms of Section 75 of the Town and Country Planning (Scotland) Act 1997 in respect of linking the dwellinghouse to the business, thereby preventing any fbture subdivision of the planning unit - business and dwelling. The planning consent should not be issued until these matters have been concluded
List of Background Papers
Application Form and Plan dated 9/5/97. Letters dated 28/5/97, 17/6/97 and 20/6/97 from Agent. Finalised Wishaw Local Plan. Consultative Draft Motherwell Local Plan. Memo dated 27/5/97 from Environmental Services. Letter dated 20/5/97 from The Coal Authority. Letter dated 19/5/97 from West of Scotland Water. Letter dated 10/6/97 from Scottish Environment Protection Agency
Any person wishing to inspect the above background papers should telephone Motherwell 302 125 and ask for Mr J Lennon. Application No. S/97/00285/FUL Date registered 13 May 1997 APPLICANT MR & MRS HUNTER, WEST TARBRAX FARM, SHOTTS Agent Mr. J. Robertson, 54 Carnwath Road, Forth. DEVELOPMENT CONSTRUCTION OF DWELLINGHOUSE LOCATION WEST TARBRAX FARM, SHOTTS
Ward No. 17 Grid Reference 288656 - 658666
File Reference S/PL/B/l7/59(53)/CLWAB
Site History No significant hstory
Development Plan Identified as Rural Area in Adopted Shotts Local Plan and Draft 0 Motherwell District Local Plan Contrary to Development Plan Yes - Potential Departure
CONSULTATIONS
Objection No Objection West of Scotland Water Authority SEPA Conditions No Reply
REPRESENTATIONS
Neighbours No Response Newspaper Advertisement No Response
COMMENTS The applicant wishes to build a house to be occupied by someone involved in the working of the farm. This would be in addition to the existing farmhouse. The need for such a house has been confirmed by a report produced on behalf of the applicant by the Scottish Agricultural College.
The property is in a prominent location, but it is of a suitable design and it will be integrated into the landscape and other farm buildings with the help of a tree planting scheme.
Access will be shared with the existing farmhouse and farmbuildings. Whilst this does not meet current highways standards, the applicant has agreed to carry out some improvements to the access point. In any case; the alternative means of access would involve new access points from either Burnbrae Road or the A7 1 and I would find these unacceptable.
The applicant has agreed to entering into a ‘Section 75’ Agreement, and this will tie the use of the house and the farm together, and will prevent the farm from being sub-divided. Any consent would not be issued until such an agreement was concluded.
Given the above factors, I believe that the proposal meets the terms of local plan policy for new houses in rural areas and I recommend that permission is granted subject to the above noted agreement and to the undernoted conditions.
RECOMMENDATION Grant, subject to the following conditions:-
(1) That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
(2) That before development 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 by, the Planning Authority.
Reason: These details have not been submitted.
(3) That before development starts, full details and/or samples of the facing materials to be used on all external walls and roofs shall be submitted to, and approved by, the Planning Authority.
Reason: These details have not been submitted.
(4) That notwithstanding the generality of condition (3) above, the rooftiles shall be a dark shade of grey, red or brown.
Reason: In order to integrate the house into its surroundings in a satisfactory manner.
(5) That before development starts, a scheme of landscaping, for the area hatched YELLOW on * the approved plans, shall be submitted to, and approved 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 planting, incorporating details of the number, variety and size of trees to be planted;
(c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development, and
(d) details of the phasing of these works.
Reason: In the interests of the visual amenity of the area and to ensure the proper integration of the house into its surroundings. (6) That prior to the occupation of the dwellinghouse hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition (5) above, shall be completed; and any trees, shrubs or areas of grass which die, are removed, damaged, or become diseased, within 5 years shall be replaced in the next planting season with others of a similar size and species.
Reason: In the interests of amenity.
(7) That the occupation of the dwellinghouse hereby permitted shall be limited to a person employed full time locally in agriculture, as defined in Section 277 of the Town and Country Planning (Scotland) Act 1997, or forestry, or a dependant of such a person, residing with him, or her, or the widow or widower, of such a person.
Reason: In accordance with the approved Local Plan policy.
(8) That the land which constitutes the agricultural unit associated with the dwellinghouse hereby approved as delineated RED on approved plans, shall not be sub-divided, and shall not be separated from the said house, by lease, sale or by any other means.
Reason: To ensure that the house remains associated with the agricultural unit in accordance with the approved Local Plan policy.
(9) That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no development shall take place within the curtilage of the dwellinghouse hereby permitted, other than that expressly authorised by this permission, without the prior written consent of the Planning Authority.
Reason: To enable the Planning Authority to retain effective control over future development on the site in the interests of residential amenity.
(10) That prior to the dwellinghouse hereby approved being occupied, the existing vehicular access to West Tarbrax Farm shall be improved with the provision of sightlines of 4.5m x ‘distance to tangent point of Burnbrae Road’ and 4.5m x ‘distance to the junction with the A7 1’ to the south and nothing exceeding 1.Om in height shall be placed, planted, or allowed to grow within these sightline areas.
Reason: In the interests of road safety.
(1 1) That prior to the dwellinghouse hereby approved being occupied, at least two parking spaces and a turning area shall be provided within the application site to the satisfaction of the Planning Authority.
Reason: In the interests of road safety. NOTES TO COMMITTEE
(1) The applicant has agreed to enter into an agreement in terms of Section 75 of the Town and Country Planning (Scotland) Act 1997 in respect of linking the dwellinghouse to the agricultural unit and preventing the future sub division of the farm unit. Planning permission will not be issued until these matters have been concluded.
