North Lanarkshire Council
DEPARTMENT OF PLANNING AND ENVIRONMENT
Planning Applications for consideration of Planning and Environment Committee
Committee Date : 12thSeptember 2001
AGENDA ITEM NO...... 1
Ordnance Survey maps reproduced from Ordnance Survey with the permission of HMSO Crown Copyright reserved APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 12'h SEPTEMBER 2001
Page No. Application No. Applicant Development/Locus Recommendation
5 N/O 1/00429/FUL Kilmartin Estates Ltd Erection of Retail Units (Class l), Grant and Drive Thru Restaurant (Class 3) - Former Alexanders Car Showroom, 2 South Muirhead Road, Seafar, Cumbernauld. G67 AX
10 N/O1/00612/FUL Cala Homes Erection of 25 Dwellings - Grant (P) Millbrae Nursery, Main Street, Chryston. G69 9LB
20 N/O1/0063O/OUT Church of Scotland Formation of 3 Residential Plots Grant (in outline) - Former Church Hall, 53 Main Street, Chryston.
24 N/O1/00774/ADV Travelex UK PLC Erection of Internally Illuminated Refuse Fascia Sign on ATM Unit - McDonalds, 3 Tryst Road, Cumbernauld. G67 1JW
27 N/O1/00776/FUL Travelex UK PLC Erection of Freestanding ATM Unit - Refuse McDonalds, 3 Tryst Road, Cumbernauld. G67 1JW
31 N/01/00858/TPO John C A Sword Topping of Trees (2) - Lopping of Grant Branch (1) - Atholl House, Prospect Road, DulIatur, Cumbernauld. G68 OAN
35 N/O1/00859/FUL Miss Anne Mackenzie Erection of 3 Foot Fence at Front of Grant Property - 37 Cathkin Crescent, Carrickstone, Cumbernauld.
40 N/O1 /00870/FUL Ian Ferrie Erection of Dwelling - Refuse Hazelwood, High Barrwood Road, Kilsyth. G65 OEE
44 N/O 1/00908/TPO Mr Brian Neilly Felling of Tree - Refise 16 Mount Harriet Drive, Stepps, G33 6DS
49 N/O 1/00927/FUL Redrow Homes (Scotland) Erection of 30 Dwellings on Land Grant Limited Excluded from Previously Approved Residential Development - John G Russell (Transport) Ltd., Allison Place, Gartcosh. G69 8ES
57 N/O 11009281AMD Redrow Homes (Scotland) Amendment to Previously Approved Grant Limited Residential Development - John G Russell (Transport) Ltd., Allison Place, Gartcosh. G69 8ES
I:'DATA\COh4M2\WORD\AN"GPEIndexl2-sepO 1.doc APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE lZth SEPTEMBER 2001
Page No. Application No. Applicant Development/Locus Recommendation
64 C/98/0 1726MIN Tarmac Northern Limited Extension to Hard Rock Quarry, Grant (P) including Deepening of Existing Areas of Extraction Cairneyhill Quarry, Forrest Road, Caldercruix.
77 c/oo/o 1327mL David Richie Use of Agricultural Land as Grant Countryside Pursuits Centre Encompassing 4 x 4 Off-Road Driving Centre, Touring Caravan and Camping Park, Archery Range and Mountain Bike Track - Land adjacent to Easter Blairlinn Cottages, Easter Blairlinn Road, Luggiebank, Cumbernauld.
89 C/O 1/00282/FUL Glenmac Sports Fisheries Change of Use of Disused Quarry to Grant Limited Coarse Fishery and Leisure Facility Including Engineering Works, with Associated Temporary Accommodation Madgiscroft Quarry, Garngibboch Road, Cumbernauld.
99 C/O 1/004 1 SEUL Mr C Woods Change of Use and Alteration to Grant Shopfiont to form Extension to Public House - 108 Stirling Street, Airdrie.
104 C/O1/00566/OUT Stewart Homes Demolition of Existing Steelworks Grant and Replacement with Residential Development (in outline) Former Dundyvan SteeIworks (Martins Of Dundyvan), 9 1 Dundyvan Road, Coatbridge.
111 C/O1/00681/FUL Turnberry Homes Limited Erection of Residential Development Grant (P) comprising 30 Dwellinghouses (Amendment to Planning Permission C/OO/OO349/FUL) Turnberry Homes site, 7 Old Monkland Road, Coatbridge.
119 C/01/0070 I/AMD Portcullis Developments Amendment of Condition No. 2 of Grant Limited Planning Consent 00/01293MIN to allow the Importation of Canal Dredgings andor Bing Shale Regeneration Areas, Drumbow Farm, (sites 1 and 2), Telegraph Road, Longriggend, Airdrie.
125 C/01/00723/FUL Kelvin Homes Limited Construction of Link Footpath, Grant erection of Fence at Tarbert Way, Coatbridge.
128 C/O1/00727/OUT Pendragon PLC Erection of Residential Development Grant (in outline) Site at 61 North Bridge Street, Airdrie.
I:DATA\COMM2\WORD\PLANNING\PEIndex12-sep01.doc APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 12thSEPTEMBER 2001
Page No. Application No. Applicant Development/Locus Recommendation
134 C/O 1/00842/FUL Saveco Properties Limited Change of Use of Shop to Hot Food Grant Restaurant with Ancillary Take-Away Including Erection of Rear Ventilation Duct - 2 1 South Bridge Street, Airdrie.
139 C/O 1/00988/AMD Airdrieonians Football and Repositioning of Proposed Sports Grant Athletic Company Limited Pitches and Pavilion incorporating Omission of One Sports Pitch plus Changes to Proposed Car Park and Access Arrangements (including Off-Site Roadworks) (Amendments to Planning Permission No. C/96/003 59/FUL) Land north east of Football Stadium, Craigneuk Avenue, Airdrie.
148 S/O U0045 8RUL Argent By-products Group Erection of Bio-Diesel Plant including Grant Limited Tank Farm, Storage Tanks and Formation of New Access Roads Omoa Works, Biggar Road, Newarthill.
157 S/01/005 15IFUL McInnes Property Trust Erection of Four Shop Units and Six Grant Flats at First Floor Level McInnes Doctors' Surgery, 68-74 High Street, Newarthill.
162 S/O1/00541/0UT Les McGregor Erection of Dwellinghouse Refuse 5 Kingsley Court, Uddingston.
168 S/O1/00544/REM Mr M Livingstone Construction of Dwellinghouse Grant The Shieling, Wishaw Low Road, Cleland.
175 S/O1/00665/REM Barratt West Scotland Construction of 18 1 Dwellinghouses Grant land south and east of Bernadette Crescent, Motherwell.
185 Si0 1/00760/FUL Duncans of Wishaw Erection of New Boundary Wall Grant Duncans Garage, 186 Wishaw Road, Wishaw.
(PI N/O 1/006 12/FUL If approved, refer to Scottish Ministers (PI C/98/01726/MIN If approved Section 75 and Bond of Caution required (P> C/O 1/0068 UFUL If approved, refer to Scottish Ministers
I:\DATA\COMM2\WORD\PLAN"GPEIndex12-sepO1 .doc Application No.: N/O 1/00429EUL
Date Registered: 17th April 200 1
APPLICANT: KILMARTIN ESTATES LTD, 11 GLENFINLAS STREET, EDINBURGH, EH3 6AQ
Agent: 3D Architects, 11 Stafford Street, Edinburgh, EH3 7BR
DEVELOPMENT: ERECTION OF TWO CLASS 1 RETAIL UNITS AND DRIVE THRU RESTAURANT (CLASS 3).
LOCATION: FORMER ALEXANDERS CAR SHOWROOM 2 SOUTH MUIRHEAD ROAD SEAFAR CUMBERNAULD G67 1AX
Ward: 54
Grid Reference: 276053.674831.
File Reference: N/O 1/00429/FUL
Site History: No Applications of Relevance
Development Plan Cumbernauld Local Plan : Retail Contrary to Development Plan: No
CONSULTATIONS: Objection: No Objection: East Of Scotland Water West Of Scotland Water British Gas Transco The Coal Authority
Conditions: NLC Countryside And Landscape Manager
No Reply: NLC Head Of Property Scottish Power REPRESENTATIONS: Neighbours: No Response Newspaper Advertisement: No Response
COMMENTS: The applicants originally proposed the erection of a Class 1 Retail Unit, a Class 3 Restaurant and a Class 3 Drive Thru Restaurant on the site. Discussion on the proposals and the requirements for parlung and servicing of the units on the site have led to the amended proposals for a Class 3 Drive Thru Restaurant and two Class 1 Retail Units (with a gross area of 560square metres). The site lies within the town centre area of Cumbernauld which is covered by Retail policies in the adopted Cumbernauld Local Plan. No objections or adverse consultation responses were received in relation to the proposals.
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 the development hereby permitted starts, full details of all external materials to be used in construction, including walls, roofs, windows, doors, gutters and downpipes, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: To enable the Planning Authority to consider these aspects.
3. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatments, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) 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.
Reason: In the interests of the visual amenity of the area.
4. That within six months of the occupation of any part of the development hereby approved, all of the works which are included in the scheme of landscaping and planting, approved under the terms of Condition 3, above shall be completed and any trees, shrubs or areas of grass which die, are removed, damaged or become diseased, within 2 years of the occupation of that part of the development, shall be replaced within the following year with others of a similar size and species.
Reason: In the interests of the visual amenity of the area.
5. That before the development hereby permitted starts, details of the surface finishes to all parking, servicing and manoeuvring areas shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: To enable the Planning Authority to consider these aspects.
6. That before any of the buildings hereby permitted is brought into use all parking, manoeuvring and servicing areas shall be completed as approved under the terms of Condition 5.
Reason: In the interest of traffic safety and to ensure the provision of adequate parking, servicing and manoeuvring facilities within the site.
7. That before the development hereby permitted starts, details of a scheme to redesign the deflection island for the mini roundabout on South Muirhead Road to provide a pedestrian crossing point shall be submitted for to and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: To enable the Planning Authority to consider these aspects in detail. 8. That before any of the buildings hereby permitted is brought into use, the scheme approved under the terms of Condition 7 shall be completed.
Reason: In the interests of pedestrian safety.
9. That both the 3 metre wide and 2 metre wide sections of footway along the edge of South Muirhead Road shall be constructed to the standard required for adoption by North Lanarkshire Council as Roads Authority.
Reason: In the interests of pedestrian safety.
10. That before any of the buildings hereby permitted is brought into use, a high visibility pedestrian guardrail, which accords with the specification of North Lanarkshire Council as Roads Authority, shall be provided along the footway on the south side of Muirhead Road from the pedestrian crossing point to the vehicular access to the site.
Reason: In the interests of pedestrian safety.
11. That before the development hereby permitted starts a thermoplastic yellow box marking to Diagram No. 1044 of the T.S.R. and G.D. 1994 shall be provided across the width of the connection on the south carriageway of South Muirhead Road.
Reason: In the interests of traffic and pedestrian safety.
12. That everything exceeding 1.05 metres in height above the road channel level shall be removed from the junction and roundabout visibility 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 traffic and pedestrian safety.
List of Background Papers:
Application form and plans received 17th April 2001 Amended Plans received 3rd August 2001
Memos received from Transportation Manager Memo received 16th May 200 1 from Environmental Services Manager Memo received 22nd May 2001 from Countryside And Landscape Manager Letter received 1 1th May 200 1 from East Of Scotland Water Letter received 4th May 2001 from West Of Scotland Water Letter received 1st May 200 1 from British Gas Transco Letter received 4th May 2001 from The Coal Authority
Any person wishing to inspect these documents should contact Mary Stewart at 01236 616473 APPLICATION NO. N/01/00429/FUL
REPORT
1. Description of Site and Proposal
1.1 The site comprises the former Alexanders car showroom which occupies a prominent position on one of two main roundabouts within the central area of Cumbernauld. The applicants originally proposed the erection of a Class 1 Retail Unit, a Class 3 Restaurant and a Class 3 Drive Thru Restaurant on the site. Amended proposals have been submitted comprising a Class 3 Drive- Thru Restaurant and two Class 1 Retail Units, with a gross area of 560square metres.
2. Development Plan
2.1 The site lies within the town centre and is covered by retail policies in the adopted Cumbernauld Local Plan.
3. Representations and Consultations
3.1 The Countryside And Landscape Manager commented on the need to improve the landscaping of the site and to provide a detailed landscape specification. This can be addressed by the imposition of planning conditions.
3.2 The Area Transportation Manager commented on the need to improve the servicing and parking layout and the need to improve facilities for pedestrians on the adjacent section of South Muirhead Road. Amended plans have been submitted which satisfactorily address the issues relating to parking and servicing layouts. The remaining issues can all be satisfactorily addressed by the imposition of planning conditions.
3.3 The Environmental Services Manager commented on the need to restrict the hours of operation during the construction period because of the proximity of the Travel Lodge and that construction and demolition work should conform to BS5228 relating to Noise from Construction and Open Sites. Whilst the Travel Lodge is close to the site and would be likely to experience some disturbance during construction, this is part of a town centre area where many of the adjacent businesses operate outwith ‘normal’ hours. It would therefore be both unreasonable and impractical to restrict working times in the manner suggested.
3.4 East Of Scotland Water, West Of Scotland Water, British Gas Transco and the Coal Authority all responded with information in relation to the provision of services and had no objections to the proposals. No objections were received from neighbours or as a result of publicity.
4. Planning Assessment and Conclusions
4.1 The proposed development accords with the development plan for the area and will result in the re- use of a prominent town centre site. It will also extend the range of facilities on offer with in the centre area and provide for improved links to the main town centre building.
4.2 All of the issues raised by consultees can be adequately addressed by the imposition of planning conditions.
4.3 It is recommended therefore that planning permission be granted. Application No: N/O 1/006 12/FUL
Date Registered: 30" May 2001
APPLICANT: CALA HOMES, THE FORUM, CALLANDER BUSINESS PARK, CALLANDER ROAD, FALKIRK
Agent: None
DEVELOPMENT: ERECTION OF 25 DWELLINGS
LOCATION: MILLBRAE NURSERY, MAIN STREET, CHRYSTON, G69 9LB
Ward No: 69 Grid: 269083 670247 File Reference: PW Site History: None
Development Plan: Strathkelvin Southern Area Local Plan 1983 Policy E.PR02 (Greenbelt) and Northern Corridor Local Plan (Finalised Draft) 2000 Policy HG1/15 (Identified as Housing Site), Policies ENV 16 and 17 (Tree Preservation Order) and Policy ENV 33 (within area of naturally occurring methane)
Contrary to Development Plan: Yes
CONSULTATIONS:
Objection: Chryston Community Council No Objection: West of Scotland Water, Transco, Scottish Power, SEPA, Coal Authority, Strathclyde Fire Brigade No Reply: Conditions:
REPRESENTATIONS:
Neighbours: 11 Letters of objection Newspaper Advert: Chryston Community Council
COMMENTS: The applicant, Cala Homes, seeks consent to construct 25 dwellings within the grounds of the former nursery and retain the existing house and cottage within the site at Millbrae Nursery, Main Street, Chryston.
The site lies on the north-eastern edge of Chryston and is extensively covered by mature woodland, which is subject to a blanket Tree Preservation Order.
The site is zoned within the Greenbelt in the adopted Strathkelvin Southern Area Local Plan 1983. As such, the application was advertised in The Kirkintilloch Herald of 13.6.2001. However, the 1983 plan is in the process of being superseded by the Northern Corridor (Finalised Draft) Local Plan 2000, which has Council approval and is considered to be an overriding material consideration.
The Community Council have objected to the proposal on the grounds that it is contrary to the adopted Local Plan, would result in the loss of A\\ \\- trees protected by TPO, would detrimentally impact on road safety and the site is subject to methane leakage.
The Community Council has also requested that the application is the subject of a Committee site visit.
Letters of objection have been received from 11 local residents. These objections are on the same grounds as the Community Council.
However, it is considered that the proposal is acceptable for -the reasons outlined in the accompanying report and 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 before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on site shall be submitted to and approved in writing by the Planning Authority.
Reason : To enable the Planning Authority to retain effective control, in order to ensure that all boundary treatments are appropriate, in the interests of residential amenity.
3. That before the development hereby permitted starts, full details of all external materials to be used in the construction, including walls, roofs, windows, doors, gutters and downpipes, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.
Reason : To enable the Planning Authority to retain effective control by ensuring that all external finishing materials are appropriate in the interests of the surrounding residential amenity.
4. That before the occupation of the first dwelling on site, any trees covered by Tree Preservation Order No 1 identified on drawings MILLBRAE/3/98 and layout plan sp06 dated 30.3 .O 1, which will have to be removed as a result of the construction of the proposed road layout shall be replaced with trees of an equivalent standard and location as identified on a scheme of works to be submitted to and approved in writing by the Planning Authority.
Reason : To safeguard the existing character and resultant residential amenity of the site by ensuring any trees lost as a result of the development are appropriately replaced.
5. That before the development permitted starts, 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 :-
(a) details of any earth moulding and hard landscaping, grass seeding and turfing: (b) a scheme of tree and shrub planting, including those trees which will be lost as a result of construction work (to be amended as appropriate during construction work to include the replacement of any unforeseen losses), incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection during the course of the development, and (d) details of the phasing of these works.
Reason : To enable the Planning Authority to assess these aspects, ensuring that there is adequate landscaping provision within the site in the interests of residential amenity.
6. That within one year of the occupation of the fifth last dwellinghouse within the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting approved under the terms of condition 5 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, shall be replaced with others of a similar size and species.
Reason : To ensure that the landscaping works approved under conditions 4 and 5 are implemented to the satisfaction of The Planning Authority in the interests of residential amenity.
7. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority including any modifications as may be required, and it shall include proposals for the continuing care, maintenance and protection of all landscaping approved under conditions 5 and 6 above.
Reason :To ensure that an adequate scheme of landscape maintenance is in place, ensuring a continued standard of landscaping in the interests of residential amenity.
8. That before the occupation of the fifth last dwelling of the development hereby permitted, the management and maintenance scheme, approved under the terms of condition 7 shall be in operation.
Reason :To ensure that an adequate scheme of landscape maintenance is in operation ensuring a continued standard of landscaping in the interests of residential amenity.
9. That prior to the commencement of work on site, details of the proposed retention and renovation of the existing cottage and house within the site as identified on layout drawing sp06 dated 30. 3.01, shall be submitted to and approved in writing by the Planning Authority.
Reason : To enable the Planning Authority to retain effective control in the interests of the historical and environmental amenity of the site.
10. That before the development hereby permitted starts, a scheme detailing proposed improvements to the junction of Main Street and Chryston Road, at the location marked A on the approved plan, shall be submitted to and approved in writing by The Planning Authority.
Reason : To ensure that a suitable scheme for the upgrading of the junction that will cope with the additional traffic generated by the proposal is approved, in the interests of road safety. 11. That no dwelling on site shall be occupied until the existing junction of Chryston Road and Main Street, marked A on the approved plans, is upgraded in accordance with the scheme approved under condition 10 above.
Reason : To ensure that the junction is suitably upgraded to cope with the additional traffic generated by the proposal, in the interests of road safety.
12. That prior to the commencement of work on site, the applicant shall submit details of the proposed site compound, sales office and associated signage and carparlung for the approval in writing of the Planning Authority, including any modifications as may be required.
Reason : To enable the Planning Authority to retain effective control of these aspects in the interests of the residential amenity of the surrounding area.
13. That the use of the garages hereby permitted shall be restricted to private use incidental to the enjoyment of the dwellinghouse on site and no commercial activity shall be carried out, in or from the garages.
Reason : To ensure that no activity incompatible with a residential area takes place within the domestic garages hereby approved in the interests of residential amenity.
14. That the integral garages hereby permitted shall not be altered for use as habitable rooms without the prior written consent of the Planning Authority.
Reason : To ensure that there is adequate and appropriate off-street parking provision within each plot in the interests of road safety and the residential amenity of the surrounding area.
15. As soon as is reasonably practicable at the end of each working day, or as may otherwise be required during the day, Main Street, Chryston Road and any other affected roads and footpaths shall be swept or otherwise cleared of mud or similar material, which has been carried out onto the surrounding road network by vehicles leaving the site during the construction of the development.
Reason : To prevent deleterious material being carried onto adjacent roads in the interests of the surrounding residential amenity and road safety.
16. That before the development hereby permitted starts a scheme detailing the following will be submitted and approved in writing by the Planning Authority, including any modifications as may be required:-
1) The proposed location for the storage of construction materials. 2) The method of securing the site during construction works and 3) The intended location of workers parking.
Reason : In the interests of the visual amenity, public safety and the amenity of neighbouring residents. 17. That before the development hereby permitted starts, a ground survey in relation to naturally occurring methane, identifying any remedial measures required shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.
Reason : In the interests of public safety and public health.
18. That before the development hereby permitted starts, the remedial measures approved under condition 17 above shall be implemented in full.
Reason : In the interests of public safety and public health.
If granted this application will have to be referred to the Scottish Ministers in accordance with The Town and Country Planning (Notification of Applications) (Scotland) Direction 1997.
List of Background Papers:
Application form and plans Strathkelvin Southern Area Local Plan 1983 Northern Corridor (Finalised Draft) Local Plan 2000 Consultation responses from West of Scotland Water, Transco, Scottish Power, SEPA, The Coal Authority, Strathclyde Fire Brigade and The Transportation Manager Letters of objection from the residents of :- 62,121,129,136,137,141 A and B and 143, Main Street Chryston, 147 Chryston Road, Chryston, 15 Lanrig Road, Muirhead and 5 South Loan, Chryston 2 letters of objection from Chryston Community Council dated 15.6.2001 and 27.6.01 respectively
Any person wishing to inspect these documents should contact Paul Williams on 01236-616464 APPLICATION NO: N/01/00612/FUL
1. SITE AND PROPOSAL
1.1 This application seeks consent for the erection of 25 detached dwellings within the grounds of the former Millbrae Nursery and market garden which lies at the north-eastem edge of Chryston and is accessed via Main Street.
1.2 The site covers an area of approximately 2.35 Hectares and is mostly covered by mature woodland, which is the subject of a blanket Tree Preservation Order. The eastern half of the site is less wooded and once accommodated large greenhouses, now partially demolished, which were used for growing tomatoes.
1.3 The site is relatively level and is characterised by the dominant mature trees, which predominate around the two existing dwellings within the site, giving the effect of a secluded and cohesive environment. The site is currently occupied by a Late Victorian two storey detached villa and outhouses and a much older traditional single storey cottage on the north-western part of the site. Land surrounding and directly adjacent to, but outwith the site boundaries is also planted with mature trees.
1.4 The owners of the site, Messrs McGregor, who once operated the now defunct market garden and live in the aforementioned dwellings, intend to sell the site to Cala Homes if this application is successful.
1.5 The applicant Cala Homes, intend to retain, renovate and market both existing dwellings within the site and integrate the proposed 25 new dwellings around them and the existing mature trees which are subject to the Tree Preservation Order. An informal play area is indicated adjacent to the mature woodland. The applicant also intends to retain and use the existing mature screen planting which has been planted adjacent to and surrounding but outwith the site boundary. The proposed vehicular access road is laid out in a loop around the existing dwellings and protected trees. The applicant has identified at least four protected trees, which would have to be removed in order to accommodate the new road.
1.6 The proposed dwellings, are all two storey with the exception of one ‘bungalow’ and all proposed house types have four bedrooms with the exception of one dwelling which has three bedrooms. All proposed dwellings have external finishing materials of roughcast, stone quoins and window surrounds, timber window frames and flat profile roofing tiles. All proposed house types are traditionally styled, many with dormer roof features and timber gable detailing. All have attached or integral garages.
2. DEVELOPMENT PLAN
2.1 The site is zoned within the Greenbelt in the adopted Strathkelvin Southern Area Local Plan 1983 and as such, the proposal is contrary to Local Plan Policy and has been appropriately advertised in the Kirkintilloch Herald. It is however zoned as a potential housing site within the emerging Northern Corridor (Finalised Draft) Local Plan 2000, which has been approved by the Council. The site boundary has been decreased from that of the draft plan due to its proximity to Bedlay Castle to the south, which is a Grade A Listed Building.
2.2 The site is also subject to a Tree Preservation Order, which is covered by Policies ENV 16 and 17 in the Northern Corridor (Finalised Draft) Local Plan 2000. It also lies within Policy ENV 33, which identifies it within an area of naturally occurring methane. 3. CONSULTATIONS
3.1 Transco, Strathclyde Fire Brigade, The Coal Authority and West of Scotland Water have expressed no objections to the proposal subject to the usual developer protocol.
3.2 Both the Conservation and Greening Manager and the Landscape Services Manager have highlighted the environmental sensitivity of the site in terms of existing flora and fauna. The main focus of comment is in relation to the blanket Tree Preservation Order within the site and measures for the protection of trees during construction work.
3.3 The Transportation Manager has expressed no objections to the proposal and considers that the existing access road is capable of serving an additional 25 dwellings provided that the junction of Main Street and Chryston Road is upgraded by surface paintworks and signage to emphasise it as a ‘T Junction’. At present, Chryston Road is a continuation of Main Street. The Transportation Manager considers that 25 new dwellings is the limit of acceptable development without the need for more major road improvements in particular in relation to improved sight lines.
4. OBJECTIONS
4.1 A total of 11 letters of objection have been received as a result of neighbour notification and the advertisement placed in The Kirkintilloch Herald. These objections can be summarised as follows :-
Greenbelt
The application is contrary to the adopted Local Plan as it lies within the Greenbelt ( Policy E.PRO 2) in The Strathkelvin Southern Area Local Plan.
AccessIRoad Safety
The existing access to the proposed development is narrow and subject to on street resident parlung. This in combination with the additional traffic generated by the proposal will be detrimental to road safety. The proposal will also be detrimental to road safety in terms of its impact on the surrounding road network.
Natural Environment
The proposal will result in the loss and destruction of trees subject to a Tree Preservation Order and natural habitats for local wildlife.
Local Character
The proposal will result in the loss of local character as this part of Chryston is the last remaining unspoilt part of the original village, which is typified by traditional cottages and the woodland of the application site and its relationship to Bedlay Castle.
Methane Gas
The site has been historically prone to natural emissions of methane gas and as such, for safety reasons, the site is inappropriate for residential development.
Existing Infiastructure
The proposal will put further pressure on already over-stretched local services and existing infrastructure such as car parks within the retail centre of the village, schools and drainage. (g) Structural Intemitv of Cottages at access
The heavy construction traffic along the Main Street into the site could detrimentally affect the foundations of the roadside cottages on the north side of Main Street adjacent to the site entrance.
4.2 Two letters of objection have also been received from Chryston Community Council. Their grounds of objection are the same as those listed above with the exception of points (g) and (0.The Community Council has also formally requested a Committee site visit prior to determination ofthe application.
5 OBSERVATIONS
5.1 The application is contrary to Greenbelt policy in the adopted Strathkelvin Southern Area Local Plan 1983. However, as this plan is now 18 years old it is considered appropriate to assess the proposal in terms of the emerging Northern Corridor (Finalised Draft) Local Plan 2000 which has Committee approval. The emerging Local Plan is therefore considered to be an overriding material consideration in relation to the adopted plan.
5.2 It is therefore considered, in this context, that objections on Greenbelt grounds cannot be substantiated. The emerging and Council approved Local Plan identifies the site for residential development and as such any objections on Greenbelt grounds have to be assessed in this context.
5.3 With regard to access, The Transportation Manager has indicated that the existing access is capable of serving the extra traffic that this proposal would generate, with the necessary improvements to the junction with Main Street and Chryston Road. It is therefore considered that the issue of road safety will be addressed by the necessary junction improvement works as prescribed by The Transportation Manager. Residents of the cottages adjacent to the site access have also objected on the grounds that they currently park their cars on the Main Street outside their dwellings and that this would impair access to the site. In this regard, The Transportation Manager has commented that currently there are no parking restrictions at this point and any obstructions that may be caused to the highway would be a police matter.
5.4 With regard to the objections relating to natural environment, it is considered that the development will inevitably impact on the existing natural environment of the site. However, due to the blanket Tree Preservation Order, it is considered that tree loss can be kept to a minimum. Indeed, the proposed layout plan for the site indicates that only four of the existing trees will have to be removed in order to accommodate the proposed internal road network. Furthermore, existing screen planting lying just outwith the site can be controlled by appropriate conditions as can tree protection and replacement measures. Additionally, in this respect, it is envisaged that a revised Tree Preservation Order will be promoted in due course to include changes brought about by the proposed development to ensure that the remaining trees and newly planted replacement trees have appropriate future protection.
5.5 Furthermore, the majority of the southern part of the site will remain undeveloped which will reduce the overall impact of the proposal in terms of its potential impact on the natural environment, the surrounding character of this part of the village and also the relationship of the site to the Grade A Listed Bedlay Castle. Although the objections relating to natural environment and effect on local character are recognised, it is considered that the impact of the proposal can be kept within reasonable limits and as such, these objections are not considered to justify refusing consent.
5.6 With regard to the objections relating to naturally occurring methane gas, the applicant has indicated in writing that an appropriate survey has been carried out, which shows that there is no impediment to development. As such, these objections have been addressed. Furthermore, this issue can be further controlled by the imposition of the appropriate conditions.
5.7 No adverse consultation responses have been received from statutory undertakers or from The Transportation Manager. It is therefore considered that the objections relating to impact on local infrastructure have been addressed.
5.8 The final objection relating to the possible impact of construction traffic on the structural integrity of the existing cottages adjacent to the access is not a planning consideration. The onus is on the developer to ensure that this will not occur and proof of any resultant damage or otherwise would be a legal matter between the developer and any allegedly affected residents.
5.9 The applicant intends to provide an informal play area adjacent to mature trees, which would effectively remain undeveloped but maintained grassland. It is considered that this is an appropriate form of play provision as the provision of play equipment within the site is considered to be incongruous to the site and potentially visually intrusive in relation to the adjacent Bedlay Castle.
6. CONCLUSION
6.1 It is considered that the grounds of objection are not sufficient to justify refusal of consent or have or will be addressed as part of the Planning Application. It is further considered that the impact of the development on the site and surrounding locality will be within acceptable limits. Therefore, in this context, the application should be assessed in terms of the merits of the proposed layout and site architecture.
6.2 It is considered that the proposed layout is acceptable and that individual plot ratios in terms of garden sizes and suitable provision for vehicular accommodation are acceptable. Furthermore, the layout complies with current Council standards for space provision within new housing development.
6.3 The siting, design and scale of the proposed house types are also considered to be acceptable in relation to the proposed retention of both existing dwellings within the site and also in relation to mature trees covered by the Tree Preservation Order.
6.4 The styling and finishing materials of the proposed dwellings are considered to be acceptable and appropriate to this location within Chryston and also in relation to both existing dwellings on the site and the site’s relationship to Bedlay Castle.
6.5 It is considered, for the reasons outlined above, that the proposal will have an acceptable impact on the site and surrounding area. This application is therefore recommended for approval subject to the application of the appropriate conditions.
6.6 If the Committee is minded to accept this recommendation, the application will require to be referred to The Scottish Ministers in accordance with the appropriate procedures. Application No: N/O 1/00 63O/OUT
Date Registered: 31st. May 2001
APPLICANT: CHURCH OF SCOTLAND, CHRYSTON PARISH CHURCH, MAIN STREET, CHRYSTON
Agent: Davis Duncan Architects, 20 Royal Crescent, Glasgow G3 7SL
DEVELOPMENT: FORMATION OF THREE RESIDENTIAL PLOTS (OUTLINE)
LOCATION: FORMER CHURCH HALL, 53 MAIN STREET, CHRYSTON
Ward No: 69 Grid: 268656 - 670137 File Reference: MD Site History: TP/86/91: Alterations and Extension to Church Hall - Approved April 1986
Development Plan: Strathkelvin Southern Area Local Plan 1983 - Unaffected by Specific Proposals (E.PR06), Residential Area (E.PR07) Northern Corridor Finalised Draft Local Plan 2000 - Residential Area (HG3)
Contrary to Development Plan: No
CONSULTATIONS:
Objection: No Objection: The Coal Authority, West of Scotland Water No Reply: Conditions:
REPRESENTATIONS:
Neighbours: None Newspaper Advert: Not Required
COMMENTS: The application is in outline for the formation of three residential plots on the site of an existing Church Hall at 53 Main Street, Chryston. The site covers 0.14 hectares. Under the terms of the Strathkelvin Southern Area Local Plan 1983 and the emerging Local Plan (the Northern Corridor Finalised Draft Local Plan 2000) the site is within a general residential area. In addition the adopted Local Plan has the site identified as an area where there are no specific proposals.
There are no objections from consultees or member of the public.
There/ .. . 1 7.... -2-
There was initial concern over the potential narrowness of the plots and whether this restriction would allow dwellings to be erected of sufficient quality and status to reflect this important location in the centre of Chryston. Sketch plans have been submitted which show that a pair of semi-detached dwellings plus a detached dwelling can--sit relatively comfortably on the site. On this basis it is considered that three dwellings are acceptable. Recommended planning conditions require a) that dwellings be no higher than 1% storeys and b) that the detailed planning application scheme be based on the outline application sketch plan (or such other scheme that is to the satisfaction of the Planning Authority).
It is recommended that conditional outline planning permission be granted for three residential plots.
RECOMMENDATION: Grant, subject to the following conditions:-
1. That before development starts a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:-
a) the siting, design and external appearance of all buildings and other structures; b) the means of access to the site; c) the design and location of all boundary walls and fences; 4 the disposal of sewage; e) details of existing trees, shrubs and hedgerows to be retained; f) details of existing and proposed site levels.
Reason: To enable the Planning Authority to consider these aspects in detail.
2. That within three years of the date of this permission, an application for approval of the reserved matters, specified in Condition 1 above, shall be made to the Planning Authority.
Reason: To accord with the provision of the Town and Country Planning (Scotland) Act 1997.
3. That the development hereby permitted shall be started either within five years of the date of the permission, or within two years of the date on which the last of the reserved matters are approved.
Reason: To accord with the provision of the Town and Country Planning (Scotland) Act 1997.
4. That the development proposals to be submitted through the necessary detailedheserved matters application shall be based on the proposals reflected on approval sketch plan and dwellings shall be no higher than 1% storeys; or such other scheme as may be to the satisfaction of the Planning Authority.
Reason: In the interest of residential amenity by ensuring that dwellings are appropriate for this central Chryston site.
5. That/ -3-
5. That the access details and parking provision shall be to the satisfaction of North Lanarkshire Council as Roads and Planning Authority.
Reason: In the interest of road safety.
List of Background Papers:
Application form and plans Strathkelvin Southern Area Local Plan 1983 Northern Corridor Finalised Draft Local Plan 2000 Consultation Letters from The Coal Authority and West of Scotland Water.
Any person wishing to inspect these documents should contact Martin Dean on 01236-616459
iiplanlcommittee Application No.: NI0 1/00774/ADV
Date Registered: 25th June 200 1
APPLICANT: TRAVELEX UK PLC, 65 KINGSWAY, LONDON, WC28 6TD
Agent: Format Shopfitting Ltd, 9 Ivy Arch Road, Worthing, West Sussex, BN14 8BX
DEVELOPMENT: ERECTION OF INTERNALLY ILLUMINATED FASCIA SIGN ON ATM UNIT
LOCATION: MCDONALDS 3 TRYST ROAD CUMBERNAULD GLASGOW G67 1JW
Ward: 60
Grid Reference: 275996.674582.
File Reference: N/01/00774/ADV
Site History: N/O 1/00776/FUL Erection of Freestanding ATM Unit Also under consideration at this Committee
Development Plan Cumbernauld Local Plan Contrary to Development Plan: No
CONSULTATIONS:
Objection: No Objection: Conditions: No Reply:
REPRESENTATIONS: Neighbours: No Response Newspaper Advertisement: Not Required
COMMENTS: This application relates to application reference NI0 1/00776/FUL in relation to the construction of an ATM unit, which is also under consideration at this Committee. The applicant proposes to erect an internally illuminated box sign on the proposed ATM unit. The Area Transportation Manager has recommended that the application for an ATM unit be refused on road safety grounds.
This advertisement application should also be refused.
RECOMMENDATION:
Refuse permission for the following reasons:
1. The proposed development would adversely affect road and traffic safety and the amenity of the adjacent landscaped area. PLANN I NG AP PLlCAT1 ON N0: NI01 /00774/ADV EleRTH.... Produced by LANARKSHIRE DeparlmenlSoulhetn Division of Planning md Environment ERECTION OF INTERNALLY ILLUMINATED COUNCIL 303 Brandan Sireel MOTHERWELL FASCIA SIGN ON ATM UNIT AT MLI IRS Reproduced from the OTdnEnw Surrey mapptng with McDONALDS, 3 TRYST ROAD, CUMBERNAULD the permission of lhr, C~nlroller~fher Msierly'r Telephone 01698 302400 Fa* 01698 302101 1:1250 Stationery Omce 0 Crown copyright Unaulhonsed reproduction inhinges Clown copynghl OS bcenceL409MlL ndmay lead to p~o~ecutionor civil proceedings List of Background Papers:
Application form and plans received 25th June 2001
Memo received 23rd July 200 1 fiom Transportation Manager
Any person wishing to inspect these documents should contact Mary Stewart at 01236 616473. Application No.: N/01/00776/FUL
Date Registered: 25th June 2001
APPLICANT: TRAVELEX UK PLC, 65 KINGSWAY, LONDON, WC28 6TD
Agent: Format Shopfitting Ltd, 9 Ivy Arch Road, Worthing, West Sussex, BN14 8BX
DEVELOPMENT: ERECTION OF FREESTANDING ATM UNIT
LOCATION: MCDONALDS 3 TRYST ROAD CUMBERNAULD GLASGOW G67 1JW
Ward: 60
Grid Reference: 275996.674582.
File Reference: N/O 1/00776/FUL
Site History: N/O1/00774/ADV Advertisement Consent for ATM signage Also under consideration at this Committee
Development Plan Cumbernauld Local Plan Contrary to Development Plan: No
CONSULTATIONS:
Objection: No Objection: Head of Property Conditions: No Reply:
REPRESENTATIONS: Neighbours: No Response Newspaper Advertisement: Not Required
COMMENTS: The applicants propose the erection of a small brick building to house a single automated teller machine within the landscaped area of the McDonalds Restaurant and car park. Whilst this is a town centre location, the design of the proposed facility is very poor and the Area Transportation Manager has recommended that the application be refused on road safety grounds.
RECOMMENDATION:
Refuse permission for the following reasons:
1. The proposed development would adversely affect the surrounding area by virtue of its implications for parking, traffic generation and traffic circulation. Bawling Centre
Produced by N/01/00776/FUL LANARKSHIRE Dapvtmnt of Planmg and Enn~mmnt Southern Division TRAVELEX UK 303 Brandon Street MOTHERWELL McDONALDS 3 TRYST ROAD MLl 1RS Reproduced from the Ordnance Survey mapping wtlh CUMBERNAULD me prmlosion of Re Controller of her Ma~esty's Telephone 01698 302100 Fax 302101 'I1 250 Stationery Office. 0 Cram copyright. 01698 Unauthorised rsproduolloninfringer Crmoopmghl md may lead to pro88cut~onor avil pnxeedings OS~se"ceLA09MlL ERECTION OF FREESTANDING ATM UNIT 2. The proposed development would adversely affect road and traffic safety in that it would restrict vehicle flow through the adjacent drive through restaurant and parlung area and would be likely to encourage parking on the access to the adjacent supermarket.
3. The proposed development would result in a loss of visual amenity in the area in that the building is of poor design and would result in the loss of an area of landscaping providing separation between two commercial parking areas.
List of Background Papers:
Application form and plans received 25th June 2001
Memo received 23rd July 200 1 from Transportation Manager Memo received 23rd July 200 1 from Head Of Property
Any person wishing to inspect these documents should contact Mary Stewart at 01236 616473. APPLICATION NO. N/01/00776/FUL
REPORT
1. Description of Site and Proposal
1.1 The site comprises the McDonalds Restaurant site within the Cumbernauld Town centre area and is part of the larger Asda supermarket site. The proposal comprises the construction of a small brick building to house an ATM unit. The unit would occupy an area of landscaping adjacent to the site distributor roundabout which gives access to the bus and taxi facilities, the McDonalds site, the supermarket and the petrol filling station.
2. DeveloDment Plan
2.1 The site is covered be retail policies in the adopted Cumbemauld Local Plan.
3. Representations and Consultations
3.1 The Area Transportation Manager advises that the existing ‘drive-thru’ operation results in traffic queuing back along the main site access road to the Tryst Road roundabout on occasion. The site distributor roundabout is also substandard and impedes the flow of traffic in the vicinity. He advises that the location of the ATM is such that it is likely to restrict the flow of vehicles into the McDonalds parking area and drive-thru and encourage parking on the main site access road.
3.2 A relocation of the proposal within the site would be likely to improve the impact of the development in terms of its effect on traffic circulation but would have an adverse effect on the availability of parking for the restaurant.
3.3 No other adverse consultation responses or objections were received.
4. Planninp Assessment and Conclusions
4.1 The proposed development accords with local plan policy. However, the impact of the proposal in terms of road and traffic safety would not be acceptable. The design of the proposal is poor and fails to relate to existing uses on the site. The development would also result in the loss of a small but important area of landscaping. I would therefore recommend that planning permission be refused. Application No: N/O 1/0085 8/TPO
Date Registered: 17*. July 2001
APPLICANT: JOHN C.A. SWORD, ATHOLL HOUSE, PROSPECT ROAD, DULLATUR
Agent:
DEVELOPMENT: Topping of Trees (2), Lopping of Branch (1)
LOCATION: ATHOLL HOUSE, PROSPECT ROAD, DULLATUR
Ward No: 57 Grid: 274568 - 676840 File Reference: KPL Site History: N/O1/00236/TPO: Felling of Tree - Refused
Development Plan: Cumbernauld Local Plan 1993 - Dullatur Conservation Area.
Contrary to Development Plan:
CONSULTATIONS:
Objection: No Objection: NLC Community Services No Reply: Conditions:
REPRESENTATIONS:
Neighbours: Newspaper Advert: Other: Scottish Wildlife Trust
COMMENTS: Scottish Wildlife Trust have objected on the premise that lopping/topping of tree(s) is “bad practice” and would prefer ”crown lifting” or “thinning”. The Council’s arboricultural officer has indicated that reducing the height of the Cedar is acceptable as well as lopping the branch of the chestnut which is overhanging the road. His recommendation is that the horse chestnut adjoining the gable of the house should not be reduced in height but that partial thinning at the lower level is acceptable.
RECOMMENDATION: Grant, subject to the following conditions:-
1. That the works to the trees shall be carried out by a qualified Tree Surgeon.
Reason: To ensure the best practice in the removal of the branches involved,
-2-
2. That contact shall be made with the Planning Authority no later than one week before the proposed commencement of works to allow the precise details and extent of works to be agreed on site.
Reason: To ensure that the works to be carried out are to the satisfaction of the Planning Authority.
3. That notwithstanding the generalities of Condition 2 above, the topping of the Cedar tree shall be to a level which has been agreed and confirmed on site with the Planning Authority prior to works commencing.
Reason: To ensure that the overall height of this tree is not reduced unnecessarily.
4. That the limbs to be removed on the Horse Chestnut Trees shall be identified and confirmed on site prior to any works tahng place.
Reason: To ensure that only damaged limbs are removed
List of Background Papers:
Letter from Scottish Wildlife Trust received on 3rdAugust 200 1 Correspondence from NLC Community Services Department Letter from Lowland Trees (contractor employed by applicant) dated 15* June 2001
Any person wishing to inspect the above background papers should telephone 01236-616476 and ask for Mr.Lawlor. APPLICATION NO : 0 1/00858/TPO
1. SITE AND PROPOSAL
1.1 This application relates to a request to the topping of 2 no. trees (1 Cedar and 1 Horse Chestnut) and the lopping of a branch of another Horse Chestnut, all within the garden grounds of Atholl House, Prospect Road, Dullatur.
1.2 The application site lies within the Dullatur Conservation Area as identified in the Cumbernauld Local Plan adopted in 1993.
1.3 The reason for the submissions are as follows:-
(i) The top portion of the Cedar appears to be structurally unsound, evidence supported by the number of branches which have broken off in high winds; (ii) The limb of the Horse Chestnut which overhangs Prospect Road at a low level presents a possible danger to pedestrianshehicles if it should collapse; (iii) The Horse Chestnut adjacent to the gable of the house has a large limb with a split, the branch overhanging a patio area presenting a possible danger to people below in the event of collapse.