List of Background Papers
Application and plans dated 13/5/97 Shotts Local Plan Draft Motherwell District Local Plan Report form Scottish Agricultural College Letter from West of Scotland Water Authority dated 30th May 1997 Letter from SEPA dated 16th July 1997
Any person wishing to inspect the above background papers should telephone Motherwell 302102 and ask for Mr Kellock. Application No. S/97/00287/FUL Date registered 13 May 1997 APPLICANT BRITISH STEEL PLC, RAVENSCRAIG WORKS, MOTHERWELL Agent Aspinwall & Company Ltd., Walford Manor, Baschurch, Shrewsbury DEVELOPMENT EMPLACEMENT OF FILL IN FORMER SLAG BEDS LAGOONS, DISCHARGE OF OVERLYING WATERS AND REPROFILING OF EMBANKMENTS AND ADJOINING STOCKPILES LOCATION RAVENSCRAIG WORKS, MOTHERWELL
Ward No. 6 Grid Reference 277400657650
File Reference S/PL/l3/5/3(27)/LB/AB
Site History The closure of the steelworks in 1992 resulted in the preparation of a waste management strategy for the site. In March 1996 planning consent a was granted by Motherwell District Council for the formation of a secure containment facility on the site (Ref M/5/94). In May 1997 planning consent was granted for construction of groundwater cut-off wall and facilities for the treatment of contaminated waters (Ref S/96/00722/FUL)
Development Plan Zoned as former steel site on Consultative Draft Motherwell District Local Plan
Contrary to Development Plan No
CONSULTATIONS
Objection No Objection SEPA Health & Safety Executive British Gas Transco I. Conditions Railtrack NLC Construction Services NLC Leisure Services NLC Environmental Services No Reply
REPRESENTATIONS
Neighbours None Newspaper Advertisement Not Required
COMMENTS This application seeks consent to dill the former blast furnace slag beds at Ravenscraig as part of the overall post-closure remediation programme. The slag beds are located in the north east corner of the Ravenscraig works area. Infill material is to come from on-site sources. One of the main reasons for this proposal is to remedy a safety hazard and
environmental liabilities associated with these large steep sided areas of water. RECOMMENDATION Grant, sub.ject to the following conditions:-
(I) That the development hereby permitted shall be started within five !cars of the date of this permission.
Reason: To accord with the provisions of the Town and Countn Planning (Scotland) Act 1097
(2) That noise levels emanating from the site operations shall not cause a noise nuisance at an! occupied noise sensitive propert!'.
Reason: In the interests of amenity.
(3) That the best practicable means shall be used to ensure that all operatioiis carried out are controlled in such a manner as to prevent emissions of dust be!.oiid the site boundaries
Reason: In the interests of amenit!,
List of Background Papers
Application Form and Plans Supporting statement Letters dated 9 July 1997 and 28 July 1997 from Aspinwall & CO Consultative Draft Motherwell District Local Plan Letter dated 15 Jul!. 1997 from SEPA Letter dated 17 July 1997 from Railtrack 0 Letter dated 10 June 1997 from HSE Memo dated 7 July 1997 from NLC Construction Services Memos dated 12 and 18 June 1997 from NLC Leisure Services Letter dated 15 Jul!. 1997 from TransCo Memo dated 30 Jul!. 1997 from NLC Environmcntal Services
Any person wishing to inspect the above background papers shoitld telephone Mothen\ell 302 127 and ask for Lorna Bon7den. APPLICATION NO. S/97/00287/FUL
REPORT
I .o SITE AND PROPOSAL
1.1 This application refers to the fonner blast funiace slag beds which are located in the north-east corner of the Ravenscraig Works area. The slag beds, together with surrounding embanknients. occupy an area of approsimatel!. 6 ha.
1.2 The slag beds currently form 2 largc. stcep sided basins that contain water to a depth of 2 to 4 5 metres. During operation of the steelworks. blast furnace slag \vas tipped into these lagoons for quenching and cooling purposes. and accumulating matcrial was then periodicall!. removed from the beds. The quality of the water in the beds has improved since the plant closed. ho\\ever. aqueous sulphate levels in particular remain elevated.
The proposal IS to place fill material. imported from on-site sources into the beds \vhich \\ill have been dewatered in advance by pumped discharge The restoration \\ orks U 111 include re-profiling and lowering of the steep embankment to the east and north of the beds. and of the stockpile of blast furnace slag lying to the north
1.4 The required 156 000 m3 of fill material will come from a number of on-site sources. namel!
1. Concrete rubble from site demolition \vorks (stored in Site Clearance Area) 2. Overburden from former railwa!, sidings. 3. Re-profiling of ground south-west of slag beds. 4. East and north embankment. 5. Stockpile of weathered blast fiiniace slag
2.0 METHOD OF INFILLING
2.1 Prior to infilling the slag beds \vi11 be denpatered gradually b!. pumped discharge. Advance dewatering will facilitate the infilling earthworks opcration and avoid the water qualit!. problems of high suspended solids levels associated ivith tipping into \vater. The submersible pump will be housed in a brick structure and \vi11 operate 24 hours a day. The waters will be discharged into the South Calder Water under a temporan- discharge consent \vhich has been issued b!. SEPA
2.2 The base layer of fill in each slag bed will be fonned b!. coarse concrete nibble. This \\,ill give a firm platform on which more granular material \vi11 be deposited and \vi11 help to minimise long- term settlement, The granular material used for infilling nil1 be conipacted sufficientl!, to limit hture settlement whilst maintaining good pemieability of the fill.
2.3 Infilling will commence at the southern end of the eastern slag bed and will proceed northwards by end-tipping in stages. Each tipping phase \vi11 consist of coarse concrete at the base. overlain by rail sidings overburden material to establish a suitable surface on which plant can move. Once these la!.ers have been completed for the entire eastem bed, material \vi11 be escacated from the eastern and northern embaiknent and deposited across the bed. This \\,ill result in progressive removal of the embankment. 2.4 The nestem slag bed will be infilled in a siinilar nianncr. comniencing from the iiortheni cnd Following infilling up to tlie level of the anticipated niaximiini seasonal water table. \yeathered blast fbmace slag from the stockpile will be placed and compacted to a depth of at least 1 metre
2.5 Final restoration of the area will include re-profiling of tlie remaining western slag bed banks and regrading of the haul route area between tlie stockpile of blast furnace slag and the infilled slag beds.
3.0 PROGRAMME
3.I The duration of the earthworks opcration to infill thc slag beds IS anticipated to be bet\\een three and five months. Subject to obtaining planning consent. the works would conunence in late autumn/earl\. winter 1997 for completion in Spring 1998.
4.0 OBJECTIVES
4.1 The overall objectives of the remcdiatioii schciiic arc stated as:-
(i) to remove tlie safety hazard and environnicntal liabilities associated \vith these large. steep- sided water bodies:
(ii) to raise the ground level above the groundwater table to prevent the formation of water bodies and minimise fbturc development constraints:
(iii) to maintain acceptable water quality discharge to the South Calder Water. in particular managing the loading of sulphate. sulphite and sulphide:
(iv) to maintain adequate drainage of the area and avoid disruption to the local ground\\ ater flow regime.
5.0 CONSULTATIONS
5.1 The Health and Safety Executive state that there are no strong reasons on health and safet!. grounds for advising against the granting of planning permission in this case. Houwer. the! do advise that British Gas TransCo should be coiisulted because of tlie prosirnit!. of the development to the gas pipelinc.
5.2 British Gas TransCo have made no advcrsc comments on thc proposal
5.3 NLC Leisure Services had no coinments in tenns of landscaping. ho\vever from a conservation viewpoint the lagoons do contain sufficient alga to pennit tadpoles (probably Common Toad Buto) and sticklebacks, which attract a variety of birds to the site. For this reason it was suggested that the lagoons be dredged to allo~collection of these species ~liicl.1could then be translocated. It was also requested that because some of tlie areas of slag contain some interesting plant species that some discrete areas should be left as these would be of conservation value.
5.4 NLC Environmental Services have no objections to the proposal subject to steps being taken to reduce any possible noise and dust nuisancc which the \\arks nu! cause 5.5 SEPA have stated that the!. have granted consent to the proposed \vater discharge subject to appropriate quality conditions and a niasiniuni rate of discharge of 17 litres per second The! do not expect the proposed infill or water discharge to give rise to an! environniental damage
5.6 NLC Construction Services have no objections to the proposal. however. they do point out that the infilled lagoons may require further special prccautions bcfore any structure or building ma! be placed on the infill due to the degree of compaction applicd to the fill and possibl! c\pansion potential of the fill.
6.0 OBSERVATIONS
6. I The comments from Leisure Services were put to the developers agents who have pointed out that it will not be practical to dredge the ponds because this is likely to stir up sediment and create suspended solids in the water Such disturbance \\odd risk breach of the discharge consent. which would be unacceptable to SEPA. There n odd also be unacceptable safet! risks 0 associated with both dredging and netting activities on thcsc stccp-sided ponds 6.2 The landscape proposals for the site have been approved b!. the landscaping team and it \\ould not be acceptable in terms of the redevelopment of the site to leave areas of slag in this biciiiit!
6.3 In planning temis this proposal represents another stage in the progranuiie of remediation \\arks for the decontamination of the Ravcnscraig site The cnginccring solution to the problem of the slag beds lagoons appears to be sound and fiilfils the rcquiremeiits of SEPA. in light of thcsc points. I recommend that planning permission is grantcd Application No. S/97/00304/FUL Date registered 21 May 1997 APPLICANT BOTTERILL'S CONVENIENCE STORES, BLOCK 9, SOUTH AVENUE, BLANTYRE INDUSTRIAL ESTATE, BLANTYRE Agent Ian Keachie, 72 North Orchard Street, Motherwell ML1 3JL DEVELOPMENT ALTERATIONS TO SHOPFRONT AND PART CHANGE OF USE OF SHOP TO HOT FOOD TAKE AWAY LOCATION 114 MANSE ROAD, NEWMAINS, WISHAW ML2
Ward No. 16 Grid Reference 282 100-655966
File Reference S/PL/B/3/70( 114)DMcFKW
Site History Consent No. 19/83 change of use of upper premises to snooker hall and room granted 6 April 1983. Consent No. 68/88 installation of shop front, sub-division of sinal1 unit and separation from upper floor granted 14th April 1988.
Development Plan Area of mixed land uses on the Finalised Wisliaw Local Plan. Zoned as a village and neighbourhood shopping area on the Consultative Draft Motherwell District Local Plan.
Contrary to Development Plan No
CONSULTATIONS
Objection No Objection Conditions Director of Environmental Services No Reply
REPRESENTATIONS
Neighbours No Response Newspaper Advertisement One Letter of objection countersigned by 3 signatories
COMMENTS The proposal involves the internal rationalisation of the existing shop to create more floor space, the installation of a new frontage and the conversion of part of the shop to hot food carry out facilities. The intended hours of operation would be as existing i.e. 08.00 - 22.00 hours. No parking is specifically available to serve the proposal apart from the existing on street facilities. Whilst not an ideal arrangement, the site lies within the existing village shopping centre and there are no parking restrictions outside the premises. One letter of objection has been received from a local trader, counter signed by 3 other traders. Their objection relates to the number of existing hot food facilities which already exist within the area and that one more would weaken their own trading
position. Whilst it is true that there are a large number of such facilities in the area, trade objections are not a valid planning consideration. I therefore consider that the proposed new frontage, internal upgrading and hot food takeaway facility are a welcome investment which will broaden the available facilities in the area. I therefore recommend that planning permission be granted.
RECOMMENDATION
Grant, subject to the following conditions:-
(1) That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
(2) That before development starts, full details andor samples of the facing materials to be used on e all external walls shall be submitted to, and approved by, the Planning Authority.
Reason: These details have not been submitted.
(3) That as part of the development hereby permitted, a litter bin for use by the public shall be provided outwith the premises and that it shall be emptied and removed at the end of each working day to the satisfaction of the Planning Authority.
Reason: To safeguard the amenity of the area.
(4) That before the development hereby permitted is brought into use, details of facilities for the storage of refuse shall be submitted approved and fully implemented to the satisfaction of the Planning Authority.