2. CONSULTATIONS AND OBJECTIONS
2.1 The Council’s Arboricultural Officer has inspected the trees involved and concurs with the view that the top portion of the Cedar should be topped to a level with which he is satisfied, the limb of the Horse Chestnut overhanging Prospect Road should be removed and the split limb on the other Horse Chestnut can also be removed. He will not sanction any reduction in height of this tree as suggested by the consultant, employed by the applicants.
2.2. Scottish Wildlife Trust have objected to the proposed “topping” or “lopping’’ as being bad practice and would prefer crown liftinghhinning as a way forward.
2.3 The Trust offered a view in the previous application to fell a Larch tree in the site, that any felling, topping or lopping should only take place on grounds of safety supported by a specialist’s statement.
2.4 In the case of this application a statement supporting the application has been submitted by an independent specialist and these concerns are accepted in almost all elements by the Council’s Arboricultural Officer.
3. CONCLUSION
3.1 I have taken into account the views of the Scottish Wildlife Trust and the assessment of the Council’s Community Services Department and I recommend that the Cedar should be reduced in height to a level agreeable with the Council’s Arboricultural Officer. The large limb of the Horse Chestnut which overhangs Prospect Road should be removed, and the split limb of the Horse Chestnut adjacent to the gable of the house may be removed.
All of these works should be under close supervision of the Council’s Arboricultural Officer. Application No: NI0 1/00859/FUL
Date Registered: 1l*. July 200 1
APPLICANT: MISS ANNE MacKENZIE, 37 CATHKIN CRESCENT, CARRICKSTONE CUMBERNAULD.
Agent:
DEVELOPMENT: ERECTION OF THREE-FOOT FENCE AT FRONT OF PROPERTY
LOCATION: 37 CATHKIN CRESCENT, CARRICKSTONE, CUMBERNAULD
Ward No: 57 Grid: 275415 - 676046 File Reference: KL Site History:
Development Plan: Cumbernauld Local Plan Adopted 1993. Zoned HGSB - future residential development (now complete)
Contrary to Development Plan: No
CONSULTATIONS:
Objection: No Objection: No Reply: Conditions:
REPRESENTATIONS:
Neighbours: 3 letters of objection Newspaper Advert: Not required
COMMENTS: The applicant proposes to erect a three foot high wrought iron fence to the front of her property in Cathkin Crescent, Carrickstone, Cumbernauld. An application is required as a restrictive condition relating to fencing forward of the building line was applied to the original consent for the development. Objections to the proposal have been received from nearby neighbours and their comments are summarised in the accompanying report.
The request for the fencing is to prevent traclung across the applicant’s front garden and the fencing will be erected along the length of the boundary on either side of the garden, to the edge of the pavement.
Having assessed the proposal in conjunction with the objectors’ comments against the proposal I would recommend that planning consent is granted subject to conditions.
Recommendation/ RBPmdUS8dhorn me Ordnanm SUNeymBPDlnQ Wbh Telephone01236 616400 Fax 01236 616420 me pemiss1on Of the Contmllerof her MalestVs HIGH FENCE TO FRONT OF PROPERTY Ststi~newOfbQCM mpynght OS Lcence 04091 L Uneumonssd repmductlcx inhmge5 Crown mpyngM LA and may lead to prosewtion orcivil pmceedmgs -2-
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 the development hereby permitted is started, full details of the design of fence to be erected shall be submitted to, and approved in writing by the Planning Authority.
Reason : In the interest of visual amenity.
3. That the three foot high wrought iron fence shall be erected on the alignment outlined in green on the approved plan.
Reason : To ensure that the fence is erected in accordance with the approved plans.
List of Background Papers:
Application form and plans dated 9&July 200 1
Consultation response from Transportation Manager (Northern) Letters of objection from Mr., & Mrs. Foster, 39 Cathkin Crescent, dated 12' July 2001; Mrs. A. Vernel, 43 Cathkin Crescent, dated 12' July 2001; Ms. G. Yau, 35 Cathkin Crescent, dated 14' July 2001. Letter from applicant dated 29' August 200 1
Any person wishing to inspect the above background papers should telephone 01236-616476 and ask for Mr. Lawlor. APPLICATION NO: N/01/00859/FuL
1. SITE AND PROPOSAL
1.1 The application is for the erection of a three foot high wrought iron fence to the front of the applicant’s detached property in Cathkin Crescent, Carrickstone, Cumbernauld.
1.2 An application for the fence is necessary as a restrictive condition preventing the erection of any fencing forward of the building line was included in the original consent granted to Beazer Homes.
1.3 The reason for the application is to prevent tracking across the applicant’s property from young children playing nearby, causing damage to plants in her garden.
1.4 The application site lies within an existing residential area, identified as a proposed housing site in the Cumbernauld Local Plan, adopted 1993.
2. CONSULTATIONS AND OBJECTIONS
2.1 The Transportation Manager (Northern) has raised no objections to the proposal, the height of the fence being acceptable in terms of visibility and also behind the two metre wide footpath adjacent to the carriageway.
2.2 With regard to the objections which have been submitted by three adjoining neighbours, I have summarised the issues below:-
(i) the erection of a fence will create visibility problems for vehicles, particularly if young children are playing nearby, thereby creating a safety hazard; (ii) the erection of a fence will be unsightly and will affect property values in the estate; (iii) the erection of a fence would be in conflict with the open plan policy outlined in the missives; (iv) the erection of the fence will interfere with the parking arrangements of the cars in the adjoining driveways, namely 35 and 39 Cathkin Crescent; (v) The erection of the fence may affect the underground gas pipe of the property at 39 Cathkin Crescent.
3. OBSERVATIONS AND CONCLUSION
3.1 The origin of the condition to prohibit any walls, fences or other means of enclosure forward of the building line was to reinforce the open plan policy inherited from the former Cumbernauld Development Corporation, which had been applied to all their development approvals in the Carrickstone development area.
3.2 The inclusion of this condition enables the Council as Planning Authority to impose a degree of control over any future requests for fences, walls etc., ensuring a consistency in design and finish as necessary.
3.3 The choice of a wrought iron dividing fence between the properties matches that of the fence which was granted to Beazer in their original consent, to prevent tracking across the driveways at Nos. 1 and 3 Cathlun Crescent. -2-
3.4 With regard to the objections raised, I would comment as follows:-
Point (i) The use of a wrought iron fence will not be visually restrictive for car drivers reversing from adjoining driveways or negotiating the roundel nearby. It should also be noted that the Transportation Manager does not object to the proposal.
Point (ii) As mentioned above in 3.3, there is already an approved wrought iron fence in this estate and it is considered that as the front of the property will be open, there will be no impact on visual amenity, particularly for people approaching the site from the main access road;
Potential impact of the fence on the value of properties is not a valid planning concern.
Point (iii) The conditions in the missives relating to the “open plan policy” are matters which should be addressed through legal channels and not through planning legislation. The restrictive condition included in the original consent does not prohibit anyone making an application for a wall/fence etc., but prevents anyone from erecting such structures under the Permitted Development legislation existing within the Planning Acts. In any other circumstance where there was no restriction, a fence of the height proposed and in this location would not require planning consent;
Point (iv) The erection of the fence may well cause slight difficulties for cars parked in the driveways of nos. 35 and 39 Cathlun Crescent since door-opening will be restricted at the feu boundaries.. This will be an inconvenience, but it is doubtful in the proprietors of nos. 35 and 39 have the legal right to encroach on to their neighbour’s feu. This is not a planning matter, and should not influence a decision on the planning application.
Point (v) The applicant will be advised to contact the appropriate utilities before the fence is erected to ensure that they are satisfied with the methods of construction to be employed.
3.5 Having considered the proposals and the reasoning behind it, and assessed the level of objections submitted by the neighbours, I would recommend that consent is granted for the fence in the position shown on the approved plan. This will help to solve the problem of tracking across the applicant’s property and will help to establish design principles in the event of any future requests for enclosures in this area. Application No: N/O 1/0087O/FUL
Date Registered: 20thJuly 200 1
APPLICANT: MR UN FERRIE, 20 JANEFIELD PLACE, LENNOXTOWN, G66 7HN
Agent: John Kirkhope, 3 Drovehill, Cumbernauld, G68 9DL
DEVELOPMENT: ERECTION OF DWELLING
LOCATION: ‘HAZELWOOD’, HIGH BARRWOOD ROAD, KILSYTH
Ward No: 66 Grid: 272668677853 File Reference: PW Site History: CN/70/13 1 (Erection of ‘Hazelwood’)
Development Plan: Kilsyth Local Plan 1999, Policy HG3, Development Control within Existing Residential Area
Contrary to Development Plan: No
CONSULTATIONS:
Objection: No Objection: West of Scotland Water, Coal Authority No Reply: Conditions:
REPRESENTATIONS:
Neighbours: None Newspaper Advert: None
COMMENTS: This application seeks consent for the erection of a one and a half storey dwelling in the garden of the dwelling known as ‘Hazelwood’, High Barrwood Road, Kilsyth.
The application site lies to the north and in the existing side garden of ‘Hazelwood’, a bungalow, dating from the early 1970’s. The site is accessed via an unadopted track, which is currently shared by three existing dwellings.
The design of the proposed dwelling is considered to be acceptable in terms of elevations. However, the plot size is considered to be too small, with an inadequate rear garden depth and unsatisfactory vehicle parking within the front garden. The collective effect of which is considered to be over-development.
Furthermore, as the existing sub-standard lane currently serves three existing dwellings, the proposal does not comply with policy HG3 in the Local Plan, which states that three or more dwellings shall be served by a road constructed and designed to adoptable standards.
This application is therefore recommended for refusal.
RECOMMENDATION: Refuse for the following reasons :-
1. In the interests of residential amenity, in that the proposal is considered to be contrary to policy HG3 in the Kilsyth Local Plan 1999. This is because it is not considered to be in keeping with the scale and character of the surrounding area, is considered to be over-development and does not provide accommodation for two vehicles behind the front elevation.
2. In the interests of road safety in that the proposal is contrary to policy HG3 in the Kilsyth Local Plan 1999, as it would lead to more than three dwellings being served off an unadopted, sub-standard private access.
3. If approved, the proposal would set a precedent that would make it difficult for the Planning Authority to refuse other similar applications, in the interests of residential amenity.
List of Background Papers:
Application form and plans Kilsyth Local Plan 1999 Consultation response from Transportation Manager dated 27' August 200 1
Any person wishing to inspect these documents should contact Paul Williams on 01236-61 6464 APPLICATION NO: N/01/00870WUL
1. SITE AND PROPOSAL
1.1 This application seeks consent for the erection of a one and a half storey dwelling to the north of the existing dwelling ‘Hazelwood’, on land which currently makes up the side garden of the dwelling.
1.2 The site covers an area of approximately 440 square metres and is accessed from High Bamvood Road off an unmade-up track, which currently serves three dwellings.
1.3 The site is zoned within residential policy HG3 in the Kilsyth Local Plan 1999, which seeks to promote appropriately designed residential development.
1.4 The proposed dwelling is one and a half storeys and of a traditional design with dormers to the front and finished in traditional materials. It comprises of lounge, dining and family rooms on the ground floor with three bedrooms on the first floor.
2. CONSULTATIONS AND OBJECTIONS
2.1 No objections have been received as a result of neighbour notification.
2.2 West of Scotland Water and The Coal Authority have expressed no objections to the proposal.
2.3 However, The Transportation Manager has recommended that the proposal is refused, as it will result in four dwellings being served off a sub-standard unadopted access with limited junction visibility, to the detriment of road safety.
3. OBSERVATIONS AND CONCLUSION
3.1 The design of the proposed dwelling is considered to be acceptable in terms of elevations. However, in terms of scale it is considered to be too large for the site thus resulting in the potential overdevelopment of the plot.
3.2 The surrounding area is characterised by reasonably large plot developments with capacious gardens. However, the dwelling as proposed does not comply with Council space standards, as the rear garden does not have a minimum depth of 10 metres with a depth of only 6.6 metres. Furthermore, the proposal does not accommodate two parlung spaces behind the front elevation.
3.3 This means that the proposal appears cramped and incongruous in terms of the surrounding residential character and does not comply with the criteria of policy HG3 in the Kilsyth Local plan.
3.4 As such, the proposal is considered to be overdevelopment and not in the interests of residential amenity.
3.5 Furthermore, the proposal would lead to the unsatisfactory intensification of a sub-standard access with limited junction visibility, to the detriment of road safety.
3.6 This application is therefore recommended for refusal for the above reasons. Application No.: N/O 1/00908/TPO
Date Registered: 27' July 200 1
APPLICANT: MR BFUAN NEILLY, 16 MOUNT HAFU2lET DRIVE, STEPPS, G33 6DS
Agent:
DEVELOPMENT: FELLING OF TREE
LOCATION: 16 MOUNT HARRIET DRIVE, STEPPS
Ward: 70
Grid Reference: 265967 668863
File Reference: MT
Site History: Previous Planning Application N/OO/O115 1/TPO
Development Plan Strathkelvin Southern Area Local Plan 1983 Northern Corridor Local Plan, Finalised Draft, 2000
Contrary to Development Plan: NO
CONSULTATIONS:
Objection: Landscape Services Manager No Objection: Conditions: No Reply:
REPRESENTATIONS:
Neighbours: None Newspaper Advertisement: Not required
COMMENTS: This application seeks permission for the felling of a tree at 16 Mount Harriet Drive, Stepps. The tree is the subject of a Tree Preservation Order which was confirmed by Strathkelvin District Council on the 10" September 1987. The tree in question is a sycamore tree, which is located within the side garden of the house.
The applicant wishes to remove the tree because they consider that it is interfering with and causing damage to the drains which are located under the driveway adjacent to the tree. Furthermore they consider that the sap from the tree, which is falling on top of the cars parked beneath it, is attracting wasps. The applicant proposes to ameliorate the loss of the protected tree by planting two less substantial trees of a different species. One of these trees will be located in the rear garden and the other will be located in the side garden.
The local member has requested that a site visit be carried out prior to the Planning and Environment Committee reaching a decision. \ RECOMMENDATION:
Refuse on the following grounds: -
1 That the removal of this protected tree, which is an important landscape feature would result in an adverse effect on an area of high quality design located within an Area of Special Control.
2 That no overriding reason for justifying the removal of this important protected tree has been presented.
3 That the proposal is contrary to the terms of policies ENV 16, ENV 2 1 and ENV 24 of the Northern Corridor Local Plan (finalised draft) 2000.
4 That the approval of this proposal would establish an undesirable precedent which would be difficult to oppose in other locations.
List of Background Papers:
Application forms and plans received 24' July 200 1 Strathkelvin Southern Area Local Plan 1983 Northern Corridor Local Plan (Finalised Draft) 2000 Planning Application N/OO/OOI 15 l/TPO
Any person wishing to inspect these documents should contact Mark Thomson on 01236 616466. APPLICATION NUMBER: N/01/00908/FUL
REPORT
1. Description of Site and Proposal
1.1 This application seeks permission for the felling of a tree at 16 Mount Harriet Drive, Stepps. The tree in question is a mature sycamore tree located in the garden to the side of this stone built semi- detached house. The tree is covered by a Preservation Order which was confirmed by Strathkelvin District Council on the lO* September 1987.
1.2 The applicant proposes to remove the tree because they consider that its roots are causing damage to the existing drains which are within the vicinity of the tree. The applicant has also indicated that sap from the tree is attracting wasps to the garden. The applicant plans to replace the existing tree with two trees of a different species. One of these will be located near to the tree they plan to remove; the other will be located in the rear garden.
2. Background
2.1 Of particular relevance to this proposal is the planning application N/OO/OO115 1/TPO. Previously Mr Neilly submitted an application seeking to remove the same tree. On that occasion Mr Neilly asserted that the tree was causing a wasp problem and that the roots of the tree were causing damage to the existing drains. That application refused by the Planning and Environment Committee on the 15* November 2000.
2.2 On the 9* March 2001 the applicant wrote to the Department restating that the roots of the tree were causing damage to the drains. On that occasion the Council’s arboricultural officer investigated these claims and it was his opinion that the damage to the drains was probably an existing problem and not one which the roots of the tree were causing. Consequently if these pipes were repaired and properly sealed then further intrusion by the tree’s roots would be unlikely to occur.
3. Development Plan
3.1 Under the Strathkelvin Southern Area Local Plan 1983 the application site lay within an Area of Special Control, whilst the Northern Corridor Local Plan (Finalised Draft) 2000 designates it an Area of Special Character. Policy ENV 21 of the Northern Corridor Local Plan 2000 states that all proposals within this area will be subject to rigorous scrutiny and in all cases the Council will require to be satisfied that proposals will maintain or enhance the area’s character.
3.2 Policy ENV 24 of the Northern Corridor Local Plan 2000 recognises the importance of existing landscape features on the general character and appearance of an area. The tree is an individually protected tree within an area of high residential amenity.
3.3 Policy ENV 16 of the Northern Corridor Local Plan 2000 encourages the promotion of Tree Preservation Orders for trees which are important landscape features. This policy presumes against development unless it can be proven that the proposal will not affect the appearance of protected trees. The same policy presumes against the felling, lopping or topping of protected trees unless the works are for the proper management of the tree or that the tree is assessed to be dangerous.
4. Representations and Consultations
4.1 An objection to the proposal has been received from the Landscape Services Manager, who has commented that the tree is located within an Area of Special Control under the Strathkelvin Local Plan. Within this area features such as trees help to contribute to the area’s character. In addition, the tree is healthy and it neither blocks any windows of the house nor over shadows any part of the garden. It is the opinion of the Landscape Services Manager that the problems indicated by the applicant with regard to wasps and drains are not a valid justification for felling the tree.
4.2 No other objections or representations were received.
5. Planning Assessment and Conclusions
5.1 The existing sycamore tree is an important landscape feature which contributes significantly to an area of high amenity. The site lies within an area that has previously been identified as an Area of Special Control in the Strathkelvin Southern Area Local Plan and as an Area of Special Character in the Northern Corridor Local Plan. Local Plan policy presumes against proposals like these which will result in the loss of features such as mature trees, which will undermine the amenity and character of the area. Local Plan policy also presumes against the loss of protected trees unless they are assessed to be dangerous. Consultation with the Council’s arboricultural officer has confirmed that this is not the case with this particular tree. It is also the opinion of the arboricultural officer that the tree is not causing damage to the existing drainage but merely exploiting drains which are already in disrepair. In conclusion it is considered that the removal of the tree in order to resolve the seasonal problem of wasps and in order to prevent further damage to drains which are already damaged is extreme. Application No: N/O 1/00927FUL
Date Registered: 27*, July 2001
APPLICANT: REDROW HOMES (SCOTLAND) LTD., REDROW HOUSE, 3 CENTRAL PARK AVENUE, LARBERT FK5 4RX
Agent: Bracewell Stirling Architects, 3 8 Walker Terrace, Tillicoultry FK13 6EF
DEVELOPMENT: ERECTION OF 30 DWELLINGS ON LAND EXCLUDED FROM PREVIOUSLY APPROVED RESIDENTIAL DEVELOPMENT
LOCATION: JOHN G. RUSSELL (TRANSPORT) LTD., ALLISON PLACE, GARTCOSH
Ward No: 68 Grid: 269471 - 667934 File Reference: MD Site History: 1967: Detailed planning permission granted for road transport maintenance depot on part of site. P/94/77: Planning application for Residential Development (Outline) called in by Strathclyde Regional Council and refused permission. Appeal dismissed in March 1996 for greenbelt and excessive local development reasons. N/96/0 178/PL: Planning application for Residential Development and Erection of Station (Outline) called in by the Secretary of State and approved in December 1998. N/98/0 1549/OUT: Residential Development for over 200 dwellings (Outline) approved in May 1999. N/OO/OO945/FUL: Residential Development for 268 dwellings on immediately adjacent land - Approved in December 2000
Development Plan: Strathkelvin District Southern Area Local Plan 1983: Greenbelt (E.PR02) and Tree Planting (E.IMP7) Northern Corridor Finalised Draft Local Plan 2000: Housing Opportunity (HG 1/ 10)
Contrary to Development Plan: Yes
CONSULTATIONS:
Objection: No Objection: No Reply: Conditions:
Representations/ FULL RESIDENTIAL SITE
APPLl CAT1ON SITE
(SCOTLAND) LTD , ALLISON PLACE G67 1DZ GARTCOSH ERECTION OF 30 DWELLINGS ON LAND Repicduc& horn the OTdnmce Survey mapping With Telephone 01236 616400 Fax. 01236 616420 vie permisnon of the Ccnwolier of her Maieoly's EXCLUDED FROM PREVIOUSLY APPROVED 1:5000 Slat~oneryOIflce@Crowwpr~ehl Unauthonnedroprodudlon Inhinges Cram sopflght OS Licence LA 04091L RESIDENTIALDEVELOPMENT and may Isad to pms~sulionor clvit pr~~eedingr -2-
REPRESENTATIONS:
Neighbours: None Newspaper Advert: Not Required
COMMENTS: The application is for the erection of 30 dwellings on land off Allison Place, Gartcosh. The relevant areas are part of the full residential development site originally granted outline planning permission but were excluded from the detailed residential permission due to the southern area having unknown ownership and the northern area being originally considered as a potential station site. Residential development of these areas has been anticipated.
There is a related planning application (N/O 1/00928/AMD) before Committee covering an amendment to the previously approved residential layout on adjacent land. This allows an effective re- design of this section of the residential area.
There are no objections to the proposed 30 dwellings which acceptably relate to the full development and which do not create any over development problems. It is recommended that planning permission be granted.
RECOMMENDATION: Approve subject to the following conditions:-
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To incorporate the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That before the approved residential development starts, a) a railway noisehibration survey with any necessary remedial measures must be submitted, and b) approval must be obtained from the Planning Authority for remedial measures for railway noise/vibration, for on-site contamination, for any leachate production and for underground mineral conditions; thereafter works shall take place in accordance with the approved remedial measures.
Reason: In the interests of public safety and public health.
3. That no dwellinghouse shall be occupied until an adoptable standard footpath link fi-om the east of the site to Gartloch Road or Lochend Road has been established in accordance with details which are required to be submitted to and approved by the Planning Authority, including any modifications as may be required.
Reason: In the interests of public safety and public health.
4. That/ -3-
4. That before the residential development hereby permitted starts, full details andor samples of all external materials to be used in construction, including walls, roofs, windows, doors, gutters and downpipes, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: To enable the Planning Authority to consider these aspects in detail.
5. That before the residential development hereby permitted starts, full details of the design and location of all walls, fences and features to be erected on site shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: To enable the Planning Authority to consider these aspects in detail.
6. That before any of the dwelling houses hereby permitted, situated on the site upon which a fence or wall is to be erected are occupied, the fence, or wall as approved under the terms of condition 5 above, shall be erected.
Reason: To safeguard the amenity of the future residents.
7. That notwithstanding the provisions to the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, integral garages shall not be altered for use as habitable rooms without the consent of the Planning Authority.
Reason: To enable the Planning Authority to retain effective control and to ensure the provision of adequate parking facilities within the plots.
8. That residential development shall not commence until a scheme of landscaping for the full Allison Place residential development area is submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and the landscaping scheme shall include:-
a) details of any earth moulding and hard landscaping, grass seeding and turfing; b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted (which shall be designed in part to deter informal access to Garnkirk Moss); c) an indication of all existing trees, hedgerows and other habitats and species plus details of those to be retained, and measures for their protection, in the course of development. d) details of footpaths. e) details of the phasing and timings of these works.
Reason: In the interests of the landscape setting of the site and the wider area.
9. That/ -4-
9. That in accordance with the landscape phasing approved under condition 8 above or within one year of the occupation of the last dwellinghouse within the full Allison Place residential development area whichever is the earlier, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting approved under condition 8 above shall be completed and any trees, shrubs or areas of grass which die, are removed, damaged or become diseased shall be replaced within the following year with others of a similar size and species or such other scheme as is to the satisfaction of the Planning Authority;
Reason: In the interests of the landscape setting of the site.
10. That before the residential development hereby permitted starts, a scheme, for the provision of equipped play areas within the full Allison Place residential development area shall be submitted to and approved in writing by the Planning authority, including any modification as may be required, as this shall include:-
a) details of the type and location of play equipment, seating and litterbins to be situated within the play areas; b) details of the surface treatment of the play areas, including the location and type of safety surface to be installed; c) details of the fences to be erected around the play areas; d) details of the phasing of these works.
Reason: To ensure the provision of adequate play facilities within the site.
11. That in accordance with the play area phasing approved under condition 10 above or before the occupation of the last 5 dwellinghouses within the full Allison Place residential development area whichever is the earlier, all the works required for the provision of the equipped play areas included in the scheme approved under condition 10 above shall be completed.
Reason: To ensure the provision of adequate play facilities within the site.
12. That residential development shall not commence until a management and maintenance scheme for the full Allison Place residential development area is submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include proposals for the continuing care, maintenance and protection of:-
a) the proposed footpaths; b) the proposed parking areas; c) the proposed play areas; d) the proposed grassed, planted and landscaped areas; e) the proposed fences to be erected along the boundaries;
Reason: To ensure effective future maintenance.
13. For/ -5-
13. For the avoidance of doubt, the management and maintenance scheme approved under condition 12 above shall be implemented concurrently with the timing and phasing of landscaping works approved under condition 8 (e) above, or prior to the formation of footpaths, parking areas, play areas or fences, whichever is appropriate.
Reason: To ensure effective future maintenance.
14. That all accesses, roads and parking areas shall be designed and constructed to an adoptable standard to the satisfaction of North Lanarkshire Council as Planning and Roads Authority.
Reason: To ensure satisfactory and safe vehicular and pedestrian provision.
15. That no dwellinghouse shall be occupied until the access roads and footways leading from the existing public road to that dwellinghouse have been constructed to base course level.
Reason: In the interests of traffic safety and to ensure satisfactory road circulation within the site.
16. That before the last dwellinghouse permitted within the full Allison Place residential development area is occupied all roads and footways referred to shall be completed to final wearing course.
Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings.
17. That drainage works shall be to the satisfaction of the Planning Authority, West of Scotland Water and the Scottish Environment Protection Agency and shall comply with appropriate good practice and design guidance in respect of Sustainable Urban Drainage Systems.
Reason: In the interests of amenity and public health in relation to drainage.
18. 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 undertaker's apparatus.
List of Background Papers:
Application form, plans and amended plans Planning permission N/OO/OO945/FUL - Approved in December 2000 for the erection of 268 dwellings at Allison Place, Gartcosh Strathkelvin Southern Area Local Plan 1983 Northern Corridor Finalised Draft Local Plan 2000 Section 75 Legal Agreement (Town and Country Planning) (Scotland) Act 1997
Any person wishing to inspect these documents should contact Martin Dean on 01236-616459
i/plan/committee APPLICATION NO: N/01/00927/FUL
1. SITE AND PROPOSAL
1.1 The application is for the erection of 30 dwellings on land excluded from the previous detailed approval for residential development at Allison Place, Gartcosh. The application site covers 0.7 hectares, whereas the full residential development area covers 12.5 hectares. The original outline planning permission for residential development (N/96/00 178/FUL) covers the current application site and was approved in December 1998.
1.2 The current application site was excluded from the previous detailed planning permission (N/OO/OO945/FUL) due to part being set aside as a potential station site and part having unknown ownership. There is however now no requirement for a station reserve area as Gartcosh Station is now proceeding on the opposite side of the M73 motorway. Ownership has now been established for the southern leg of the site.
1.3 The proposed development corresponds with the house types and layout styles previously approved for the full residential development area.
1.4 It should be noted that there is a related application (N/O1/00928/AMD) for amendments to the adjacent section of previously approved residential development in order that it properly relates to the 30 new dwellings covered by this current application. The amendments covered by the related application result in six less houses in the previously approved area leading to a proposed total of 290 dwellings for the full development area.
2. DEVELOPMENT PLAN
2.1 Under the Strathkelvin Southern Area Local Plan 1983 the site is covered by the following policies:-
E.PRO2: Greenbelt E.IMP7: Tree Planting.
2.2 The site is covered by the following policy in the Northern Corridor Finalised Draft Local Plan 2000:-
HG1/10: Housing Opportunity
2.3 It should be noted that the emerging local plan is a material consideration due to its advanced stage and the dated nature of the adopted local plan.
3. CONSULTATIONS AND REPRESENTATIONS
3.1 Full consultations were carried out for the previous detailed application for the erection of 268 dwellings. There are no adverse consultation comments to the current proposals which have been amended to meet the requirements of the Transportation Manager.
3.2 No representations from members of the public have been received.
4./ -2-
4. OBSERVATIONS AND CONCLUSION
4.1 There are no objections to the principle of the residential development on the application site now that the issues of land ownership and the position of the Gartcosh station have been resolved. The detail of the proposed development is acceptable in that it replicates the layout styles and the house types previously approved for the main residential development area.
4.2 Taking account of the above there are no objections to the proposed housing on the application site and it is recommended that planning permission be granted.
4.3 It should be noted that a Section 75 Legal Agreement has previously been entered into concerning a &250,000 contribution towards Gartcosh Station and the funding of speed signage, a pelican crossing and traffic calming measures. Application No: N/O 1/00928/AMD
Date Registered: 2"d August 200 1
APPLICANT: REDROW HOMES (SCOTLAND) LTD., REDROW HOUSE, 3 CENTRAL PARK AVENUE, LARBERT FK5 4RX
Agent: Bracewell Stirling Architects, 38 Walker Terrace, Tillicoultry FK13 6EF
DEVELOPMENT: AMENDMENT TO PREVIOUSLY APPROVED RESIDENTIAL DEVELOPMENT
LOCATION: JOHN G. RUSSELL (TRANSPORT) LTD., ALLISON PLACE, GARTCOSH
Ward No: 68 Grid: 269471 - 667934 File Reference: MD Site History: 1967: Detailed planning permission granted for road transport maintenance depot on part of site. P/94/77: Planning application for Residential Development (Outline) called in by Strathclyde Regional Council and refused permission. Appeal dismissed in March 1996 for greenbelt and excessive local development reasons. N/96/0 178/PL: Planning application for Residential Development and Erection of Station (Outline) called in by the Secretary of State and approved in December 1998. N/98/0 1549/OUT: Residential Development for over 200 dwellings (Outline) approved in May 1999. N/OO/OO945/FUL: Residential Development for 268 dwellings on immediately adjacent land - Approved in December 2000
Development Plan: Strathkelvin District Southern Area Local Plan 1983: Greenbelt (E.PR02) and Tree Planting (E.IMP7) Northern Corridor Finalised Draft Local Plan 2000: Housing Opportunity (HG1/10)
Contrary to Development Plan: Yes
CONSULTATIONS:
Objection: No Objection: No Reply: Conditions:
Representations1 FULL RESIDENTIAL SITE
APPLICATION SITE
S(SC0TLAND) LTD
G67 IDZ GARTCOSH Repmdua from the hdnsnca Suwey mapping with Telephone 01236 616400 Fax. 01236 616420 AMENDMENT TO PREVIOUSLY APPROVED vie prmirrion of ~e Canlrdler of her Maiesly's :5ooo StDlloneiy Gfke,.0 Crow copyighl ,, Unauthollsad reproduction infringer Crow copynghl OS Licence LA 04091L RESIDENTIAL DEVELOPMENT and may lead 10 pmsesutlonor dvil proswdinga -2-
REPRESENTATIONS:
Neighbours: None Newspaper Advert: Not Required
COMMENTS: The application is for alterations to the previously approved layout on the eastern section of the proposed residential development at Allison Place, Gartcosh. The alterations are mainly to accommodate proposed additional dwellings on land associated with the residential development (see companion application N/O 1/00297/FUL).
There are no objections to the proposed amendments which acceptably accord with the previously approved layout themes. It is recommended that planning permission be granted.
RECOMMENDATION: Approve subject to the following conditions:-
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To incorporate the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That before the approved residential development starts, a) a railway noisejvibration survey with any necessary remedial measures must be submitted, and b) approval must be obtained from the Planning Authority for remedial measures for railway noise/vibration, for on-site contamination, for any leachate production and for underground mineral conditions; thereafter works shall take place in accordance with the approved remedial measures.
Reason: In the interests of public safety and public health.
3. That no dwellinghouse shall be occupied until an adoptable standard footpath link from the east of the site to Gartloch Road or Lochend Road has been established in accordance with details which are required to be submitted to and approved by the Planning Authority, including any modifications as may be required.
Reason: In the interests of public safety and public health.
4. That/ -3-
4. That before the residential development hereby permitted starts, full details andor samples of all external materials to be used in construction, including walls, roofs, windows, doors, gutters and downpipes, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: To enable the Planning Authority to consider these aspects in detail.
5. That before the residential development hereby permitted starts, full details of the design and location of all walls, fences and features to be erected on site shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: To enable the Planning Authority to consider these aspects in detail.
6. That before any of the dwellinghouses hereby permitted, situated on the site upon which a fence or wall is to be erected are occupied, the fence, or wall as approved under the terms of condition 5 above, shall be erected.
Reason: To safeguard the amenity of the future residents.
7. That notwithstanding the provisions to the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, integral garages shall not be altered for use as habitable rooms without the consent of the Planning Authority.
Reason: To enable the Planning Authority to retain effective control and to ensure the provision of adequate parking facilities within the plots.
8. That residential development shall not commence until a scheme of landscaping for the full Allison Place residential development area is submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and the landscaping scheme shall include:-
a) details of any earth moulding and hard landscaping, grass seeding and turfing; b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted (which shall be designed in part to deter informal access to Garnkirk Moss); c) an indication of all existing trees, hedgerows and other habitats and species plus details of those to be retained, and measures for their protection, in the course of development. d) details of footpaths. e) details of the phasing and timings of these works.
Reason: In the interests of the landscape setting of the site and the wider area.
9. That/ -4-
9. That in accordance with the landscape phasing approved under condition 8 above or within one year of the occupation of the last dwellinghouse within the full Allison Place residential development area whichever is the earlier, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting approved under condition 8 above shall be completed and any trees, shrubs or areas of grass which die, are removed, damaged or become diseased shall be replaced within the following year with others of a similar size and species or such other scheme as is to the satisfaction of the Planning Authority;
Reason: In the interests of the landscape setting of the site.
10. That before the residential development hereby permitted starts, a scheme, for the provision of equipped play areas within the full Allison Place residential development area shall be submitted to and approved in writing by the Planning authority, including any modification as may be required, as this shall include:-
a) details of the type and location of play equipment, seating and litterbins to be situated within the play areas; b) details of the surface treatment of the play areas, including the location and type of safety surface to be installed; c) details of the fences to be erected around the play areas; d) details of the phasing of these works.
Reason: To ensure the provision of adequate play facilities within the site.
11. That in accordance with the play area phasing approved under condition 10 above or before the occupation of the last 5 dwellinghouses within the full Allison Place residential development area whichever is the earlier, all the works required for the provision of the equipped play areas included in the scheme approved under condition 10 above shall be completed.
Reason: To ensure the provision of adequate play facilities within the site.
12. That residential development shall not commence until a management and maintenance scheme for the full Allison Place residential development area is submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include proposals for the continuing care, maintenance and protection of:-
a) the proposed footpaths; b) the proposed parking areas; c) the proposed play areas; d) the proposed grassed, planted and landscaped areas; e) the proposed fences to be erected along the boundaries;
Reason: To ensure effective future maintenance.
13. For/ -5-
13. For the avoidance of doubt, the management and maintenance scheme approved under condition 12 above shall be implemented concurrently with the timing and phasing of landscaping works approved under condition 8 (e) above, or prior to the formation of footpaths, parking areas, play areas or fences, whichever is appropriate.
Reason: To ensure effective future maintenance.
14. That all accesses, roads and parlung areas shall be designed and constructed to an adoptable standard to the satisfaction of North Lanarkshire Council as Planning and Roads Authority.
Reason: To ensure satisfactory and safe vehicular and pedestrian provision.
15. That no dwellinghouse shall be occupied until the access roads and footways leading from the existing public road to that dwellinghouse have been constructed to base course level.
Reason: In the interests of traffic safety and to ensure satisfactory road circulation within the site.
16. That before the last dwellinghouse permitted within the full Allison Place residential development area is occupied all roads and footways referred to shall be completed to final wearing course.
Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings.
17. That drainage works shall be to the satisfaction of the Planning Authority, West of Scotland Water and the Scottish Environment Protection Agency and shall comply with appropriate good practice and design guidance in respect of Sustainable Urban Drainage Systems.
Reason: In the interests of amenity and public health in relation to drainage.
18. 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 undertaker's apparatus.
List of Background Papers:
Application form, plans and amended plans Planning permission N/OO/OO945/FUL - Approved in December 2000 for the erection of 268 dwellings at Allison Place, Gartcosh Strathkelvin Southern Area Local Plan 1983 Northern Corridor Finalised Draft Local Plan 2000 Section 75 Legal Agreement (Town and Country Planning) (Scotland) Act 1997
Any person wishing to inspect these documents should contact Martin Dean on 01236-616459
i/plan/reports APPLICATION NO: N/01/00928/AMD
1. SITE AND PROPOSAL
1.1 The application is for alterations to the previously approved layout on the eastern section of the proposed residential development at Allison Place, Gartcosh. Detailed planning permission (N/00/00945/FUL) was approved in December 2000 for the erection of 268 dwellings. The alterations are mainly to accommodate proposed additional dwellings on separate land associated with the residential development (see companion application N/O 1/00927/FUL). The current application site covers 2.1 hectares, whereas the full residential development area covers 12.5 hectares.
1.2 The proposed development corresponds with the house types and layout styles previously approved for the full residential development area. Proposed amendments result in six less dwellings in the area covered by previous detailed approval. In total, incorporating the 30 dwellings covered by related application N/01/00927/FUL, it is now proposed that there be 290 dwellings on the full development site. 2. DEVELOPMENT PLAN
2.1 Under the Strathkelvin Southern Area Local Plan 1983 the site is covered by the following policies:-
E.PRO2: Greenbelt E.IMP7: Tree Planting.
2.2 The site is covered by the following policy in the Northern Corridor Finalised Draft Local Plan 2000:-
HG1/10: Housing Opportunity
2.3 It should be noted that the emerging local plan is a material consideration due to its advanced stage and the dated nature of the adopted local plan.
3. CONSULTATIONS AND REPRESENTATIONS
3.1 Full consultations were carried out for the previous detailed application for the erection of 268 dwellings. There are no adverse consultation comments to the current proposals which have been amended to meet the requirements of the Transportation Manager.
3.2 No representations from members of the public have been received.
4. OBSERVATIONS AND CONCLUSION
4.1 The proposed amendments are considered acceptable in that they replicate the layout styles and the house types previously approved for the full residential development area.
4.2 Taking account of the above there are no objections to the proposed housing on the application site and it is recommended that planning permission be granted.
4.3 It should be noted that a Section 75 Legal Agreement has previously been entered into concerning a &250,000 contribution towards Gartcosh Station and the funding of speed signage, a pelican crossing and traffic calming measures. Application No. C/98/0 1726iMIN Date registered 29th December 1998 APPLICANT TARMAC NORTHERN LTD, TECHNICAL SERVICES DEPARTMENT, PO BOX 8723, BELLSHILL, ML4 3WF
Agent Johnson Poole & Bloomer, The Pentagon Business Centre, Unit 105, 36 Washington Street, Glasgow, G3 8AZ DEVELOPMENT EXTENSION TO HARD ROCK QUARRY, INCLUDING DEEPENING OF EXISTING AREAS OF EXTRACTION LOCATION CAIRNEYHILL QUARRY FORREST ROAD CALDERCRUIX AIRDRIE
Ward No. 52 Grid Reference 285045 666345
File Reference
Site History There have been several previous applications for the site as follows:- 1. Permission granted 6/9/48 for working of whinstone, App No. 35871551203 2. Permission granted 21/1/60 for extension to quarry, App No. P/M/58/1181. 3. Permission granted 2/6/65 for continuation of extraction of whinstone, App No. PiM/65/65//294. 4. Permission granted 918.167 for working of minerals and installation of storage hoppers, App No. PM67/498. 5. Permission granted 29/3/76 for extension to quarry, App No. MW75/23. Not implemented and lapsed 3 1/2/86. 6. Permission granted 5/7/77 for the erection of two workshops, App No. P77068. 7. Permission refused 18/12/87, App No. M87324, extraction of whinstone for area previously subject of App No. MW75123, refused due to lack of information and applicant unwilling to enter into a Section 50 Agreement. 8. Permission granted 26/2/99, App No. P88007, for permission to extract whinstone for 15 years for extension to area covered by MW75/23 and M87324. 9. Permission granted 11/12/90, App No. P90553, for the erection of a temporary office and formation of a car park. 10. C/99/00096/ENV Determination of Conditions under The Initial Review in accordance with Schedule 9 of Section 74 of The Town And Country Planning (Scotland) Act 1997 For The Winning And Working Of Whinstone issued on 13 June 200 1
Development Plan GB2 - Restrict Development In Countryside Around Towns LI1/3 - Landscape Improvements (Medium Quality Landscape)
Contrary to No Development Plan
CONSULTATIONS
Objection No Objection SEPA, West of Scotland Water, The Health and Safety Executive, The Coal Authority, Transco, The Scottish Executive Development Department, Historic Scotland Conditions SNH, CSCT, West of Scotland Archaeology Service, RSPB, NLC Community Services No Reply Caldercruix Community Council, Scottish Wildlife Trust
REPRESENTATIONS Neighbours No Response
R9801726 - e- - PI U^ /- --_1 /-- -- YZ?=+ - \se- ___--_ __------A ,------Produced y cepartme:t of Planning and Environment PLANNING APPLlCATlON NO C/98/01726/MIN Directorate Support Unit EXTENSION TO HARD ROCK QUARRY, INCLUDING Suite 501 Fleming House 2 Tryst Road DEEPENING OF EXISTING AREAS OF EXTRACTION CUMBERNAULD G67 1 JW AT CAIRNEYHILL QUARRY FORREST ROAD A Telephone 01236616210 =ax 01236 616232 CALDERCRUIX AlRDRlE ~- ~.20000 Thls copy has been pioduced specificaliy for Piannlng and Building Control purposes only OS Licence L4 09041 L further copies may be made _____. __No - .- - Newspaper No Response Advertisement
COMMENTS The application is for an extension to and deepening of the existing operations at Cairneyhill Quarry, Caldercruix. The proposal is to extract approximately 650,000 tonnes of rock per annum over a 30year period for various products including asphalt and other bitmac products, concrete, concrete blocks, and roadstone. It is proposed to restore the site for nature conservation by forming; a lake, wetland habitat, woodland planting and rough pasture. Following consultation and discussion with the applicant, details of which are contained in the attached report there are no objections to the proposal subject to conditions. I consider that the proposal conforms to the requirements of the development plan and should not significantly impact on the environment or local residents. If the Committee is minded to grant consent this should not be issued until a satisfactory Section 75 agreement with the owner/developer is concluded and a bond relating to the restoration is lodged with the Council.
RECOMMENDATION
Grant, subject to the following conditions:-
1. That the development hereby permitted shall be started within five years of the date of the permission and the applicant shall give the Planning Authority at least 7 days notice of the date of commencement of work.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 and advise the Planning Authority of the start of operations.
2. That throughout the duration extraction and restoration works a copy of the planning permission hereby determined shall be made available on site to any interested parties.
Reason : To permit reasonable access to this information.
3. That the extraction of minerals at the site shall cease on 31 December 2031.
Reason : In order to define the life of the operations in line with the proposed phasing plan.
4. That the quarry shall be restored in a progressive manner based on the details contained in the document prepared by Farningham McCreadie dated December 1998 and the plans hereby approved. Prior to the commencement of each new phase full restoration plans, details and a method statement in relation to the previous phase shall be submitted to and be approved in writing by the Planning Authority.
Reason : These details have not been submitted and to ensure the satisfactory restoration of the site.
5. That before the development hereby permitted starts a timetable for the implementation of the works approved under the terms of condition (4) above shall be submitted to and be approved in writing by the Planning Authority.
Reason : These details have not been submitted.
6. That the restoration of the quarry shall be implemented in accordance with the timetable approved under the terms of condition (5) above and be completed by 31'' December 2032 unless otherwise approved in writing by the Planning Authority.
Reason : To ensure the restoration of the site within a satisfactory timescale.
R9801726 7. That all storage of rock, processed materials and spoil shall be located within the quarry void and before the development hereby permitted starts details, including plans showing the position of storage areas and the height of spoil and soil storage heaps, shall be submitted to and approved in writing by the Planning Authority.