Reason: To safeguard the amenity of the area. e List of Background Papers
Application form and plans dated 2 1.5.97. Finalised Wishaw Local Plan. Consultative Draft Motherwell District Local Plan. Memo dated 4th June 1997 from Director of Environmental Services. Memo dated 12th June 1997 from Head of Protective Services. Letter dated 6th June 1997 from Cafe Marco (Anthony Kaba), 136F Manse Road, Newmains, Wishaw ML2 9BT
Any person wishing to inspect the above background papers should telephone Motherwell 302125 and ask for David McFarlane. Application No. S/97/00323/FUL Date registered 2 June 1997 APPLICANT MR M HUSSAIN, 118-120 NORTH ROAD, BELLSHILL Agent Mr G Robertson, 36 Catherine Street, Motherwell DEVELOPMENT CHANGE OF USE FROM SHOP TO HOT FOOD TAKE AWAY LOCATION 122 NORTH ROAD, BELLSHILL
Ward No. 30 Grid Reference 273239-660868
File Reference
Site History May 1995: Amendment to previous consent granted (Alterations to vacant unit and extension of roof space) December 1994: Permission granted for conversion of roofspace over supermarket to form two flats December 1993: Permission granted for alteration to roof to form pitched roof November 1987: Permission granted for frontage alterations to, and extension of licensed grocer’s shop
Development Plan Bellshill & Mossend Local Plan - Policy H2 (Housing) Motherwell District Local Plan, Consultative Draft - No change to above policy, and policy RTL 11
Contrary to Development Plan No
CONSULTATIONS
Objection No Objection Conditions NLC Environmental Services No Reply
REPRESENTATIONS
Neighbours One letter of objection Newspaper Advertisement Petition with 76 signatures and 12 letters of objection
COMMENTS The applicant seeks planning permission for the change of use of a shop, presently vacant, to a hot food take away. The property is located at North Road, Bellshill within a residential area. The only non-residential use in the vicinity is the applicant’s mini-market/post office store. A 76 signature petition objecting to the proposed development has been submitted together with 13 individual letters of objection (only five of those submitting individual letters had not signed the petition). The Local Member has also objected to the proposal. The proposed development raises a number of issues. These are discussed and assessed in the attached report.
RECOMMENDATION Refuse, on the following grounds:-
(1) by reason of late opening hours and increased noise and odours, the development would be detrimental to the character and amenity of adjoining residents: and
(2) through increased levels of vehicular parking in the vicinity of the site, the development would be to the detriment of road safety.
List of Background Papers
Application form and plans, dated 2/6/97 0 Letter from applicant, dated 27/6/97 Bellshill and Mossend Local Plan Motherwell District Local Plan, Consultative Draft Memo from Director of Environmental Services, dated 23/6/97 Petition from Mr Brown, 126 North Road, Bellshill dated 13/6/97 with 76 signatures Letter from Mr & Mrs F McShane, 17 Croftpark Street, Bellshill dated 6/6/97 Letter from Mr & Mrs Brown, 126 North Road, Bellshill dated 4/6/97 Letter from Mr & Mrs Love, 13 Croftpark Street, Bellshill dated 11/6/97 Letter from Mr W Matthew, 7 Croftpark Street, Bellshill dated 11/6/97 Letter from Mr McPheat, 28 Croftpark Street, Bellshill dated 12/6/97 Letter from Mr McCaskie, 132 North Road, Bellshill dated 14/6/97 Letter from Mr Jackson, 15 Croftpark Street, Bellshill dated 13/6/97 Letter from Mr McNeill, 19 Croftpark Street, Bellshill dated 12/6/97 Letter from Mrs Milligan, 124 North Road, Bellshill dated 12/6/97 Letter from Ms McPhee, 6 Airlie Drive, Bellshill dated 18/6/97 Letter from Mrs Collins, 4 Rowanden Avenue, Bellshill dated 12/6/97 Letter from Mr Lee, 128 North Road, Bellshill dated 22/6/97 Letter from Councillor H Curran c/o Civic Centre, Motherwell dated 8/7/97
Any person wishing to inspect the above background papers should telephone Motherwell 302090 and ask for David Ashman. APPLICATION NO. S/97/00323/FUL
REPORT
1. APPLICATION AND SITE
1.1 The applicant seeks planning permission to change tlic use of a former shop to a hot food take away. The shop would operate 5 pni to 1 1 pm. 7 dajs a wck. and would sell fish and chips. kebabs. pizzas. curries and sandwiches.
1.2 The building within which the shop would be accommodated is single store? and ivithin the past two years. has undergone improvements including the construction of an apex roof The shop unit has. nevertheless. been vacant during this time.
1.3 The shop unit is surrounded b!. residences: with the exception of the applicant’s existing mini- market/post office business. The nearest other conuiiercial concern is 90 metres closer to the town centre of Bellshill. There is a bus stop to the front of the building.
2. CONSULTATIONS
2. I The Council’s Director of Environmental Services has expressed concern that an! ventilation system must be suitable for the purpose and not cause nuisance to adjacent households
3. OBJECTIONS/REPRESENTATIONS
3.1 A petition containing 76 signatures (from 53 diffcrent addresses) has been rcceii ed .4 fiirthcr I3 letters from individuals have also been received although 8 of these individuals have also signed the petition All persons making representations object to the proposed development for di\ crsc reasons. although these nia!. be grouped as follo~vs.VIZ -
(a) Noise - generated b!. patrons and their vehicles: (b) Traffic congestion - due to increased traffic levels and parking, particularly due to the proximity of a “T”junction and a bus stop. (c) Litter - expected to increase due to patrons. (d) Odours - liable to be generated due to the nature of the food to be cooked. (e) General amenit!. - liable to be compromised as it is a iiiainl!. residential area. due to all of the above points and the likel!. hours of operation.
3.2 Residents generally refer to the above problems as existing and anticipate that these \\ill onl! be exacerbated.
3.3 Other matters were raised. such as commercial competition, likel!, impact on propert!’ values. health concerns and anti-social behaviour. These are either irrelevant or non-material considerations. 4. LOCAL PLAN ISSUES
4.1 The Bellshill and Mossend Local Plan includes the application site within an area covered b! Policy H2, which states that within established residential areas. development control policy will ensure that the residential character is maintained.
4.2 While the Motherwell District Local Plan (Consultative Draft) anticipates no change to this zoning, there is a specific policy. RTL 11, for assessing applications for bad neighbour developments such as the one currently proposed. This states that these types of development will only be acceptable in town centre areas, village and neighbourhood shopping centres and shall take into consideration, amongst other things:-
(a) impact of the proposal on the character and amenity of ad-joiningproperties and the surrounding shopping environment:
(b) the provisions made for vehicular access. parking. and the proposals impact on pedestrian safet!. and traffic circulation.