Reason: These details have not been submitted.
That within 6 months of the cessation of quarrying activities all buildings, plant, machinery and areas of hardstanding including the internal access roads shall be removed to the satisfaction of the Planning Authority.
Reason : To accord with the terms of the previous consents.
That the operator shall notify the Planning Authority in writing of the date of completion of the excavation and the date of the completion of restoration at the site within one week of each taking place.
Reason : In order that the Planning Authority can retain effective control.
10. That prior to the completion of any individual phase of restoration, a detailed scheme for the aftercare of the phase for a period of five years from the completion of the restoration works shall be submitted to and approved by the Planning Authority. This scheme shall include a breakdown of the works to be undertaken and the timescales associated with those works.
Reason : To accord with the previous consent and to ensure the satisfactory aftercare of the site.
11. That the aftercare scheme approved under the terms of condition (10) above shall be implemented in accordance with the approved timescales.
Reason : To ensure that a satisfactory aftercare scheme is implemented.
12. That the site shall be operated in such a manner as to minimise the transmission of airborne particulate arising from site operations and to prevent dust from migrating off-site. In this regard, insofar as is reasonably practical, the operator will ensure that the best practice methodologies set out in PAN 50 are adopted.
Reason : In the interests of the amenity of the area and of adjacent residents.
13. That insofar as is reasonably practical, the operator will ensure that the best practice methodologies in terms of noise set out in PAN 50 are adopted. All vehicles, plant and machinery operated within the site shall be maintained in accordance with the manufacturer’s specification at all times, and shall be fitted with, and use, effective silencers.
Reason : In the interests of the amenity of the area and of adjacent residents.
14. That with the exception of cases of emergency, such as misfire or failure of the blast process all blasting operations shall be limited to the following times and no blasting shall be undertaken at weekends or on local public holidays: Monday - Friday - 1O:OO to 17:OOhrs Details of any blasting outwith these times shall be submitted within 2 working days to the Planning Authority for its approval.
Reason : In the interests of the amenity of adjacent residents.
15. That no blasting operation shall take place which will result in ground vibration with a resultant peak particle velocity greater that lOmm per second measured at the nearest occupied dwelling to such operations, and 95% of all blasts shall be no greater that 6mm per second.
Reason : In the interests of the amenity of adjacent residents and to protect local wildlife.
R980 1726 16. That the best practical means shall be employed to minimise air over pressure resulting from blasting operations. In any event, a figure of 125 dB linear should be regarded as the maximum level of air over pressure.
Reason : In the interests of the amenity of adjacent residents and to protect local wildlife.
17. The operator shall notify the occupiers of Forrest Farm in advance of any blast, the notification shall indicate the intended blasting time, details of the method of notification shall be submitted to and approved in writing by the Planning Authority before any blasting takes place.
Reason : In the interests of the amenity and safety of those residents.
18. All blasts shall be monitored and records, including details of weather conditions, shall be maintained by the site operator so that the measurements of peak particle velocity and air overpressure as restricted in conditions (15) & (16) above can be identified. These records shall be made available for inspection, by any interested party, during office hours at the quarry and vibrograph analysis charts shall be submitted to the Planning Authority on request.
Reason : To enable the Planning Authority to retain effective control.
19. That all vehicles used for the haulage of materials from the site shall before leaving the site pass through a wheel cleaning facility all to the satisfaction of the Planning Authority.
Reason : To prevent mud or debris being carried onto the public road to the detriment of road safety.
20. That provision shall be made within the curtilage of the site for adequate parking and turning facilities for all vehicles associated with the development to ensure that all vehicles entering or leaving the site can do so in forward gear.
Reason : In the interests of road safety.
21. That throughout the period of working, restoration and aftercare, the applicant shall protect and maintain or divert any ditch, stream, watercourse or culvert passing through the site so as not to impair the quality or flow nor render less effective drainage onto and from adjoining land.
Reason : In the interests of water management and to ensure adequate precautions are taken to prevent pollution of natural watercourses.
22. That the works for the restoration and reinstatement of the site to which this approval relates shall be undertaken in strict accordance with the method statement and plans approved under the terms of condition (4) above and the indicative restoration plan hereby approved and shall include: 4 the replacement of any soil and soil forming materials in the correct order with due regard to the grading of the surface and provision of natural drainage; b) grading the boundaries of the site so that surface levels of the restored site satisfactorily merge with levels of the surrounding land; c) leaving the whole site clean and tidy.
Reason : To secure satisfactorily reinstatement of the site.
23 That, no extraction shall be carried out until any available topsoil is fully stripped and also that the topsoil shall be stripped to the full available depth from all areas within each phase, except for the areas of any topsoil dumps.
Reason: To ensure the satisfactory reinstatement of the site.
24. That work routines for stripping operations shall be designed to minimise vehicle traffic on unstripped land, and at all times the mechanical handling and compaction of the topsoil shall be minimised and also that no vehicle, other than those involved in stripping operations shall be permitted on the unstripped land.
R9801726 Rason: To ensure the satisfactory reinstatement of the site.
25. That following topsoil stripping operations, all subsoil shall be stripped as a separate operation from all areas of land where topsoil was stripped, except for the areas of any subsoil tips.
Reason: To ensure the satisfactory reinstatement of the site.
26. That the stripping of the soils shall only be carried out when the soils are dry.
Reason: To ensure the satisfactory reinstatement of the site.
27. That prior to the commencement of works involving handling of soil, the applicants shall give at least two working days notice to the local Planning Authority, who shall reserve the right to request suspension of operation during adverse weather conditions or impose such conditions as they see fit for the safekeeping of the subsoil and topsoil.
Reason : To ensure the satisfactory reinstatement of the site.
28. That any bind-ffee soil forming material found during the course of the proposed operations shall be recovered where practical and stored for use in the final restoration of the land and that this material shall be used to replace shortages of subsoil and topsoil.
Reason : To ensure the satisfactory reinstatement of the site.
29. That no soils shall be removed flom the site.
Reason : To ensure the satisfactory restoration of the site.
30. That prior to seeding or planting taking place confirmation fkom a suitably qualified independent party shall be provided that the soil replacement has been undertaken satisfactorily and that the soils are in a suitable condition for the restoration proposed, to the satisfaction of the Planning Authority.
Reason : In the interests of sound soil management.
31. That notwithstanding the requirements of condition (7) above, within twelve months of the date of this permission being taken up, and on an annual basis thereafter, the applicant will submit a plan to a scale of not less than 1:2500 indicating the progress of quarrying operations. The plan will indicate the current position of the extraction areas, the size of the void, completed soil stripping and replacement works, the extent of spoil disposal and landscaping works that have been implemented.
Reason : To enable the effective monitoring of site progress.
32. That the operator shall ensure that the existing site perimeter fencing is maintained and be responsible for any repairs or replacement that may be required, until the site aftercare is complete, all to the satisfaction of the Planning Authority.
Reason : In the interests of public safety.
33. That throughout the operational life span of the quarry and up to the completion of all aftercare works warning signs shall be erected and maintained by the operator, next to all publicly accessible areas within or adjacent to the quarry. Details of the location and wording of these signs shall be made known to the Planning Authority, prior to the start of the site works hereby permitted.
Reason : In the interests of public safety.
34 That no rubbish or other waste materials shall be burned on site at any time, and the operator shall be responsible for immediately extinguishing any sporadic burning which may occur.
R9801726 Reason : In the interests of the amenity of the area and of adjacent residents.
35. That prior to the development hereby permitted starting the existing quarry access shall be redesigned to prevent access to and egress from the south by heavy vehicles in accordance with Drawing No 4012/01 or otherwise agreed in writing by the Planning Authority prior to the start of these works.
Reason : In the interests of road safety.
36 That noise levels from the site as measured at any noise sensitive property, with the exception of Forrest Farm, shall not exceed building 55dBA Leq (I hour) between the hours of 6.30am to 7:OOpm Mondays to Sundays inclusive.
Reason : To enable the Planning Authority to monitor the site and to safeguard the amenity of residents of the surrounding area.
37 That noise levels fiom the site as measured at any noise sensitive property, with the exception of Forrest Farm, shall not exceed 49dBa Leq (I hour) during the hours from 7:OOpm until 6.30am Mondays to Sundays inclusive.
Reason : To enable the Planning Authority to monitor the site and to safeguard the amenity of residents of the surrounding.
38 That before the development hereby permitted starts a planting, management and maintenance scheme for hedgerow planting within the area outlined in GREEN on the approved plans, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: To enable the Planning Authority to consider these aspects.
39 That within the one year of the development hereby permitted starting the planting, management and maintenance scheme shall be implemented to the satisfaction of the Planning Authority. Reason: To screen the quarry workings from road users on the A89, in the interest of visual amenity.
40 Notwithstanding the consent hereby permitted no extraction operations should take place within the area outlined in BLUE without the prior written consent of the Planning Authority.
Reason: To define the consent and enable the applicant to undertake further research and submit a scheme demonstrating the extent extraction operations can be undertaken without adversely impacting on the Papperthill Moss.
41. That on an annual basis the applicant shall commission the Central Scotland Raptor Study Group to undertake a survey of the Peregrine-breeding site at Papperthill Crags, at the applicants expense, and any recommendations shall, thereafter be implemented to the satisfaction of the Planning Authority.
Reason: To safeguard the Peregrine-breeding site.
42. That prior to works starting on site a scheme shall be submitted detailing the design and location of a bund to be sited between the position of Cane A5 and the boundary of the application via Cane B5 on drawing no. SC98082/PA/F/3 1A to the satisfaction of the Planning Authority.
Reason: To enable the Planning Authority to consider these matters.
43. That within 5 years of the date of this consent the bund scheme submitted under the terms of condition 42 above shall be formed and maintained to the satisfaction of the Planning Authority.
Reason: To ensure that Papperthill Moss will not be adversely impacted by the extraction of operations hereby permitted.
44. That the deepening operations shall be no lower than 195mAOD without the written consent of the Planning Authority.
R9801726 Reason: To defrne the permission
Note: It should be noted that Planning Permission will not be issued until an agreement under Section 75 of the Town and Country (Scotland) Act 1997 has been completed to ensure the satisfactory restoration of the site, this is in addition to a full Restoration Bond.
~
List of Background Papers
Application Form, Supporting Environmental Statement and Plans submitted on 24 December 1998, 19 January 2000, 14 February 2000. Letter to Agent dated 17 February 1999, 1 March 1999, 12 March 1999, 15 April 1999,27 April 1999, 18 May 1999, 20 July 1999, 4 November 1999, 17 November 1999, 9 December 1999, 12 January 2000, 25 January 2000, 17 February 2000, 2 March 2000, 3 1 March 2000, 12 April 2000, 24 May 2000, 14 August 2000,6 September 2000, 19 July 200 1 Letter from Johnson Poole & Bloomer received 1 June 1999, 11 June 1999, 5 August 1999, 15 November 1999, 18 November 1999,20 January 2000, 14 February 2000, 17 February 2000,6 March 2000, 8 March 2000, 14 March 2000,22 March 2000,4 May 2000, 15 June 2000, 3 November 2000, 24 November 2000, 23 May 2001,2 July 2001 Letter from Tarmac Northern Ltd, received 6 March 200 1,8 August 200 1 National Planning Policy Guidance and Planning Advice Notes Monkland’s District Local Plan 1991 Strathclyde Structure Plan 1995 Finalised Draft Glasgow & Clyde Valley Joint Structure Plan 2000 Consultation response from West of Scotland Archaeology Service received 19 January 1999, 28 January 1999, Consultation response from The Coal Authority received 21 January 1999 Consultation response from The Scottish Office Development Department received 25 January 1999, 1 February 1999 Consultation response from Transco received 22 January 1999 Consultation response from Institute of Environmental Assessment received 18 January 1999,9 March 1999 Consultation response from The Health and Safety Executive received 27 January 1999, 5 February 1999 Consultation response from Head of Protective Services received 1 February 1999,23 July 1999, Consultation response from RSPB received 29 January 1999, Consultation response from Historic Scotland received 9 February 1999 Consultation response from CSCT received 11 February 1999 Consultation response fiom West of Scotland Water received 12 February 1999 Consultation response from Transportation Manager dated 17 February 1999,22 October 1999 Consultation response fiom NLC Community Services received 5 March 1999, 16 December 1999, 28 February 2000, 1 March 2000,20 & 26 June 2001 Consultation response from SEPA received 13 September 1999 Consultation response from West of Scotland Archaeology Service received 13 October 1999, 22 March 2000, Consultation response from SNH received 7 April 2000, 19 June 200 1,29 August 2001 Letter from Farningham McCreadie received 1 November 1999
Any person wishing to inspect the above background papers should telephone Coatbridge 812372 and ask for Mr Baxter
R9801726 APPLICATION NO. C/98/01726/MIN
REPORT
1. BACKGROUND
1.1 The application was submitted on behalf of Tilcon Scotland Limited, who have subsequently been taken over by Tarmac Northern Ltd, for an extension to and deepening of the existing operations at Cairneyhill Quarry, Caldercruix.
1.2 The applicant has recently consolidated all the previous planning consents associated with the quarry under the Review of Mineral Sites in terms of Section 74 of the Town and Country Planning (Scotland) Act 1997 (planning application C/99/00096/ENV) and a determination was made by the Council in this respect on 13 June 200 1.
1.3 Quartz Dolerite (Whinstone) has been extracted at this location since the late 19" century, supplying materials for road building in Lanarkshire and the Greater Glasgow area. The planning application was submitted on 24 December 1998 with an Environmental Statement. The application was advertised in the local press on 11 January 1999. Following consultation with various bodies the proposed area of extraction has been reduced and improvements to the existing vehicular access and landscape screening included.
1.4 The applicant has indicated that the following is a typical breakdown of activities within the quarry. Drilling Mon-Fri inc. 7am -5pm Saturday 7am - 12pm Sunday 7am - 4pm Blasting Mon-Fri @ lpm Crushing and Mon-Sun inc. 6am - 8pm Screening Coating Mon-Sun 4am-9pm Concrete Block Mon-Sun 6am-9pm Production Maintenance All week 24 hours
2. SITE LOCATION AND PROPOSAL
2.1 Carineyhill Quarry is situated approximately 3 kilometres to the south-east of Caldercruix and 4 kilometres to the south-west of Blackridge. The existing quarry extends to approximately 53.3 hectares and the proposed lateral extension to some 34.8 hectares. The extraction proposal only affects up to 30.5 hectares of the extension area. The proposed deepening within the existing quarry extends to 9.6 hectares.
2.2 The proposal is to extract approximately 650,000 tonnes of rock per annum over a 30year period. The existing plant would be used to produce various products including asphalt and other bitmac products, concrete, concrete blocks, and roadstone.
2.3 The development would result in approximately 310 vehicle movements per day with 155 vehicles entering and leaving the site via the A89.
2.4 The site would employ 36 full time employees with 25 -32 drivers contracted to transport the various products.
2.5 It is proposed to restore the site for nature conservation by forming; a lake, wetland habitat, woodland planting and rough pasture. As the site operations will continue to use the quarry floor the restoration programme will concentrate initially on the outer boundaries of the site.
R980 1726 3. POLICY CONTEXT
3.1 National Planning Policy Guidance National planning policy guidance and advice as it relates to minerals, is contained within NPPG4 “Land for Mineral Working” and PAN50 “Controlling the Environmental Effects of Surface Mineral Workings” including Annexes A and B, which specifically addresses noise and dust controls respectively.
NPPG 5 “Archaeology and Planning and PAN42 on the same subject provide statements of government policy and advice on best practice in respect to the archaeological remains within and adjacent to the application site.
3.2 Strathclyde Structure Plan 1995 Policy STRAT 2 Sustainability states that The Regional Development Strategy requires a sustainable approach to the conservation and use of natural and heritage resources that cannot be readily regenerated or produced, and there shall therefore be a presumption against development that has an adverse impact on them.
3.3 Developments that affect such resources are assessed under the terms of policy STRATlA and justified in terms of the following criteria: (a) economic benefit (b) infrastructure implications (c) specific locational need, and (d) environmental impact.
3.4 Policy CAT 1 Countryside Around Towns indicates that isolated developments in the Countryside Around Towns shall not generally accord with the Regional Development Strategy unless there is a specific locational need. Again such developments are justified against the 4 criteria listed above in terms of policy CATlA.
3.5 MINl General Minerals Policy states that the Regional Development Strategy requires the identification and safeguarding of effective development opportunities to meet the prospective demand for sand and gravel, hardrock, coal, and other mineral resources.
3.6 Policy MINlA Development Criteria indicates that a proposal of the order of 50,000 tonnes or 2 hectares, or more to extend the supply of land with planning consent for the winning and working of minerals shall not accord with the Regional Development Strategy except where, (a) it is within an area identified in policies MIN2,3,4,5 and 6, or available alternative supplies do not exist, (b) it does not raise major infrastructure or environmental issues, and (c) it has regard to the opportunity to conserve associated minerals, restore dereliction and review associated consents.
3.7 Policy MIN2 Mineral Aggregates General indicates that the existing effective supply of land with planning consent for the winning and working of hardrock or sand and gravel shall generally not be extended other than, amongst other things, at existing workings subject to the review of any associated consents.
3.8 Policy MIN 4 Hardrock indicates that an addition to the supply of land with planning consent for the winning and working of hardrock in the western conurbation area is required and that it shall accord with the Regional Development Strategy, subject to the provisions of policy MINlA.
3.9 Policy HER1 Archaeology confirms that in accordance with Policy STRAT 2, there shall be a general presumption against development which has an adverse environmental impact on scheduled ancient monuments and other regionally significant archaeological locations and their settings
3.10 Monkland’s District Local Plan 1991 The site is in an area zoned GB2 Restrict Development in Countryside Around Towns and reflects the terms of policy CAT1 and CATlA of the structure plan.
R9801726 3.11 Policy MINl Mineral Extraction indicates that the Council will limit the extraction of minerals to sites: (a) lying within the landscape zone of “Devastated landscape” (b) at least 250 metres from the Settlements of Plains, Wattson, Greengairs, Caldercruix and Stand (c) where adequate provision can be made for services, screening, transport of materials, phased development, rehabilitation and after use.
3.12 Policy MIN3 Hard Rock Quarrying states that the Council will operate a presumption against the opening or re-opening of any additional hard rocklwhinstone quarries during the plan period except where extension sites are: (a) a minimum 250 metres from the settlements noted in MIN1; and (b) located east of the A73 in an area defined as Medium, Low or Devastated Landscape. The application site is located within an area zoned to the east of the A73 LI1/3 Medium Quality Landscape and more than 250 metres f?om Caldercruix. The proposal as restricted by condition will not adversely impact on an important ecological site e.g. Papperthill Moss. (c) it would not involve disturbance of any ecological or environmentally important sites; and (d) it would not compromise or conflict with any other policy or proposal in this plan.
4. CONSULTATION RESPONSES
4.1 The Coal Authority indicated that the site is within the zone of influence of workings in 2 seams at a depth of 60m a 120m depth that were last worked in 1963. Movement should now have ceased.
4.2 Transco has no objections to the proposal.
4.3 The Health and Safety Executive have no objections to the proposal subject to compliance with relevant legislation.
4.4 The Head of Protective Services has no objections subject to conditions relating to Dust, Noise, Blasting and Security Fencing.
4.5 RSPB The RSPB indicated that the proposal would extend the quarry within 500m of Peregrine breeding location at Papperthill Crags. These birds are protected and it is an offence to wilfully disturb such species at the nest. The RSPB would prefer that the Central Scotland Raptor Study Group monitor the site on an annual basis, at the applicant’s expense, to ensure that the birds are not disturbed during the breeding season. This annual monitoring will now continue following agreement by the applicant.
4.6 West of Scotland Archaeology Service The West of Scotland Archaeology Service (WOSAS) requested further information. The applicant subsequently employed Glasgow University Archaeological Research Division (GUARD) to undertake a walkover survey of the site. Following this GUARD was commissioned to carry out further work on site inline with WOSAS recommendation. It also proposes 2 Conditions as per paragraph 34 of PAN42. The developer shall undertake recording of archaeological resources within the development site to the satisfaction of the Planning Authority. A condition is proposed indicating that no development shall take place within the extension area outlined ORANGE on the approved plans until the developer has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation. This scheme of investigation should be submitted, within 6 months of the date of any grant of planning permission, for approval by the Planning Authority following consultation and agreement with the WOSAS.
4.7 CSCT Central Scotland Countryside Trust made comment on two points namely the effect of the proposal on areas covered by a Grant supported woodland planting scheme and the preference of up to 50% of woodland cover on site when restored. The applicant has since confirmed that no areas covered by woodland grants will be affected by the proposal. The suggestion regarding the amount of woodland cover on the restored site will be considered when assessing the restoration scheme that will be supplied under the terms of the proposed relevant condition.
R980 1726 4.8 West of Scotland Water has no objection to the proposal.
4.9 The Transportation Manager has indicated that either an access improvement should be formed to limit heavy vehicles travelling south along Forrest Road or the fill length of the road should be upgraded. The applicant has agreed to amend the site access to direct traffic north to the A89.
4.10 NLC Landscape Design Manager indicated concern at loss of part of Paperhill Moss and indicated more information was required in terms of screening and restoration proposals.
4.11 NLC Conservation and Greening Manager indicated that Pappertill Moss SINC should be excluded from the extraction area, restoration plans should be prepared and started at the earliest opportunity. Peregrine Falcons should receive appropriate investigation and protection. The SINC has been excluded from the extraction operations at present to enable its exact boundary to be determined. The applicant has also agreed to survey the Peregrine breeding site.
4.12 SEPA has no objection to the proposal.
4.13 SNH have no objection in principle however they object to the impact of the proposed extension to Paperhill Moss. Papperthill Moss is an Intermediate Raised Peat Bog protected by the Local Biodiversity Action Plan. The applicant has since demonstrated an area that will ensure that no impact will be made to the integrity of the Papperthill Moss to enable the application to be determined. The applicant has however indicated that flu-ther research will be undertaken to enable the maximum amount of rock reserve to be extracted without adversely impacting on the Moss. A condition is therefore proposed enabling further consideration of the full extent of rock extraction along the southern boundary of the site in consultation with SNH.
4.14 The Institute of Environmental Assessment reviewed the Environmental statement and indicated that The Statement and the Non-technical Summary; 1) should have included additional information regarding noise, dust and traffic movements; 2) should have included more justification in terms of some of the conclusions drawn; and 3) should have been written in clearer English with the use of less technical jargon.
5. OBSERVATIONS
5.1 Examination of the Strathclyde Structure Plan 1995 indicates that this would accord with the regional strategy so long as it does not raise major infrastructure or environmental issues. Subject to the attached conditions and the exclusion of any extraction operations to prevent any adverse impact on the Papperthill Moss I consider that there should be no significant impact on the infrastructure or environment surrounding the quarry. The proposal therefore does not raise any issues of Strategic importance.
5.2 In terms of the Monklands District Local Plan 1991 the application site is located within an area zoned to the east of A73 LI1/3 Medium Quality Landscape and more than 250 metres from Caldercruix. The proposal will not adversely impact on any ecologically important sites or conflict with Local Plan Policies and therefore meets the criteria in terms of policy MIN3 Hard Rock Quarrying.
5.3 In assessing this application the work has been undertaken in conjunction with application 99/00096/ENV for Determination of Conditions under The Initial Review in accordance with Schedule 9 of Section 74 of The Town And Country Planning (Scotland) Act 1997 for the winning and working of Whinstone. This latter application, put before the Committee in June 2001, looked at all the outstanding consents and brought them in line with modern practice and guidelines. Many of the conditions attached therefore reflect the basis on which the existing quarry now operates.
5.4 There are a few conditions proposed that are specific to this proposed development relating to access, screening, archaeological remains, protection of falcons and the Papperthill Moss that answer concerns raised by consultees. Further to these issues being addressed I consider that the extension and deepening of the existing quarry should not significantly impact on either the environment or local infrastructure.
R980 1726 6. CONCLUSIONS
6.1 Quarrying operations have been undenvay at this site since the late 19' century without significant harm to the local population or environment. I consider that, subject to the revised working practices and limitations set out in the proposed conditions above, the continued development of this quarry should proceed to ensure the provision of hard rock, and associated products, in line with current guidance and policy. In addition there should be no significant impact on the local environment or surrounding infrastructure.
6.2 If the Committee are minded to grant this application it should be noted that normal practice requires that a Section 75 agreement be entered into between the Council, the applicant and the land owners. This agreement requires the applicant to provide a bond that would be lodged with the Council and the process by which it is reviewed at 5year intervals to secure sufficient fmance to ensure full site restoration. In addition, a restoration bond is required to ensure that ultimately full and adequate site restoration occurs.
R980 1726 Application No. C/OO/O 1327RUL Date registered 30th November 2000 APPLICANT DAVID RICHIE, BLAIRLI" COTTAGE, EASTER BLAIRLI" ROAD, LUGGIEBANK, CUMBERNAULD, GLASGOW, G67 4AA Agent Keppie Planning Ltd, 160 West Regent Street, Glasgow, G2 4RL
DEVELOPMENT USE OF AGRICULTURAL LAND AS COUNTRYSIDE PURSUITS CENTRE ENCOMPASSING 4 X 4 OFF ROAD DRIVING CENTRE, TOURING CARAVAN AND CAMPING PARK, ARCHERY RANGE AND MOUNTAIN BIKE TRACK
LOCATION LAND ADJACENT TO EASTER BLAIRLI" COTTAGES EASTER BLAIRLI" ROAD LUGGIEBANK CUMBERNAULD
Ward No. 45 Grid Reference 276702 672400
File Reference C/PL/RGB4905 842000/DB/LR
Site History Planning application 821454 for Erection Of Dwelling (In Outline) refused 27 January 1983.
Development Plan The site is zoned GB1 Restrict Development in the Green Belt, LI1/1 High Quality Landscape in the Monklands District Local Plan 199 1
Contrary to No Development Plan
CONSULTATIONS
Objection The Scottish Wildlife Trust No Objection The Coal Authority, NLC Director of Finance, Conditions East of Scotland Water, SEPA, Community Services, CSCT No Reply SNH, West of Scotland Water
REPRESENTATIONS Neighbours 5 Letters of objection
Newspaper 27 letters of objection and 1 petition with 29 signatures Advertisement
COMMENTS This application is for the use of agricultural land to form a Countryside Pursuits Centre encompassing a 4x4 Off Road Driving Centre, Mountain Bike Track, Archery Range and Touring Caravan and Camping Park on land adjacent to Easter Blairlinn Cottages Easter Blairlinn Road Luggiebank Cumbernauld. Following neighbour notification and advertisement in the local press 32 letters (including letters from Councillor Homer and Andrew Wilson MSP) and one petition with 29 signatures were received details of which are included in the attached report. Five letters of support were also received. Although most consultees consider the proposal acceptable subject to conditions, the Scottish WildlifeTrust has objected to the development based on potential impact on badgers, voles and otters. Subject to the conditions I do not consider that the amended proposal will significantly impact on this greenbelt site or the amenity enjoyed by residents of surrounding properties and therefore recommend approval.
R0001327 1' I\ /v.a
Produced by Department of Planning and Environment Central Division N Municipal Buildings Kildonan Street COATBRIDGE ML5 3LN Reproduced from the Ordnance SuNcy mapping WHh lhe pmls~onofthi Controller of her MajeWS ---1 Slatbnsw Office 0 Crown wpynghl. Telephone01236812222 FaX 01236431068 1:5000 Unauthorised ieprOdYCliOn infringer Crown sowtight I and may lead to pio~cutlonor ElYll proceeding* OS Licence LA 09041 L No further copies may be made I i 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 the development hereby permitted starts, 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:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) 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.
Reason: To enable the Planning Authority to consider these aspects.
3. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include proposals for the continuing care, maintenance and protection of the areas covered by the landscaping scheme submitted under the terms of condition no. 2 above.
Reason: To enable the Planning Authority to consider these aspects.
4 That before completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 3 shall be in operation.
Reason: To ensure the ongoing maintenance of the landscaping scheme in the interest of visual amenity at this countryside location.
5. That within six months of the proposed development being brought into use, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 2 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.
Reason: To reduce the visual impact of the proposed development on the surrounding area in the interest of amenity.
6. That prior to the siting of the temporary office, toilet and shower facilities detailed drawings shall be submitted to the satisfaction of the Planning Authority. For the avoidance of doubt these temporary buildings are permitted for duration of 2 years from the date that the development is first brought into use. Thereafter they should be removed and the land restored to its former condition, pending the determination of any further planning application for permanent buildings on the site..
Reason: To enable the Planning Authority to consider these matters in detail and to enable temporary structures to be erected while the business is being established.
R0001327 7. That before development starts, details of a scheme, which provides sufficient space within the curtilage of the application site for:- (a) the parking and manoeuvring of 18 cars; and (b) the provision of turning areas so that all vehicles enter and leave the site in forward gear shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: To enable the Planning Authority to consider these aspects.
8. That before the development hereby permitted is brought into use, all areas covered by the scheme, approved under the terms of condition 7 above, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing works, and clearly marked out and shall, thereafter, be maintained as parking and manoeuvring areas.
Reason: To ensure the provision of adequate parking facilities within the site.
9. That a visibility splay of 2.4 metres by 160 metres, measured from the road channel, shall be provided on the eastern side of the vehicular access and before the development hereby permitted is brought into use, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.
Reason: In the interests of traffic safety.
10. That prior to the development hereby permitted being brought into use two passing places shall be constructed to the specification as set out in approved plan. and located in a position agreed to the satisfaction of the Planning Authority.
Reason: To ensure the provision of adequate passing places on the road leading to the site access in the interest of traffic safety.
11. That prior to the development hereby permitted is brought into use a forward visibility splay shall be provided within the area hatched GREEN on the approved plans and everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line area 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 sight line area.
Reason: In the interest of traffic safety in terms of vehicles turning right into the application site.
12. That the caravan park hereby permitted shall be limited to 20 pitches.
Reason: To define the permission and to restrict traffic movements in the interest of highway safety and residential amenity.
13 That the driving centre hereby permitted shall operate only between the hours of 9 a.m. and 7 p.m.
Reason: In the interest of the amenity of neighbouring residential properties.
14. That noise emitted from the site shall not exceed 55 dBa. leq. During the hours of the driving course operation, measured on the boundary of site at the point marked ORANGE on the approved plans.
Reason: In the interest of amenity of the neighbouring residential properties.
R0001327 15. That the wheel wash shown on the approved plans shall be installed prior to the driving course being brought into use, and shall therafter be integrated as part of the driving course operation.
Reason: To ensure that no deleterious material is carried onto the public highway.
16. That prior to the installation of the temporary building a site investigation shall be carried out in line with the requirements of Waste Management Paper 27 and any buildings affected by landfill gas should be constructed in line with the Building research establishment report on Construction of New Buildings, on gas contaminated land.
Reason: To ensure the safe construction of any buildings located within 250M of a closed landfill site that may suffer from landfill gas.
List of Background Papers
Application forms and plans submitted on 9 November 2000,30 November 2000, 12 March 2001,28 June 200 1 Letter from Agent received 5 December 2000, 12 January 2001,7 February 2001, 13 March 2001,20 March 2001 Letter to Agent from NLC dated 22 December 2000, 16 January 200 1,21 February 200 1,22 March 2001, and 14 May 2001 Consultation response from The Coal Authority received 13 December 2000 Consultation response from CSCT received 14 December 2000 Consultation response from East of Scotland Water received 21 December 2000 Consultation response from Scottish Wildlife Trust received 2 1 December 2000 Consultation response from SEPA received 19 December 2000 Consultation response from Protective Services Manager received 28 December 2000 Consultation response from NLC Director of Finance received 27 December 2000 and 26 March 200 1 Consultation response from Transportation Manager received 17 January 200 1,27 July 200 1 Consultation response from NLC Community Services received 26 January 200 1 Letter of Objection from David Moore, Rose Cottage, 641 Stirling Road, Luggiebank received 25 January 200 1 Letter of Objection from Stephen Beales, 660 Stirling Road, Luggiebank received 20 November 2000 Letter of Objection from Richard, Jane and Heather Turner, Old Orchard House, 673 Stirling Road, Luggiebank received 20 November 2000 and 22 December 2000 Letter of Objection from John N Watson, Glenhove Farm, Cumbernauld received 21 November 2000 Letter of Objection from Mrs Irene Gilmour, 653 Stirling Road, Luggiebank received 21 November 2000 Letter of Objection from Mrs A M Charters, Brooklynn, 672 Stirling Road, Luggiebank received 21 November 2000 Letter of Objection from A & E M Pisacane, 657 Stirling Road, Luggiebank received 21 November 2000 Letter of Objection from Mr & Mrs J Gardner, "Roslyn", 652 Stirling Road, Luggiebank received 21 November 2000 Letter of Objection from Dr And Mrs I Jenkins, 658 Stirling Road, Luggiebank received 21 November 2000 Letter of Objection from Luggiebank Action Group, c/o Mr & Mrs R Docherty, 675 Stirling Road, Luggiebank received 21 November 2000 Letter of Objection from Raymond & Julie Docherty, 675 Stirling Road, Luggiebank received 22 November 2000 Letter of Objection from Marilyn Brown, Mossilee, Blairlinn View, Luggiebank received 21 November 2000 Letter of Objection from Craig & Mary Simpson, 639a Stirling Road, Luggiebank received 22 November 2000 Letter of Objection from Ivor Drummond, 666 Stirling Road, Luggiebank received 22 November 2000 Letter of Objection from Alice A Wolfenden, 662 Stirling Road, Luggiebank received 22 November 2000
R0001327 Letter of Objection from Mr & Mrs J B Cowan, Elmtree Cottage, 650 Stirling Road, Luggiebank, received 22 November 2000 Letter of Objection from David Morrow, 656 Stirling Road, Luggiebank received 22 November 2000 Letter of Objection from Mr & Mrs Kallana, Firhill, 639 Stirling Road, Luggiebank received 22 November 2000 Letter of Objection from Anne M.B. Kenny, 674 Stirling Road, Luggiebank received 23 November 2000 Letter of Objection from Mrs. M. Paterson, 67 1 Stirling Road, Luggiebank received 23 November 2000 Letter of Objection from R. P. Kenny, 674 Stirling Road, Luggiebank 23 November 2000 Letter of Objection from The Owner/Occupier, "Applecross", 659 Stirling Road, Luggiebank received 27 November 2000 Letter of Objection from Suzanne A Darroch, Belhaven, Blairlinn View, Luggiebank received 5 December 2000 Letter of Objection from Ian Buchanan, The Tower, 664 Stirling Road, Luggiebank received 29 December 2000 Letter of Objection from Adrian Earlam, 678 Stirling Road, Luggiebank received 4 January 2001 Letter of Objection from Mr & Mrs W Coleman, Wester Glentore House, Greengairs received 11 January 2000 Letter of Objection from Mr Brian Smith, Craigelvan Cottage, By Luggiebank received 10 January 2000 Letter of Objection from Luggiebank Residents Association, c/o Mr. S. Hamilton, 659 Stilring Road, Luggiebank received 25 January 200 1 Letter of Petition from Luggiebank Residents Association, 660 Stirling Road, Luggiebank received 14 February 2001 Letter of Objection from Councillor William Homer, P.O. Box 14, Civic Centre, Motherwell, ML1 1TW received 21 December 2000 Letter of Objection from Andrew Wilson MSP, Shadow Minister For Finance, Scottish National Party - Central Scotland, Scottish Parliament, Edinburgh, EH99 1SP received 23 January 2001 Letter of support from Elizabeth Mitchell, Cottage 3, Blairlinn Cottages, Easter Blairlinn Road, Luggiebank received 2 April 200 1 Letter of support from George Paton, Airdrie Photography Services, 179 Greengairs Road, Greengairs received 2 April 200 1 Letter of support from Janet McCount, C/o 460 Stirling Road, Airdrie received 2 April 2001 Letter of support from W.M. Ritchie, Cottage 2, Blairlinn Cottages, Easter Blairlinn Road, Luggiebank received 2 April 200 1. Letter of support from Catherine Stangoe, 9 Hillrigg, Greengairs received 2 April 2001 Letter of support from Daniel Walker, Coathill Farm, Luggiebank received 2 April 2001
Any person wishing to inspect the above background papers should telephone Coatbridge 812372 and ask for Mr Baxter
R0001327 APPLICATION NO. C/OO/O1327/FUL
REPORT
1. SITE AND PROPOSAL
1.1 This application is for the use of agricultural land to form a Countryside Pursuits Centre encompassing a 4x4 Off Road Driving Centre, Mountain Bike Track, Archery Range and Touring Caravan and Camping Park on land adjacent to Easter Blairlinn Cottages Easter Blairlinn Road Luggiebank Cumbernauld.
1.2 The site is to the south of Luggiebank with access along Easter Blairlinn Road from the junction with Stirling Road (B80339). The land slopes down from the south of the site towards the road and is presently used for horse pasture.
1.3 The proposed site access will be shared with the present access to Glenhove Reservoir. The fields to the east of this access will be used for the Driving Course, Archery and Mountain Bikes and the field to the west for the caravan and camping park.
1.4 The driving course will involve some earth movements to provide some mounds of 3 to 5 metre in height. The area will be screened with both hedge and structure planting. It is envisaged that no more than 8 vehicles will be on the course at any time. A wheel wash and car wash is to be provided to ensure that vehicles leaving the site do not carry any deleterious material onto the road.
1.5 The caravan and camping site will have a maximum of 20 pitches. This area will also receive additional structure planing to reduce the visual impact of the development.
1.6 The development will be served initially by two temporary buildings providing an officeh-eception area and also showers and toilet block. It is intended that once the business has established these will be replaced with more permanent structures in keeping with the countryside location.
1.7 Following consultation with the Transportation Manager and additional information on traffic movements being supplied it is also proposed to provide two passing places on Easter Blairlinn Road to ensure the ease of traffic movements to and from the application site. In addition to this sight line improvements will be made at the entrance to the site.
2. POLICY CONTEXT
2.1 The site is zoned GB1 Restrict Development in the Green Belt, LI1/1 High Quality Landscape in the Monklands District Local Plan 1991. Policy GB 1 indicates that no development will be permitted except for: a) new houses connected with agricultural or forestry workers; b) non residential agricultural or forestry developments c) uses requiring a rural location or d) areas identified in the local plan for development.
2.2 Policy LI1/1 High Quality Landscape relates to the Council’s aim to promote the protection and improvement of the landscape within the Plan area. It states that where the Council is disposed to grant permission for an appropriate development it will give careful consideration to planning conditions on landscaping and the scale, materials, colour, roofline and detailing of the proposals when seen in the context of the surrounding landscape.
2.3 In terms of the Strathclyde Structure Plan 1995 the site’s zoning within GB1 in the Local Plan requires the proposed development to be assessed against Policy GB 1A of the Structure Plan. This policy indicates that such proposals require to be assessed against 4 criteria namely: a) economic benefit; b) specific locational need; c) infrastructure implications; and d) environmental impact.
R0001327 2.4 In terms of the Finalised Draft Glasgow and Clyde Valley Structure Plan 2000 the development should be assessed relative to Strategic Policies 9 Assessment of Development Proposals. This policy sets out the criteria by which the development should be assessed including : (a) that the location is appropriate in terms of avoiding isolated and sporadic developments in the countryside Green Belt; and (b) that permission has been made by the developer in terms of infrastructure, implementation of appropriate transport measures and remedial environmental action.
3. CONSULTATIONS
3.1 The following were consulted and indicated no objection subject to conditions; East of Scotland Water, SEPA, Community Services
3.2 The Coal Authority has no objection to the proposal.
3.3 CSCT would like to see broadleaf woodland planting in this area with improved public access. In terms of the proposed development, although not wishing to formally object, they indicate that they consider the development to be inappropriate for this type of location and that there are other derelict sites that may be able to accommodate these types of activity.
3.4 The Scottish Wildlife Trust would like to object to the proposal based the possibility of Badgers using the site either as a nursery sett or for foraging and as such the site should be surveyed. There may also be the possibility of otters or water voles associated with the burn that runs along the site boundary. The remainder of the site may also have other animals which could be covered by the local Biodiverty Action Plan. A survey would be required during springlsummer to determine the full extent of wildlife which may be affected by the proposed development. A survey was subsequently carried out by John Derbyshire Consultants and no evidence of Badgers was found. The report also indicated that some improvement could be made to increase habitat diversity.
3.5 The Protective Services Manager was concerned about potential impact on noise sensitive residential properties and requested a noise impact assessment. Once this was supplied it was indicated that the proposal would not constitute a noise nuisance although some traffic noise may be apparent during lulls in road traffic noise. Other comments include; a) That Construction works should be limited to 8 to 6pm Monday to Friday and 8 am to lpm on Saturdays no noise should be audible from the site on Sundays or Bank Holidays; b) The works should comply with BS5228 Noise from Construction and Open Sites; and c) The site is within 250m of a closed landfill and as such the site may be affected by fiom Landfill Gas. An investigation in line with the requirements of Waste Management Paper 27 should be carried out and any structures that may be affected by landfill gas should make reference to the Building Research Establishment report on “Construction of New Buildings on Gas-contaminated Land. These are dealt with by condition or advisory note as appropriate.
3.6 NLC Director of Finance initially indicated that further details on income and expenditure were required in particular: capital costs; funding; a breakdown of number of users for each facility; and proposed charges for each facility. Following submission of this additional information and revised costs he has indicated a reserved acceptance of the viability of the proposed business. He still has concern at the low levels of expenditure on surfacing material, tree planting, water and electricity supply. 3.7 The Transportation Manager initially indicated the following requirements: The existing Easter Blairlinn Road to be widened to a minimum 6 metres with 2 metre vergeslfootways and road widening at bend. Access visibilities of 2.5m x 160m to be provided and be sustainable at the accesses with minimum 160m forward visibilities. The proposed site access and existing access to the reservoirs to be combined ie. only one access at this locus. The first 15m of the access to be surfaced with min 10.5m radii kerbs and drainage facilities provided to prevent loose chippings/muck water going onto the public road.
R0001327 5. Gates if erected should be set back 15m ftom the edge of the carriageway. 6. Layout plans to be provided to show accesseslparking (customer1staff)Iwash areaslfenceslpedestrian routes etc. 7. No signs should be erected that visible to traffic on Stirling Road and are likely to be a distraction to drivers. 8. Additional planting screen to be erected between the 4 x 4 site and the existing lay-by on Stirling Road. 9. The junction with the B8039 Stirling Road and adjacent side roads would require to be amended to accommodate the increase in traffic flow.
3.8 Following discussion and a traffic count the Transportation Manager has indicated the following revised comments: 1) The white linings at the junction at Luggiebank Road and Blairlinn Road be repainted; 2) At least 2 passing places to be constructed along Blairlinn road; 3) At the bend opposite site entrance a forward visibility of 60 m to be provided 4) Junction sightlines at entrance to site of 4.5 x 160 to east and nothing over 900mm allowed to grow in that sightline 5) Large scale plan of entrance to sitelcar park and hardstanding to be provided to enable further comment.
4. REPRESENTATIONS AND RESPONSE
4.1 Following neighbour notification and advertisement in the local press 32 letters (including letters from Councillor Homer and Andrew Wilson MSP) and 1 petition with 29 signatures were received making reference to the following, followed by my response. 1. Contrary to The Local Plan Structure Plan Objectors consider that the proposed development will encroach into the countryside contrary to the local plan policy and will adversely affect the designated high quality landscape area.
In response I consider that subject to the landscape and the traffic improvements the proposed development is not contrary to the requirements of Policies GB1 and LI111 as set out in the Monklands District Local Plan 1991 or policy GBlA as set out in the Strathclyde Structure Plan 1995.
2. Appearance The 4x4 driving course and associated buildings would result in a visual intrusion. The provision of screen planting would take some time to resolve this visual impact. The village of Luggiebank is already impacted by open cast coal developments and it is considered essential that some greenfield is retained around this Conservation Village. The viewing tower would be highly visible and intrusive on the landscape.
In response to these concerns the viewing tower was removed from the proposal. The increased area of structure planting proposed by the applicant should through time screen the proposed development and not therefore significantly impact on the appearance of this site. I do accept however that until this planting is mature there will be a visual intrusion from the development. The required landscaping scheme should therefore address this by the type and age of the planting to be undertaken.
3. Traffic, parking or access problems Easter Blairlinn Road is narrow and has limited passing places and poor visibility. The junctions with Stirling Road and the A73 also have poor sight lines. There are insufficient traffic signs and road markings on the roads accessing the site. Does the proposed development have sufficient parking provision? The calculation that the development will result in 2 car movements per hour appears inconsistent with the likely generation of the 20 berth caravan park and off road facility.