The Policy lists other criteria not relevant to this application. The Polic! does. ho\\cver. also state that.
“Bad neighbour commercial development will not generally be peniiitted belo\\. or adlacclit to residential properties”.
5. ASSESSMENT
5.1 Proposals for hot food take aways nearly always generate objections, particularl!. where the application site is adjacent to: or located within a residential area. The ob-jections are usuall!, also similar to those received in respect of this application. These objections and the merits of the proposal have to be assessed against the development plan \vhich in this case. is most accurately represented b!. the aforementioned local plans.
5.2 Increased noise levels are a material consideration, particularl!, as the!, are likel!. to be noticeable e late at night, beyond the current opening hours of the existing mini-market (i.e. be!,ond 8 pm). They could compromise the amenit!. of adjacent residents.
5.3 Traffic congestion is currentl!. experienced at this site, on the basis of observations carried out during consideration of the application. There is no off street parking facilit!. with an adequate turning facilit!.. Cars and delivcc’ veliiclcs all park adjacent to the propert!’ \\:hich docs caiisc some congestion. This congestion is hazardous due to the location of the bus stop adlacznt to thc property and the “T” junction fornied b!. Rowanden Avenue and North Road. BUXS have been observed having to double park, blocking one side of North Road and leading to dangerous manoeuvres by other vehicles. The nature of hot food take away customers is that. in addition to walk-in custom, short tenn parking is also generated. This jvould clearl!, exacerbate an existing traffic hazard.
5.4 Litter would possibly be generated as a result of the proposed development. although it \vould be unfair to hold the applicant responsible. in advance. for this problem. 5.5 Hot food take aways also tend to generate odours. although the worst effects of this ma! be mitigated by extraction in accordance lvith Environmcntal Services regulations Ne1 crthelcss. a residue is often noticeable which IS not appropriate in a residential area
5.6 However, it is in terms of overall amenitj. that the applicant’s proposed development has to be assessed. The application site is within a residential area and, due to the fact that the business would operate until I1 pm, problems associated with noise and smell, in particular. over and above those already existing, would be experienced, particularly by those inimediatel?,adjacent to the application site. With respect to local plan policy? such a proposal \\rould cause injuc, to residential amenity, thus adversely affecting the character and amenity of adjoining residents and property. Furthermore, due to the road geometn in the vicinity of the application site. traffic parking and manoeuvring problems are only likely to be exacerbated, which would be to the detriment of road safety.
5.7 In summary. I do not consider that the proposed development has sufficient merit to recommend departure from the local plan polic!. of not permitting bad neighbour commercial developments of this nature ad-jacentto residential properties. I therefore recommend that plaimng permission be rehsed. Application No. s/97/0033 l/FUL Date registered 10 June 1997 APPLICANT SOMERFIELD HOUSE, WHITCHURCH LANE, BRISTOL BS14 OTJ Agent PDA Group Ltd., 2 Cessex Road, High Wycombe, Bucks HP12 4TY DEVELOPMENT EXTENSION TO CAR PARK LOCATION 275/277 MAIN STREET, BELLSHILL
Ward No. 30 Grid Reference 273533-660444
File Reference S/PL/B/7/44/(63) /AR/AB
Site History No significant site history
Development Plan Retail Area, Bellshill and Mossend Local Plan Town Centre Areas, Motherwell Consultative Draft Local Plan
Contrary to Development Plan No
CONSULTATIONS
Objection No Objection Conditions No Reply
REPRESENTATIONS
Neighbours Five objections Newspaper Advertisement Not Required
COMMENTS The applicant seeks planning permission to create eight additional car a parking bays within an area currently used as a turning area for lorries adjacent to the goods entrance. Five representations have been received. I will outline my comments on these, and the application in the accompanying report. It is recommended that permission be refused.
RECOMMENDATION
Refuse on the grounds that the proposed provision of public car parking spaces within the goods vehicle delivery area of the supermarket would result in conflict between customers and commercial vehicles to the detriment of customers’ safety in particular and road safety in general.
List of Background Papers
Application form, dated 10.6.97 and plans Bellshill and Mossend Local Plan Motherwell Consultative Draft Plan Letter from Sharon Smith, 18 Emma Jay Road, Bellshill received 27.6.97 Letter from M Barge, 18 Emma Jay Road, Bellshill received 27.6.97 Letter from L Carty, 10A Emma Jay Road, Bellshill received 30.6.97 Letter from Robert Ray, 10B Emma Jay Road, Bellshill received 1.7.97 Letter from Mary Denholm, 10B Emma Jay Road, Bellshill received 1.7.97
Any person wishing to inspect the above background papers should telephone Motherwell 302099 and ask for Allison Russell. APPLICATION NO. S/PL/OO331/FUL
REPORT
1. SITE AND PROPOSAL
1.1 The application site is the Somerfield supermarket on Main Street, Bellshill. The applicant wishes to remove the existing goods vehicle turning bay, at the rear of the store, and replace it with eight additional customer car parking bays.
1.2 The site is surrounded by a mix of residential, retail and industrial premises.
1.3 Currently there are thirty five parking bays adjacent to the supermarket, and to the north a council owned car park can accommodate forty seven vehicles.
1.4 Unquestionably, there is a problem with on-street parking on Emma Jay Road, and it should be noted that the northern section of the road is used as a taxi-stance with a considerable amount of vehicle manoeuvres.
2.0 REPRESENTATIONS
2.1 Three letters of objection have been received containing a total of five signatures, each expressing their concerns with regards to:
(a) Result in additional traffic on Emma Jay Road
Comment: It is arguable as to whether or not this proposal would result in increased traffic on Emma Jay Road.
(b) Problem of on-street car parking.
Comment: I acknowledge that there is a problem with on-street car parking at Emma Jay Road, however, this is not entirely specific to this application.
3.0 PLANNING ASSESSMENT
3.1 The proposed car parking extension will effectively remove the only commercial turning bay for the supermarket which receives at least one delivery per day from an articulated lorry and several deliveries from smaller goods vehicles throughout the day.
3.2 The removal of the turning bay will leave delivery drivers no alternative other than to reverse in or out of the goods entrance within the vicinity of Dennistoun Street / Emma Jay Road.
3.3 I have an additional concern which is that drivers approaching the proposed parking spaces will not be aware of parking availability at this area until they have driven into the car park. If the car park is at capacity then, they will have to manoeuvre into Dennistoun Street, potentially causing congestion and confusion. There is the added problem of lorries entering and exiting the industrial premises at Dennistoun Street. 3.4 The points which were raised by the neighbouring residents are valid for the wider environment and are, however, not specific to this application.
3.5 I have serious concerns for road safety with regards to this application.
4.0 CONCLUSION
4.1 I fully believe that this application has adverse impacts on the wider environment. The applicants may have tried to resolve the obvious problems of on-street parking and congestion with this application. I feel that these will not be resolved; the problem only increased. The proposal will create additional road safety problems and it is for this reason that I am recommending that the Planning Committee refuse consent on the grounds that there will be a detrimental effect on road safety in general and on the supermarket customers in particular. Application No. S/97/00349/AMEND Date registered 5 June 1997 APPLICANT MOHAMMED ASHRAF, 349-35 1 SHIELDS ROAD, MOTHERWELL Agent Ian Keachie, 72 North Orchard Street, Motherwell ML1 3JL DEVELOPMENT FORMATION OF 4 NO. FLATTED HOUSES OVER EXISTING SHOP (AMENDMENT TO 527/95 - CREATION OF 3 FLATS) LOCATION 349-35 1 SHIELDS ROAD, MOTHERWELL
Ward No. 12 Grid Reference 277050-655000
File Reference 11/6(122)/JL/AB
Site History Planning permission (Ref 96/00056/AMEND) granted March 1996 for extension to shop to form three flatted houses and alterations to shop front Planning permission (Ref 527/94) granted in April 1995 for extension to existing shop to form two dwellinghouses and ininor alterations to shop front Planning permission (Ref 273/91) rehsed in November 1994 for extension to existing shop to form hot food shop and store Planning permission (Ref 277/9 1) granted in August 1991 for alterations to shop front Planning permission (Ref 436/89) granted in December 1989 for extension to form video hire shop (not implemented) Planning permission (Ref 293/89) withdrawn in September 1989 for proposed hot food carry out shop Planning permission (Ref A/37/89) granted in January 1988 for erection of an externally illuminated projecting sign
Development Plan Unaffected by proposals in the Consultative Draft Motherwell Local Plan
Contrary to Development Plan No
0 CONSULTATIONS
Objection No Objection Conditions No Reply
REPRESENTATIONS
Neighbours No Response Newspaper Advertisement Not Required
COMMENTS The applicant seeks planning permission for four flats above an existing single storey shop at 349-35 1 Shields Road, Motherwell. Consent was previously granted in 1995 for two flats and amended in March 1996 for three units. It is now the applicant’s intention to build 4 flats above the shop covering the same area as the previous application granted in 1996. No
letters of oblection have been received opposing the development and I ha\ L' no concerns recommending that planning consent is granted for this fiirthcr increase
RECOMMENDATION Grant, subject to the following conditions:-
(1) That the development hereb!. permitted shall be started within five years of the date of this perniission.
Reason: To accord with the provisions of the Ton.n and Countn Plannlng (Scotland) Act 1997.
(2) That before development starts. full details and/or samples of the facing materials to bc used on all esternal walls and roofs shall be submitted to. and approved b! . the Planning Authorit\
Reason These details have not been submitted
(3) That before the development hereb! permitted is completed. or broiiglit into use. all thc parking and manoeuvring areas s1ion.n on the approved plans. shall be levelled. properl! drained. surfaced in a material nhich the Planning Authorit! has approved in \\ riting before the start of surfacing work and clearl!. marked out. and shall. tlicrcafter. be maintained as parking and manoeuvring areas
Reason: To ensure the provision of adequate parking facilities \\.ithin the site
(4) That before development starts. a scheme of landscaping shall be submitted to. and approved b! . the Planning Authorit!. and it sliall include:-
(a) details of an!. earth moulding and hard landscaping, grass seeding and turfing:
(b) a scheme of tree and shrub planting. incorporating details of tlic number. variety and size of trees and shrubs to be planted.
(c) details of the delineation of garden ground. and
(4 details of the phasing of these works
Reason: In the interests of the visual amenit!. of the area
(5) That prior to the completion of thc dcvclopmcnt hcrcb! 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 an! trees. shrubs or arcas of grass which die. are removed. damaged. or bccomc diseased. \\ ithin 2 !ears of the completion of the development. shall be replaced in the nest planting season nith others of a similar size and species
Reason: In the interests of amenit!.. (6) That before the development hereb!. pennittcd is coniplcted. or brought into use. tlic iiicans of vehicular and pedestrian access shall be constnictcd in accordance \\,it11 thc approvcd plans
Reason: To ensure satisfacton, vehicular and pedestrian access facilities to thc d\\clliiigs
List of Background Papers
Application and plans dated 5/6/97 Consultative Draft Mothenvell Local Plan
Any person wishing to inspect the above background papers should telephone Mothenvell 302 I42 and ask for Jim Lennon. Application No. S/97/00364/AMEND Date registered 16 June 1997 APPLICANT CHARLES GRANT, 43 KETHERS STREET, MOTHERWELL ML1 3HF Agent Hypostyle Architects, 26 Campbell Street, Hamilton ML3 6AS DEVELOPMENT ALTERATIONS TO CONSERVATORY (RETROSPECTIVE) LOCATION 43 KETHERS STREET, MOTHERWELL
Ward No. 1 Grid Reference 274149656868
File Reference S/PL/l3/ 13/23(485)/GMcWAB
Site History Planning consent granted to extend dwellinghouse in June 1986 (App No. 163/86). Planning consent granted for dormer extension and erection of e conservatory in February 1996 (App No. 95/00742/FUL) Planning consent granted for new pitched roof to garage (retrospective) in January 1997 (App No. S/96/00642/FUL)
Development Plan Area of no change (Consultative Draft) Motherwell District Local Plan
Contrary to Development Plan No
CONSULTATIONS
Objection No Objection Conditions No Reply 0 REPRESENTATIONS Neighbours Two letters of objection Newspaper Advertisement Not Required
COMMENTS This application seeks retrospective planning consent for alterations to a conservatory at 43 Kethers Street, Motherwell. Two letters of objection have been received from adjacent neighbours. For the reasons contained in my accompanying report it is recommended that planning permission is granted.