Following agreement with the Transportation Manager and the Applicant on the means of traffic improvements on Easter Blairlinn Road I do not consider that the proposed development should have a negative affect on traffic safety on this stretch of road or at the junction with Stirling Road.
ROOO 1327 4. Residential Amenity The noise of the vehicles in low gear on the 4x4 course, the noise from the caravan park and the additional traffic could result in a loss of residential amenity. The noise from vehicles has been assessed and considered not to be a nuisance relative to current background levels.
5. Drainage / Infrastructure problems The application makes no reference to sewage disposal and it is anticipated that there is insufficient capacity within the recently installed pumped sewerage system serving Luggiebank that may lead to the Luggie Bum being polluted. There is Mains Electricity cable that crosses the site that may be adversely affected by vehicles using the 4x4 track. There is no shops or other facilities nearby to serve the caravan park therefore road traffic would be fiu-ther increased.
SEPA has indicated that the drainage and sewage disposal of the foul waste from the office and amenity blocks will be served by chemical toilets and any water affecting the water course will have to meet normal requirements in terms of PPGS ‘Works in, near or liable to affect watercourse’. The applicant is aware of the water main crossing the site and the need to protect it from development. There is no provision for a shop or other facilities within the site however Cumbernauld and other settlements can provide these facilities
6. Impact on the natural environment The noise and pollution of traffic and the increased visitors to the area would disturb the rich and varied flora and wildlife, including badgers that live in and around the Luggie Burn. The proposed water hazard in the design is located near the Burn, that feeds the Luggie Bum. This will inevitably cause pollution of the water through vehicle lubricants and fuels and mud to the detriment of the fish that have been reintroduced recently into the Luggie Burn.
It has been demonstrated that there are currently no badgers affected by the development proposal and no additional noise pollution to the area. The additional tree and hedge planting that is required should however increase and enhance the flora and wildlife habitat. The proposed water hazard has been relocated further from the Luggie Burn, thereby reducing the potential for water pollution. Again this can be monitored under present environmental legislation
7. Economic Benefit The application indicates that only three people will be employed with limited salaries that would imply little benefit for the community. A similar facility was attempted at the Pippinmill Restaurant Complex that failed. In addition there is already an archery course provided at Palacecraig Country Park that is rarely used. Although the application indicates that only 2 people will be employed the Director of Finance has indicated that the business plan suggests a viable venture that could also encourage some additional tourist spending in the area.
8. Letters of support The letters of support submitted as part of the supporting statement are from businesses of which only one is local. Of these letters of support four have been included without the knowledge of the parties named. The letters of support ftom businesses of which only one is local are only a minor material consideration in the determination of this proposal. The four letters of support that were included without the knowledge of the parties named has subsequently been withdrawn.
9. Alternative location The BMX track within Cumbemauld could be developed to accommodate the proposed facilities and would be closer to shops and restaurants.
The applicant has indicated that he has spent a substantial amount of money acquiring this location and alternative sites should only be considered if this site could not accommodate the proposed development.
R0001327 10. Breach of Human Rights To grant the proposal would be breach of Article 8 of the European Convention of Human Rights in the development would impact on the objector’s private life.
The determination of this application is carried out in line with Planning legislation and as such Article 8 of the European Convention of Human Rights has been incorporated in that process.
4.2 Five letters of support were received which were sent to Councillor Cox.
5. OBSERVATIONS
5.1 The determination of this application should consider both the Development Plan zoning of the site and other material considerations. In this instance the site is within the Greenbelt in an area of high landscape quality. The proposed development is for a Countryside Pursuits Centre that by definition you would expect to be located within the countryside. The exact components of this centre should be considered in terms of the criteria set out in policy GBlA of the Strathclyde Structure Plan 1995 and GB 1 of the Monklands District Local Plan 1991.
5.2 In terms of the Local Plan designation the Countryside Pursuits Centre requires a rural location and therefore could be argued as complying with local plan policy GB 1. The site is within the centre belt of Scotland within easy travel distance of a large catchment area for corporate clients of the Driving Course. The caravan park element is also well situated for people breaking holiday trips north and south.
5.3 The course layout, screening, noise assessment and proposed conditions all lead to the conclusion that any inconvenience to neighbours should be minimal and within acceptable limits.
5.4 In assessing the application in terms of Policy GB 1A the Finance director has indicated that the proposed business should be viable and as a result 2 full time jobs will be created. The potential economic benefit of encouraging tourist trips to the area has also been suggested.
5.5 The caravan and camping park is associated with the use of the countryside centre and should not be regarded as a separate entity.
5.6 The proposed development requires some access improvements to ensure the safe access and egress to the site of the touring caravans and centre patrons. Following lengthy discussion two passing places will be provided between the bridge at Luggie Burn and the first corner heading towards the site. In addition improvements are to be made to both visibility on the second corner opposite and the access to the site. This now meets the requirements of the Transportation Manager and should address any concerns related to road access.
5.7 Other infiastructure implications relating to water supply and sewerage treatment have been addressed by SEPA. Subject to the appropriate measures suggested by East of Scotland Water the proposed development should not adversely impact on the current infrastructure.
5.8 The applicant proposes to introduce structural planting to reduce the visual impact of both the driving course and the caravan and camping park. Conditions are required relating to submission of details and the implementation and management of the scheme prior to the development opening. Once this planting is in place and maintained the visual impact of the proposal should be reduced and the biodiversity of the area should be improved.
5.9 Internal layout drawings have been supplied for the two temporary structures included within the proposal for an office/reception block and a toiletkhower block. Detailed drawings are required, plus a condition related to their temporary nature, requiring them to be reassessed in two years when the business is established. Thereafter these should become permanent structures designed in keeping with the countryside location.
R0001327 6. CONCLUSION
6.1 In conclusion I would acknowledge that the site is sensitive in terms of proximity to houses, greenbelt setting and prominent location along Stirling Road. The applicant has however been able to prove that with the introduction of structure planting, access improvements and limits on the operation that the proposed development is not contrary to the aims to development plan policies. Subject to the recommended conditions I consider that the proposed development will not significantly impact on the amenity of the area and will provide an additional leisure facility for both residents and visitors to North Lanarkshire.
R0001327 Application No. C/O 1/00282/FUL Date registered 2 1 March 200 1 APPLICANT GLENMAC SPORTS FISHERIES LTD, 176 HIGH STREET, NEWARTHILL ML1 5JQ
Agent John McLaughlin, 13 Mary Street, Hamilton ML3 6PX DEVELOPMENT CHANGE OF USE OF DISUSED QUARRY AS COURSE FISHERY AND LEISURE FACILITY INCLUDING ENGINEERING WORKS AND TEMPORARY ACCOMMODATION LOCATION MADGISCROFT QUARRY, GARNGIBBOCH ROAD, CUMBERNAULD, GLASGOW
Ward No. 33 Grid Reference 274715671997
File Reference CPL/ANS8 19/CM/KH
Site History None
Development Plan Strathclyde Structure Plan 1995 GB 1/GB1 A Monklands District Local Plan 1991 GB 1 Restrict Development in the Green Belt LI/1 High Quality Landscape RE 1 Support Rural Economy
Contrary to Development Plan No
CONSULTATIONS
Objection No Objection West of Scotland Water, Railtrack, Director of Financial Services, SEPA, The Coal Authority, Scottish Power, East of Scotland Water Conditions Scottish Natural Heritage, Director of Community Services, CSCT No Reply
REPRESENTATIONS Neighbours One
Newspaper Advertisement No Response
COMMENTS Planning permission is being sought to develop a commercial coarse fishery at a disused quarry that has been designated as a Site of Interest for Nature Conservation (SINC). The proposal would involve a significant re-grading of an existing cliff with the main water body of the quarry opened up to controlled permit fishing. The proposals would be phased over three years and although the development would introduce a commercial use to the SINC the developers have demonstrated that they are to introduce additional wetland areas and protect vulnerable and valued species. The proposal is considered to conform to Green Belt Policy, the supporting business plan demonstrates the project could be viable and other polices in the development plan support this conforming green belt use. Initial concerns raised by consultees have been resolved and the terms of objection raised by a local landowner could not in my view be sustained. It is therefore my view that having considered all of the material issues, the proposal is acceptable.
R0100282 OBJECTOR: MR D B GALLACHER, SOUTH MYVOT FARM, CUMBERNAULD
Produced by 3epartment of Planning and Environment PLANNING APPLICATION NO: C/01/00282/FLTL Central Division CHANGE OF USE OF DISUSED QUARRY TO COARSE FISHERY & Municipal Buildings WORKS (AND Kiidonan Slreel LEISURE FACILITY INCLUDING ENGINEERING
COATBRIDGE._~ ~.~ EReCTION OF DWELLINGHOUSE IN PRINCIPLE) ML5 3LN AT WGISCROFT QUAPRY, y\A Rmlodwd lrom lhe Ordnanoa Suwey mapping wnh G?SNGIBBoCH ” CUMBERNAULD :he Pgml(Yil0n 01 the Conlmiki 01 her Ma)esIYs Telephone 01236 812222 Fax. 01236 431068 Ofnce e ciDrm copyr,gnf 1 : 5000 Unauthorired le~r~d~~lion~nlmges Crown cooyngnl This copy has been produced specifically for Planning and Building Contra1 purposes Only. and may lead I0 PIo~cu1IoIIof SIYII proceedings OS Licence L4 09041L ._____ No further copies may be made - ~~______~ 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 mobile home shall only be used as temporary accommodation for a full time employee of the fishery hereby approved and permission for this temporary residential use shall expire on 12 September 2003.
Reason: To enable the Planning Authority to retain effective control over the temporary accommodation.
3. That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: To enable the Planning Authority to consider these aspects.
4. That before the development hereby permitted starts, full details of the temporary mobile home and temporary support building shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: To allow the planning authority to consider the design of the external appearance of the building and to ensure an appropriate design reflects its rural location.
5. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) 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.
Reason: To enable the Planning Authority to consider these aspects.
6. That before the development hereby permitted starts, a woodland management and maintenance scheme, covering the entire site shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:- (a) proposals for the continuing care, maintenance and protection of the trees, shrubs and hedges, including details of the timing and phasing of all such works; (b) details of the location, number, variety and size of trees and shrubs to be planted, and the phasing of such works.
Reason: To safeguard the SINC status of the site and in the interests of maintaining the visual amenity of the landscape
R0100282 7 That before the development hereby permitted is brought into use, the management and maintenance scheme approved under the terms of condition 6 shall be in operation.
Reason: To safeguard the SINC status of the site and in the interests of maintaining the visual amenity of the landscape
8. That the natural wetland and pond areas cross hatched blue on the approved plans shall be left undeveloped and undisturbed (excepting removal of deleterious materials), the banks and margins of same shall not be used as fishing stations.
Reason: To protect the SINC status of the site and to improve and enhance invertebrate and amphibian fauna habitats.
9. That before works start on site water levels to the marsh area cross hatched purple shall be increased in height to the satisfaction of the Planning Authority.
Reason: To protect the SINC status of the site and improve the wetland habitat at this area.
10. That before works start on site, a visitor traffic management scheme shall be submitted to and approved in writing by the Planning Authority. This shall include : the identification of a main route to and from the development site from the A73 junction with Blackbog Road; appropriate sign posting proposals; locations of inter-visable passing places on the route.
Reason: In the interests of traffic safety.
11. That before the development hereby approved in brought into use, the visitor traffic management scheme/proposals approved under the terms of condition 10 shall be completed to the satisfaction of the Planning Authority.
Reason: In the interests of traffic safety.
12. That before the development hereby permitted is brought into use the vehicular access and parking layout shall be constructed in accordance with the approved plans and shall specifically include: a 6 metre radii at the entrance; sightlines of 4.5 x 90 metres along Garngibboch Road as indicated inside which nothing exceeding 1.05 metres in height above the road channel level is placed, erected or allowed to grow; all parking bays to measure 2.5 x 5.0metre with a minimum of 6 metre aisle width; all parking bays to be maintained as such; service area for refuse collectioddelivery vehicles,
Reason: To ensure the provision of adequate access, parking and servicing arrangements and in the interests of traffic safety
13. That before the development hereby permitted is brought into use, all the access and parking works shall be completed in accordance with the approved plans and to the satisfaction of the Planning Authority.
Reason: In the interests of traffic safety.
14. That, notwithstanding the provisions of Classes 1, 3, 4 and 9 of the Town and Country Planning (Use Classes) (Scotland) Order 1997, the respective shop, cafe, office use and temporary residential unit shall be considered as ancillary to and used only in association with the development hereby approved.
R0100282 Reason: To enable the Planning Authority to retain effective control over the ancillary uses associated with the development.
15. That notwithstanding the terms of condition 3 and before the development is brought into use, a security fence shall be erected along the northern site boundary as coloured purple on the approved plan.
Reason: In the interests of pedestrian safety due to the increased risk of trespass on the railway due to the development
16. That the proposed support building (noted as the office/shop/cafe on the approved plans) shall be regarded as temporary use and planning permission for this shall expire on 12 September 2003.
Reason: As the building's non-permanent design are not considered appropriate over a longer term.
17. That should the development cease to operate, all related infrastructure installations provided in support of the development shall be removed from the site within six months of the date of termination of the business, to the satisfaction of the Planning Authority.
Reason: To safeguard the site's status as a SINC and to accord with the terms of the development plan.
18. That within one year of the development hereby approved being brought into commercial use, 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 two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.
Reason: To protect the SINC status of the site and in the interests of visual amenity
List of Background Papers
Application Form and Amendment Plans, and Supporting Documents, and Business Plan, Feasibility Study- Approved Strathclyde Structure Plan 1995 Adopted Monklands District Local Plan 1991 Consultation Response from Scottish Power, received 9 April 200 1 Consultation Response from East of Scotland Water, received 2 August 2001 Consultation Response from West of Scotland Water, received 5 April 200 1 Consultation Response from SEPA, received 30 April 2001 Consultation Response from The Coal Authority, received 4 April 2001 Consultation Response from Scottish Natural Heritage, received 13 August 200 1 Consultation Response from Director of Community Services, received 12 June 2001 Consultation Response from CSCT, received 23 April 200 1 Consultation Response from Transco, received 3 April 200 1 Consultation response from Director of Finance received 1 August 2001 Letter of Objection from Mr D B Gallacher South Myvot Farm Cumbernauld received on 12 April -2001 Letter from Railtrack, received 2 November 2000
R0100282 Any person wishing to inspect the above background papers should telephone Coatbridge 812376 and ask for Colin Marshall.
R0100282 APPLICATION NO. C/01/00282/FUL
REPORT
1. PROPOSAL AND SITE
1.1 Planning permission is being sought to establish a commercial course fishery at Madgiscroft Quarry, Garngibboch Road, Cumbernauld. This quarry is located approximately 1/2 mile to the south of Condorrat, and bounds the main railway line. It is claimed this fishery would be the first of its type to be developed in Scotland. Most other fisheries in Central Scotland provide game fishing facilities where anglers may use boats or move about on the banks of a loch or river in pursuit of browdrainbow trout or salmon etc. Game fishing anglers generally keep their catches. In course fishing (carp, roach, pike etc) anglers tend to sit at fishing stations or pegs and return their catches. This type of sport is generally more common throughout England and Ireland.
1.2 The quarry site extends to some 7 ha and was formerly used for clay extraction. Workings ceased in the early 1960’s and the site abandoned in 1963. The main feature is an elongated, deep body of water that is overlooked by a high rock cliff of sandstone, siltstone and shale. The watercourse is fed via an inlet on its southern edge with outflow to the northwest. Water levels are apparently fairly consistent excluding seasonal variations. Several much smaller ponds and associated marshes are present and the higher levels have become colonised by mature trees, shrubs and herbaceous vegetation. Due to this wide diversity, the site has been identified as a Site of Interest for Nature Conservation (SINC). The site has been subject to vandalism, and it is known that abandoned vehicles have been dumped over the cliff into the watercourse. The developer has advised that the cliff is also used by foolhardy individuals as a diving platform and as such is considered as a danger to the public. The watercourse currently supports a variety of course fish species. Locals on an ad-hoc basis apparently fish the water.
1.3 The proposal would involve the development of a course fishery complex using the existing watercourse at Madgiscroft Quarry with the formation of a new vehicular access and provision of associated car parking, visitor facilities including toilets cafe, tackle store, office and mobile home as temporary accommodation for a manager. The proposal would also involve the re-grading of a 30ft high cliff, formation of other ponds and wetland areas and also include planting works and a protection and management scheme aimed at protecting the more valuable wetland habitats. Additional footpaths would be created throughout the site.
1.4 The developer hopes to develop a high quality facility that will create a wide range of angling opportunities for anglers to engage in fishing for pleasure, competition and specimen fishing. The facility would cater for family groups, young and novice anglers and non-ambulant anglers. The developer recognises the SINC status of the site and the proposals, whilst significantly affecting the land-form through the proposed re-contouring of the cliff face intends to initiate habitat diversification schemes aimed at providing improved opportunities for wildlife. Some wetland areas and rare plant species patches (Tufted Loosestrife) are also to be identified and afforded protection where public access would be seasonal, controlled or prohibited.
1.5 The developer intends to undertake the works gradually over a three year period. This is due to financial considerations but also to minimise the impact of the alterations on the existing habitats.
1.6 The fust phase would involve the regrading of the 30ft high cliff face. From a vertical drop the re- contouring would result in a more manageable and safer 30 degree slope, effectively pulling the top level back some 20 metres. This would extend along its length forming an even grade to the edge of the watercourse. The slope would be planted with native fauna to extend existing habitats. Two paths would be formed, one at the waters edge, the other traversing midway along the new slope. Most of the cliff material would be used to reprofile the basin of the watercourse, removing the deep eastern edge of the pool. This would be done by bulldozer and back actor. Displaced water volumes would be controlled via sluice gate at the water outlet. A path of rolled hardcore would be created along the southern boundary of the site to complete the walkway around the main water course. The pathway would be formed by hand thus allowing natural habitats on either side to remain reasonably undisturbed. The upper plateau area would be leveled and car park and new entrance formed. The car park surface would consist of rolled hardcore with parking spaces delineated to the prescribed sizes by timber logs. A new pond with small island would then be formed at the northern end of the car park
R0100282 area. It is envisaged that the main pond would be large enough to accommodate 43 no fishing pegs evenly spaced and accessed via the main path. A typical fishing peg would consist of a projecting boxed timber platform backfilled with hardcore, accessed via a path. Plant species would be maintained to each side. A new vehicular access would be formed with appropriate sight lines, gates set back 15 metres with the entrance surfaced in asphalt. Cars would be restricted to the upper plateau area. This phase would also include the erection of a support building, portable in design and would house the permit office, snacks, bait and tackle shop and toilets with appropriate septic tank provided to SEPA specifications. Part of the car park area would also accommodate a play area with barbecue facilities although no details of this were provided.
1.7 Phase 2 (second year) would involve the formation of an additional pond to the south part of the site. This consists of a lower plateau and the new pond would have a central island thus creating additional marginal wetland areas not accessible to the public. Additional footpaths would be formed and it is during this phase that significant planting proposals would be implemented.
1.8 Phase 3 (third year) would involve the submission of a detailed application for planning permission for a managers dwellinghouse. The applicant had originally applied for a permanent house in association with the proposal but amended this in the course of the application’s consideration to temporary accommodation. The developer is willing to enter into a section 75 agreement with the council at that stage. Additional woodland walkways are proposed around the perimeter of the site with a view to providing interpretive facilities on native habitats and species. By the end of phase 3 it is envisaged that up to 70 fishing pegs would be available. (Originally the developer had proposed around 140 pegs however this was deemed too intensive by both SNH and Community Services)
1.9 In support of the application the developer has submitted letters of support fiom Sport Scotland and the Scottish Federation for Coarse Angling, an Appraisal of the proposals by a Fisheries Management Consultant, a detailed business plan and feasibility study by Tourism Resources Company. These generally support the envisaged viability of the proposal.
1.10 In addition to this the developer has offered the following additional comments. The fishery will attract tourists which can indirectly improve the local economy. It is envisaged that phase 1 works would create 7.2 net jobs direct, and indirect. The fishery will add to the tourist attraction to the central belt as this facility is rarely found in Scotland. The development would remove the danger of the high cliff face and areas of deep water through the re-profiling works. The fishery would be aimed at family groups with a range of activities provided. The development is designed to enhance the countryside bringing a management regime to an otherwise vandalised or unsupervised site, despite its apparently thriving nature conservation interest. The facility would improve and diversify the range of sporting facilities available to the residents of North Lanarkshire. Course Fishing Contests are held at National Level and as such the fishery may provide some prestige. The facility would provide recreational opportunities to youth and people with disabilities.
2 DEVELOPMENT PLAN
2.1 Under the terms of the Approved Structure Plan 1995 the application site is located within an area covered by the following Policy:- GB 1/GB1A Green Belt
2.2 Under the terms of the Adopted Monklands District Local Plan the application site is located within an are covered by the following policies:-
GB 1 Restrict Development in the Green Belt LI/1 High Quality Landscape RE1 Support Rural Economy
2.3 The site is identified, as a Site of Interest for Nature Conservation (SINC) and as such the proposal should accord with the aims of North Lanarkshire’s Biodiversity Action Plan 2000. SINCs are non- statutory but such sites are likely to be incorporated within emerging development plans and are relevant to this proposal.
R0100282 2.4 The emerging Structure Plan 2000 for Glasgow and the Clyde Valley would be a material consideration in the assessment of the proposal.
3. CONSULTATIONS
3.1 Scottish Power raised an initial objection to the proposal as an overhead power line traverses the western part of the site. The developer has now contacted Scottish Power to discuss the matter and the objection has been withdrawn.
3.2 Railtrack had no objection provided an effective security fence is provided at their mutual boundary.
3.3 The Director of Finance has inspected the submitted business plan and considered the proposal has a good chance of success. He had no objection to the proposal.
3.4 SEPA had no objection to the proposal and raised no concerns over the change in levels at the ponds or the impact on lower water courses.
3.5 Scottish Natural Heritage had no objection to the amended proposals provided the marginal wet land areas were protected and that a proper management scheme be adhered to.