RECOMMENDATION Grant. Reproduced from Ordnance Survey wzth the DermiSSlOn Of the COntPOller Of H U S 0 Crown Copyright Reserved ALTERATIONS TO CONSERVATORY (RETROSPECTIVE) 1: 1250 LlCenCe NO 09041 L 43 KETHERS STREET North Lanarkshire Council k$ MOTHERWELL Date N 303 srandon Street. Motherwell nLi IRS 24/07/97 I (oi6w 251321 & LOCATION OF OBJECTORS List of Background Papers
Application form and accompan!ing plans submitted 16/6/97 (Consultative Draft) Mothenvell District Local Plan Letter dated 24/6/97 from Jolm and Frances Penny. 45 Kethers Street. Mothenvell Letter dated 24/6/97 from Frank and Bcssic Matlicrs. 47 Kcthers Street. Mothenvell
Any person \vishing to inspect the above background papers should tclcphonc Motlicn\ ell 302 128 and ask for Gwen McKillop. APPLICATION NO. S/97/00364/AM END
REPORT
1.0 SITE AND PROPOSAL
1.1 The application site is to tlic rear of the detached d\\dlinghouse at 43 Kethers Street. Motherwell. The property IS bounded by d\vcllinghouscs to tlic north. east and south To the west the property is bounded b!. a playing field.
1.2 The propert!. has been extended on three previous occasions. These extensions coinprise of dormers to the front and rear. a side extension incorporating a garage and kitchen/dining area and a new pitched roof over tlie side extension,
1.3 In Februan, 1996 planning perniission \\-asgranted for the erection of a conservaton to the rear of the dwellinghouse. During coilstructioli of this development the size of the conservator! \\as increased.
I .4 Originall! the side \\all of the proposed conservaton \\as to be 3 metres long and appro\imatel\ 3 6 metres high The gradient of the slopc of the rear gardcii lio\\cver \\as far grcatcr than shonn on the submitted plans and to raise the floor lcvcl of ~hcconservaton to that of the dnTellinghouse. more underbuildiiig \\‘as 1 eyuired than originall? shon n This has Icd to an increase in the overall height of the conservaton sidc \\all from 0 7 metres increasing to I metre. at its furthest point TIic length of the conscnaton has also incrcascd b\ 0 4 iiictrts
2.0 REPRESENTATIONS
2.1 Two letters of objection have been received in relation to this application based on the folio\\ uig grounds: -
(a) The general amenit! of the localit! \\odd be senousl! affected (b) It nould establish a precedent (c) It \yould be over-development (d) The proposal nould affect the value of properties in tlic area (e) The proposal nould ad\ud! affect the privac! of the rc;ir garden area of no 45 Kctliers Street (f) The proposal \\oiild caiisc significant ovcrsliaclo\\ ing and icduction of light to rooms at tlie rear of no 45 Kcthcrs Strcct (8) The height of the sidc \\:ill of the coliservaton could pro\c a danger to children pla! ing on the patio of no 45 Kcthcrs Strcct
3.0 OBSERVATIONS
3. I The conservaton IS to the rear of the d\\cllingliousc It IS bounded b! a pla! ing field to thc \\est and residential properties to thc iiortli. cast and south The closest d\\ cllinghousc to thc proposcd conservaton, \vould be no 45 Kctlicrs Strcct The proposal \\ould be approsimatel! 3 metres away and it is this elevation that has the most impact 3 2 The elevation of the side wall of the conservaton.. IS larger than originall> proposed Considerable underbuilding has bccn required \\hicl1 has Icd to an above average height of development It does not Iionwcr break the caves of the main bod! of the d\\cllingliousc and thus correlates to the original npprovcd plans. although not to scalc
3.3 Kethers Street is largel!, made up of a mis of detached and scini-detached 15'2 store! properties These properties arc set \\,ithin grounds \vliicli arc wcll proportioned and meet the Council's rear garden ground requirement of 60 in2. Due to a difference in ground levels bet\\.een Kctlicrs Street and the properties to it's west maii!. have stccpl!, sloping rear gardens Pemiitted development rights would allou. a number of these houses to estend, ho\\:ever due to thc gradient of this slope it is likel!. that an!' cstcnsion ivould escccd normall!. accepted design standards It would therefore seem unrcason;iblc in this case to preclude an cstension \\.hicl1 prestmes the basic design integrity leaving the caves of' the d\vcllingliousc unaltered and \\:hich is in line \\.it11 many other pennitted estcnsions in the nrcn.
3.4 Although the propert!. has been cstcndcd on thrcc previous occasions. it IS a detached propcrt! and the rear garden area nould still be \vel1 within the Council's requirement of 60 ni' It IS therefore considered that this proposal I\ ould not be overdevelopment
3.5 The objectors' concern that the developnicnt \\ould affect thc value of properties in the area IS noted This. however IS not a planning consideration
3 6 The side wall of the proposal contains no \\ indo\\s and it IS considered that the objectors' pnvac! would not be affected
3.7 The ob.jectors' properties arc located to tlic north \\,csl of the applicant's propcrt! The closcst dwellinghousc is approsimntcl!. 3 inctrcs ;i\\'a!' from the proposal. After carrying out thc British Research Establishnicnt's siinli~lit/dn~~liglittests. I ani satisfied that the proposal \\ould not caus~' any undue overshadoiving.
3.8 It is considered that the side \\all \\ould not cause a danger to children or an?one using the real garden of no 45 Kethers Street ;IS the cutciision IS subject to the requirements of a building warrant
0 4.0 CONCLUSIONS
4. I Whilst the concerns of the objectors are understandable. 1 ani of tlic opinion that this proposal will not alter the amenit! of the area to the estent that planning permission could reasonabl! be rehsed In light of this and ni! other comments. I recommend that planning pemiission bc granted Application No. S/97/00366/FUL Date registered 16 June 1997 APPLICANT SAFEWAY STORES PLC, 21 MELFORD ROAD, RIGHEAD INDUSTRIAL ESTATE, BELLSHILL ML4 3LR Agent Montagu Evans, 43 Melville Street, Edinburgh EH3 7JF DEVELOPMENT REDEVELOPMENT OF EXISTING PETROL FILLING STATION, INCLUDING KIOSK AND CAR WASH LOCATION SAFEWAY STORE, JOHN STREET, BELLSHILL
Ward No. 30 Grid Reference 273490660150
File Reference SPL/B/7/78/(82)/WLS/AB
Site History Permission granted for Petrol Filling Station, January 1987 Permission granted for car wash/jet wash, March 1990
@ Development Plan Commercial
Contrary to Development Plan No
CONSULTATIONS
Objection No Objection NLC Petroleum Officer West of Scotland Water NLC Environmental Services Strathclyde Fire Brigade Conditions No Reply SEPA
REPRESENTATIONS
Neighbours No Response Newspaper Advertisement No Response
COMMENTS This application is for the redevelopment of the Petrol Filling Station at the Safeway Store in John Street, Bellshill. The proposals involve the relocation and rearrangement of the pumps, with new access arrangements for the filling station and altered exit arrangements for the store’s car park. A new, larger kiosk will be provided, and a new car wash will be built adjacent to the kiosk. The entrance road from John Street will be slightly realigned, and some car parking spaces will be lost.
This proposal should improve the operation of the filling station, particularly the accessing and queuing arrangements, and no objections were received from any consultees. I therefore recommend that consent be granted.
RECOMMENDATION Grant, subject to the following conditions:-
That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997
That before development 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 by, the Planning Authority.
Reason: These details have not been submitted.
That before development starts, full details and/or samples of the facing materials to be used on all external walls and roofs shall be submitted to, and approved by, the Planning Authority.
Reason: These details have not been submitted.
That before development starts, a scheme of landscaping shall be submitted to, and approved 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 number, variety and size of trees and shrubs to be planted;
(c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development, and
(d) details of the phasing of these works.
Reason: In the interests of the visual amenity of the area.
That prior to the completion of 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 (4) above, shall be completed; and any trees, shrubs or areas of grass which die, are removed, damaged, or become diseased, within 5 years of the completion of the development, shall be replaced in the next planting season with others of a similar size and species.
Reason: In the interests of amenity.
That before the development hereby permitted is completed, or brought into use, everything exceeding 1.05 metres in height above road channel level shall be removed from the areas shaded BLUE and, thereafter, nothing exceeding 1.05 metres in height above the road channel level shall be planted, placed, erected, or allowed to grow, within the area shaded BLUE.
Reason: In the interests of public safety. Application No. S/97/00383/FUL Date registered 20 June 1997 APPLICANT MR D OATES, 82 CARFIN STREET, NEW STEVENSTON Agent DEVELOPMENT EXTENSION TO PUBLIC HOUSE TO FORM BEER CELLMSPIRIT STORE LOCATION RED LION PUBLIC HOUSE, 48 JERVISTON STREET, NEW STEVENSTON
Ward No. 5 Grid Reference 276137-659546
File Reference S/PL/5/25(45)/SP/JM
Site History No significant site history a Development Plan Northern Area Local Plan 1986, Mixed Use Policy, Draft Motherwell Local Plan 1995, Village Neighbourhood Shopping Area
Contrary to Development Plan No
CONSULTATIONS
Objection No Objection NLC Transportation Conditions No Reply
REPRESENTATIONS
Neighbours No Response Newspaper 0 Advertisement Not Required COMMENTS The applicant seeks planning permission for the construction of a beer cellar/spirit store to the rear of the Red Lion Public House, 48 Jerviston Street, New Stevenston. After consultation and neighbour notification no objections were received. The proposal is considered acceptable both in terms of land use and amenity. I recommend, therefore, that permission be granted subject to the undernoted conditions.
RECOMMENDATION
Grant, subject to the following conditions:-
(1) That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997
(2) That the facing materials to be used for the external walls and roof shall complement in colour and texture these of the existing adjoining property to the satisfaction of the Planning Authority.
Reason: In the interests of the visual amenity of the area.
List of Background Papers
Application form and accompanying plans registered 20/6/97 Northern Area Local Plan 1986 Draft Motherwell Local Plan 1995 Memo from NLC Transportation dated 4/7/97 Letter from West of Scotland Water dated 17/7/97
Any person wishing to inspect the above background papers should telephone Motherwell 302098 and ask for Miss Penman. S/97/00383/FUL
REPORT
1.0 DESCRIPTION OF SITE AND PROPOSAL
1.1 The application site is to the rear of the Red Lion Public House which is located at the corner of Jerviston Street and Clydesdale Street, New Stevenston. The site is well screened by existing fencing on the mutual boundary with the property 50 Jerviston Street and will not be visible from Clydesdale Street by virtue of the public house’s corner location. Consequently the proposed extension will have very little visual impact on the amenity of the local street scene.
1.2 The site is bounded to the south and west by a mixture of residential and retail/commercial property.
1.3 The applicant proposes to construct a beer cellarhpirit store with a floor area of approximately 0 38m2to replace a smaller existing beer cellar. 2.0 DEVELOPMENT PLAN
2.1 The proposal is in accordance with the policies contained in the Northern Area Local Plan 1988 and the Draft Motherwell Local Plan 1995 which cover the area.
3.0 CONCLUSIONS AND REPRESENTATIONS
3.1 No objections were received after consultations and neighbour notification had been undertaken.
4.0 PLANNING ASSESSMENT AND CONCLUSIONS
4.1 The proposed extension will be compatible with the existing property in terms of its design and external finishes. The new beer cellar/spirit store will replace an existing smaller extension of poorer quality. The extension will be well screened and will have very little impact on the visual amenity of the area. I recommend, therefore that planning permission be granted.