3.6 The Director of Leisure Services had some significant concerns over the impact of the development however following discussions and the submission of amended plans initial concerns have been dissipated given the protective measures now encompassed in the revised plans. The developer is to introduce ‘safe haven corridors’ and additional wetland areas to allow wildlife escape or relief from the otherwise relatively intensive nature of the development. In addition improved and increased numbers of wetland areas are to be created in mitigation of any loss of habitat as a result of the development.
3.7 Central Scotland Countryside Trust had no objection to the proposal but advised that the developer should agree to undertake a sound strategy for how any adverse impact on the more valuable habitats within the site may best be mitigated.
3.8 The Coal Authority had no objection to the proposal
3.9 The Transportation Manager had no objection to the proposal subject to conditions relating to the need to provide passing places over a sign posted access route, appropriate site lines and parking layout.
4. OBJECTORS
4.1 One letter of objection was received from Mr David B Gallacher. He objected on the following grounds. That there was a likely-hood that due to the cliff face being knocked into the watercourse the lower lying water courses could become contaminated. The proposal is likely to lead to increased levels of traffic on small country lanes where there would a potential road safety problem. The proposal is contrary to the Green Belt policy and would result in a loss of habitat and wildlife.
5. ASSESSMENT
5.1 The proposal is considered to conform to the adopted local plan as the proposed use does require a rural location and the use itself would be a conforming green belt use. The proposal can be justified using the criteria set out in Structure Plan Policy GBlA and also conforms to the aims of Local Plan Policy RE1 as I would accept that if successful the business will offer employment opportunities to the area, and may improve the wider local economy with additional visitors. The submitted business plan is comprehensive in content and the Director of Finance has no significant concerns over the business’s ability to be viable. I consider that on policy grounds the proposal could be justified and would be acceptable in terms of green belt policy. It does not conflit with the criteria of strategic policy and of the Glasgow & Clyde Valley Joint Structure Plan.
5.2 A significant factor in determining this proposal is to establish the impact the development may have on the designated SINC. Clearly the site supports a variety of diverse species and habitats and although subject to vandalism and lack of management, the area appears to be thriving in wildlife terms. The proposals will have an impact on the site as the high cliff would be removed and water levels altered,
R0100282 However I consider the developer has demonstrated that the proposals, although significantly altering the appearance of the site do introduce a number of measures, when taken together offer sufficient mitigation and should ensure the site retains its status as a SINC. Indeed with the introduction of additional wetlands, designation of protected areas and escape zones, with in addition a pro-active management regime I consider the habitat diversity may be enhanced. The phasing of the development is also welcome and will help in allowing affected areas to recover and re-establish. The Director of Community Services, Scottish Natural Heritage, Central and the Scotland Countryside Trust had no objection to the revised proposals subject the satisfactory implementation of the agreed plan.
5.3 Although Scottish Power raised an objection they have explained that this was purely through the initial lack of contact between the developer and the utility company. This matter has now been resolved
5.4 Turning to the letter of objection from Mr Gallacher I would offer the following comments. SEPA were made aware of the full scope of the proposal but had no objections. The developers’ fisheries management consultant has advised that an adjustable outlet sluice would be installed to control flood water. It is noted the roads in this area are fairly typical rural roads however the Transportation Manager had no objection to the proposal provided passing places are provided over an agreed route. This would be signposted with all costs including the provision of passing places would be met by the developer. Appropriate sight lines would be provided and the new access constructed to the required standard. As such traffic safety is not considered to be a significant concern. With regard to the loss of wild life it is my view that although there would be a significant change to the appearance of the site, I do not consider this would have a detrimental impact on wildlife numbers over the longer term. The proposal is to be phased over three years, additional habitats would be created, existing wetlands protected and the whole site subject to a careful and controlled management criteria.
5.5 Following consideration of all of the material issues and having considered the policies of the development plan I would conclude that the proposed fishery is acceptable and recommend that planning permission be granted subject to conditions.
R0100282 Application No. C/01/0041 5FUL Date registered 24‘h April 200 1 APPLICANT MR C WOODS, C/O 110 STIRLING STREET, AIRDRIE
Agent John McNulty, 391 Kings Park Avenue, Glasgow, G73 2HU DEVELOPMENT CHANGE OF USE AND ALTERATION TO SHOPFRONT TO FORM EXTENSION TO PUBLIC HOUSE LOCATION 108 STIRLING STREET, AIRDRIE
Ward No. 41 Grid Reference 275906.665393
File Reference C/PL/AIS74 1 108/GLLR
Site History 90/234 Rear Extension to Public House to Provide Kitchen Facilities, Granted 5.4.90 89/054 Change of Use of Public House to Lounge BarDiscothequeLive Entertainment, Granted 9.2.89 87/004 Alterations to Public House, Granted 7.1.87
Development Plan The site is zoned ECON 9 Secondary Core Areas in the Monklands District Local Plan 199 1. The site is also located in the Victoria and Town Centre Conservation Area.
Contrary to Not contrary to zoning Development Plan
CONSULTATIONS
Objection No Objection Conditions No Reply
REPRESENTATIONS Neighbours One
Newspaper No Response Advertisement
COMMENTS This application relates to the change of use of an existing shop unit to form an extension to an adjoining public house at 108 Stirling Street, Airdrie. The application site and adjoining public house encompass the ground floor of a two storey building situated on the north side of Stirling Street opposite the John Smith swimming baths. Flats are situated at first floor level. The shop is currently occupied by Apollo Blinds, and the change of use allows the expansion of the Imperial Bar at 110 Stirling Street to form an additional lounge. The frontage signboard design and construction is to be extended over the new lounge area to match the existing frontage to the Imperial Bar. The proposal has received one objection from the occupant of the flat above the proposed extension and has been advertised as a ‘bad neighbour’ development. The site is zoned ECON9 Secondary Core Areas in the Monklands District Local Plan 1991 and the proposal should also be assessed in terms of Design Guidance, Shopfront Design. The site is also located in the Victoria and Town Centre Conservation Area. On balance, it is considered that the change of use does not constitute a significant intensification of the existing public house
use. The applicant has addressed the issue of potential noise disturbance for the adjoining residential unit and Protective Services are satisfied that appropriate sound proofing can be incorporated as part of the development. On balance, it is recommended that the application be granted subject to 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 the change of use hereby permitted commences, the recommendations of Stanger Science and Environment's Report of 22 August 2001, submitted in support of the planning application, shall be carried out in full, to the satisfaction of the Planning Authority.
Reason: To ensure appropriate sound proofing is provided in the interests of the amenity of the adjoining residential units.
3. That before the use hereby permitted commences the applicant shall supply a signed certificate from the noise consultant noted at condition 2 above, verifying that all recommended noise insulation has been completed and that post treatment airbourne sound insulation measurements have been undertaken and have proved satisfactory.
Reason: To ensure appropriate sound proofing is provided in the interest of the amenity of the adjoining residential units.
4. That the proposed shop frontage and signage shall match the existing frontage of the Imperial Bar in terms of colour and design and overall appearance, or such other colour design and general appearance that may first be agreed in writing with the Planning Authority.
Reason: In the interest of the amenity of the area.
List of Background Papers
- Application forms and accompanying plans received 6'h April 2001. - Adopted Monklands District Local Plan 199 1. - Internal consultation response from Transportation Manager dated 4 May 2001. - Internal consultation response from Protective Services Division Area Manager dated 1 1 June 2001. - Letter of objection from Mr. M. Campbell, 104D Stirling Street, Airdrie received 18 April 200 1.
Any person wishing to inspect the above background papers should telephone Coatbridge 812374 and ask for Gordon Liddell. APPLICATION NO. C/01/00415/FUL
REPORT
1. SITE AND PROPOSAL
1.1 This application relates to the change of use of an existing shop unit to form an extension to an adjoining public house at 108 Stirling Street, Airdrie. The existing frontage and signboard design of the public house is to be extended over the shop unit.
1.2 The application site and adjoining public house encompasses the ground floor of a two storey building, situated on the north side of Stirling Street opposite the John Smith Swimming Baths, Flats are situated at first floor level. The shop is currently occupied by Apollo Blinds, and the change of use allows the expansion of the Imperial Bar at 110 Stirling Street to form an additional lounge.
1.3 The site is zoned ECON9 Secondary Core Areas in the Monklands District Local Plan 1991 and the proposal should also be assessed in terms of Design Guidance, Shopfront Design. The site is located in the Victoria and Town Centre Conservation Area.
2. CONSULTATIONS
2.1 The Transportation Manager has no objection to the proposal.
2.2 Protective Services Division Area Manager has no objection to the proposal subject to the implementation of all the recommendations of Stanger Science and Environment’s Report of 22 August 200 1, to the satisfaction of the Planning Authority.
3. OBJECTIONS
3.1 One letter of objection has been received from the occupant of the flat above the proposed extension giving the following reasons; 0 That the proposed development would have an adverse impact on adjoining residential units in terms of noise disturbance; both in relation to the extension of the public house beneath a flat and the generation of further general disturbance on the street; 0 That the proposed development would adversely affect the value of the property located above.
4. ASSESSMENT
4.1 This application should be assessed in terms of the Development Plan and other material considerations. Policy ECON 9 of the Monklands District Local Plan 1991 advises :-
‘The principle of a mixture of uses will be accepted. Existing light industrial and commercial uses will be encouraged to remain, subject to there being no change of use or intensification of use likely to create adverse environmental effects. However, the development of, or expansion of, General Industry or “Bad Neighbour” Developments will be discouraged.’
4.2 In this instance the acceptability of a mixture of uses is apparent in the vicinity of the application site with a mix including shop units, two public houses and swimming baths all in relatively close proximity. While the development of, or expansion of ‘Bad Neighbour’ developments is generally discouraged, the Imperial Bar is an established Public House on Stirling Street and the proposed extension is not considered to be of significant size or intensification to merit refusal of the application. On this basis the proposal is considered-in keeping with the spirit and intentions of Policy ECON 9. 4.3 In addition to the above, in order to comply with Policy ECON 9 the proposal should clearly have no adverse environmental impacts on the surrounding area. In relation to point one of the reasons of objection it is acknowledged that the change of use will extend below an existing first floor flat. The applicant was required to submit a noise impact assessment of the proposed development from a qualified sound engineer detailing appropriate measures of sound insulation to help abate any potential noise nuisance. The recommendations of this report have been accepted by The Protective Services Division and are considered to offer sufficient evidence that the change of use can be permitted without significantly affecting the adjoining residence in terms of noise nuisance. The implementation of all sound insulation is attached to this recommendation as a planning condition to be carried out in full should the committee be minded to grant permission. In relation to further disturbance outside the public house in terms of noise, taxi’s etc, it is considered that the size and nature of the extension would not significantly impact on the current situation, and would not be to an extent to merit refusal of the application. The additional door below the flat is proposed as a fire exit rather than an operational entrance.
4.4 The proposal is assessed in terms of the policies contained in the Monklands District Local Plan and other material considerations. Objections relating to a potential loss in value to neighbouring properties are not material in the assessment of the development, especially where the development accords with the spirit and intentions of relevant Local Plan policies and there is already a mix of uses in the area. The potential of such development is apparent in this kind of location and this objection is not considered to provide sufficient grounds for refusal.
4.5 A final aspect of the proposal to consider relates to the alteration to the shop front and signage, especially as the site is located in the Town Centre and Victoria Conservation Area. The applicant proposes to extend the existing frontage and signage to the Imperial Bar over the adjacent unit retaining the existing design and proportions. The proposed design is of an adequate standard and will ensure that there will be no detriment to the visual amenity of the area.
5. CONCLUSION
5.1 On balance, the proposed development is considered acceptable in principle on the basis that it comprises a modest extension to an existing public house within an area where a mix of uses is established. Concerns relating to potential noise nuisance are noted. However, the applicant has demonstrated acceptable sound insulation to the satisfaction of the Protective Services Division and this will ensure no significant adverse effects on adjoining residential units. Any future noise complaints would be subject to separate Environmental Regulations. The proposed frontage and signage alterations comply with relevant design guidance and are considered to be in keeping with the area. The application is therefore recommended for approval subject to conditions. Application No. C/O 1/00566/OUT Date registered 1lth May 2001 APPLICANT STEWART HOMES, 24 HIGH STREET, BONNYRIDGE, STIRLINGSHIRE, FK4 1DA
Agent Kenneth Martin, GCA Architects, 87 Calder Street, Coatbridge, ML5 4EY
DEVELOPMENT DEMOLITION OF EXISTING STEELWORKS AND REPLACEMENT WITH RESIDENTIAL DEVELOPMENT (IN OUTLINE) LOCATION FORMER DUNDYVAN STEELWORKS (MARTINS OF DUNDYVAN) 91 DUNDYVAN ROAD COATBRIDGE LANARKSHIRE ML5 1EA
Ward No. 36 Grid Reference 272916 664419
File Reference C/PL/CTD68609 l/DWB/LR
Site History Planning Consent 75/023 for Erection of 450mm Mill Building. Planning Consent 79/151 for Erection of Amenities Block. Planning Consent 79/166 for Extension to Mill & Erection of Office. Planning Consent 88/443 for Extension to the Rolling Mill to house new machinery.
Development Plan Strathclyde Structure Plan 1995 - STRAT5, RESI, INDI, 2, 3,4,5,6,7 and 8 Monklands District Local Plan 1991 - ECON2, HG10 Finalised Glasgow and Clyde Valley Structure Plan 2000 - Strategic Policy 9
Contrary to Development Plan No
CONSULTATIONS
Objection No Objection The Coal Authority, Transco, Strathclyde Police, West of Scotland Water
Conditions NLC Community Services, NLC Education Department SEPA No Reply
REPRESENTATIONS Neighbours One letter of representation
Newspaper No response Advertisement
COMMENTS This application is for the demolition of vacant steelworks and subsequent residential development in outline on approximately 4ha at the former Martins of Dundyvan Steelworks, Dundyvan Road, Coatbridge. The site has lain vacant since 1992 following closure of the steelworks and is increasingly becoming derelict in appearance. The site owner has indicated difficulty in marketing the site for industrial uses and that the current proposal represents the only substantive interest in redeveloping the land. Neighbour notification and advertisement (as potentially being contrary to the local plan) resulted in no response. The standard consultees resulted in no objections subject to conditions. The proposal is not considered to be contrary to the development plan following the submission of a transportation assessment and a supporting statement relating to the marketing of the site. I therefore consider that the proposal will, subject to the proposed conditions, result in a suitable redevelopment of a vacant site.
R0100566
RECOMMENDATION
Grant, subject to the following conditions:-
1. 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.
2. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the provision of equipped play areas; (e) the provision of public open space; (f) the details of, and timetable for, the hard and soft landscaping of the site; (g) details for management and maintenance of the areas identified in (d),(e) and (f) above; (h) the design and location of all boundary walls and fences; (i) the phasing of the development; (j) the provision of a drainage system, with a presumption in favour of a sustainable Urban Drainage System. (k) the disposal of sewage; (1) details of existing trees, shrubs and hedgerows to be retained; (m) details of existing and proposed site levels.
Reason: To enable the Planning Authority to consider these aspects.
3. That within three years of the date of this permission, an application for approval of the reserved matters, specified in condition 2 above, shall be made to the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
4. That before development hereby permitted starts, a report describing the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority and the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.
Reason: To identify any potential contamination issues and ensure that the site is redeveloped to an appropriate standard
5. That following the completion of all or any part of the works required under the terms of condition no. 4 above, a certificate fiom a suitably qualified person or body shall be submitted to the planning authority confirming that all necessary works have been carried out.
Reason: To ensure all potential contamination has been adequately addressed in the interest of public health.
6. That open space and play area details shall be in accordance with the Council's approved Developer's Guide to Open Space and in so far as possible, the layout and provision of open space should allow for the retention of the area outlined in GREEN on the approved plans.
R0100566 Reason: To ensure that the development provides an acceptable level of amenity, and in the interest of nature conservation.
7. That, notwithstanding the provisions of the Building Standards (Scotland) Regulations 1990, and before the development starts, a certificate from a recognised fm of chartered engineers, duly signed by a Chartered Engineer or Chartered Geologist of Geotechnical Advisor Status (ICE, SISG 1993) shall be submitted to the Planning Authority confirming the mineral stability of the site. This certificate shall be based on a professionally supervised and regulated rotary drilling programme.
Reason: To ensure the mineral stability of the proposed housing site in the interest of prospective residents (Note: A copy of the required certificate is available from the Area Office)
That the total number of dwellinghouses within the site shall not be more that 150.
Reason: To define the permission in order to limit the development so that appropriate vehicular access and egress can be achieved.
That before the development hereby permitted is completed or occupied a mini-roundabout of ICD approximately 18m shall be completed, to the satisfaction of the planning authority, at the entrance to the site onto Dundyvan Road.
Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings,
10. That prior to the demolition of the buildings hereby permitted a survey of the site shall be carried out to identify the location of Northern Marsh Orchids and Common Spotted Orchids and that a scheme be submitted for their translocation to within the area of conservation outlined in GREEN on the approved plan.
Reason: To protect and manage the Northern Marsh Orchid, and Common Spotted Orchid, in the interest of nature conservation.
11. That before the development hereby permitted starts a noise assessment should be submitted detailing any measures that are required to ensure that the proposed residential development meets the requirements of PAN 56 Planning and Noise.
Reason: To assure that the proposed development is not adversely impacted by noise arising fiom the adjoining rail lines.
List of Background Papers - Application forms, plans and supporting statement submitted on 2 1 May 200 1 - Strathclyde Structure Plan 1995 - Monklands District Local Plan 1991 - Finalised Glasgow and Clyde Valley Structure Plan 2000 - Supporting statement from agent received 17 August and 20 August 200 1 - Transportation Assessment received from Oscar Faber received 8 August 2001 - Consultation response from Transco received 7 June 200 1 - Consultation response from The Coal Authority received 8 June 2001 - Consultation response from Transportation Manager received 11 June 2001 and - Consultation response from Strathclyde Police received 13 June 200 1 - Consultation response from NLC Education received 14 June 2001 - Consultation response from SEPA received 15 June 200 1 - Consultation response ftom West of Scotland Water received 18 June 2001 - Consultation response from NLC Community Services received 26 June 200 1 - Consultation response from Environmental Control Manager received 2 July 200 1 - Letter of representation from Railtrack received 25 June 2001
Any person wishing to inspect the above background papers should telephone Coatbridge 812372 and ask for Mr. Baxter
R0100566 APPLICATION NO. C/01/00566/OUT
REPORT
1. SITE & PROPOSAL
1.1 This application is for the demolition of vacant steelworks and subsequent residential development in outline on approximately 4ha at the former Martins of Dundyvan Steelworks, Dundyvan Road, Coatbridge.
1.2 The site is located between two rail lines to the north and south and Dundyvan Road to the west. There is a cycle track that runs along the northern boundary. The Luggie Burn runs along the southern boundary and to the east is open space that was formerly an industrial site. The large steel clad buildings cover approximately two thirds of the site with the remaining area to the south east of the site in birch woodland.
1.3 The site is zoned ECON2 Existing General industrial Areas in the Monklands District Local Plan 1991 and new residential developments outwith existing residential areas are assessed under policy HG10. In terms of the Strathclyde Structure Plan 1995 the following policies are relevant STRATS, RES 1, IND 1, 2, 3, 4,5,6,7 and 8. While Strategic Policy 9 in the Finalised Glasgow and Clyde Valley Structure Plan 2000 is a material consideration.
1.4 The applicant has submitted two supporting statements suggesting that the proposed development is not contrary to the development plan and that as the site has lain vacant since 1992 following closure of the steelworks the current proposal represents the only substantial interest in the redeveloping the land.
2. CONSULTATIONS AND REPRESENTATION
2.1 Neighbour notification and advertisement of the proposal as being potentially contrary to the local plan resulted in one letter of response fkom Railtrack. They have no objections subject to the provision of appropriate fencing along the common boundary with the railway.
2.2 The following consultees had no objections: Transco, Strathclyde Police and West of Scotland Water.
2.3 The Coal Authority has indicated that the site is within the likely zone of influence of old workings.
2.4 The Education Department has indicated that St. Augustine’s Primary School within the area is operating near capacity and the proposed development may result in some children requiring transportation to another school.
2.5 SEPA has indicated no objection to the proposed development subject to appropriate treatment of any contaminated land and has recommended the incorporation of a sustainable urban drainage system to deal with surface water within the site.
2.6 NLC Community Services have no objections subject to:
(a) retention of willowibirch scrub and grassland area along south eastern section of the site, (b) relocation of existing Northern Marsh Orchids and Common Spotted Orchids from within the site to this area; (c) play and open space provision based on the Developers Guide to Open Space; (d) the opportunity being made to improve the water quality of the Luggie Burn to the south of the application site; and (e) Protection of the birch woodland and other vegetation during demolition.
2.7 The Environmental Control Manager has no objections subject to conditions relating to demolition, construction, noise assessment and identification and treatment of potential contaminants.
R0100566 2.8 The Transportation Manager requested a traffic study to assess the impact of such a development on the existing road network. Following the submission of this information he has no objection to the proposal subject to conditions that will be addressed as part of a reserved matters application.
3. OBESERVATIONS
3.1 The assessment of this application is based on the development plan policies relating to the site and other material considerations.
3.2 Strathclyde Structure Plan 1995 The relevant approved Structure Plan is Strathclyde Structure Plan 1995. Industry and business policies in the approved Structure Plan fall under three general headings: policies relating to identification of industrial land (IND1,2, 3, 4,5,6,7 and 8); policies setting criteria for assessing development proposals (IND lA, 3A, 4A and 7A), and recommendations. Development criteria relate to: non-industrial proposals on industrial land; industrial proposals on non-marketable industrial land, and large-scale industrial proposals outwith certain sites. That is, Structure Plan industry and business policies relate only to development land. There are no policies in the approved Structure Plan that specifically relate to residential, or other types of proposed development, on existing industrial use locations. Such detailed considerations are reserved for local plans.
3.3 The application site is presently comprised of semi-derelict buildings and land . The relevant policy fiamework within the Structure Plan is, therefore, the strategy in support of urban renewal, in particular ‘STRAT5’ states that: “TheRegional Development StrategV requires that priority be given to integrated action to, (a) accelerate the process of urban renewal and regeneration through (b) land reclamation and environmental improvement to remove vacant, derelict, and degraded land, andplanning blight, so as to (c) provide opportunities for economic development, new housing, improvement of housing conditions, and enhancement of the environment, in the following areas: North Lanarkshire Motherwell North Coatbridge Central/South East Airdrie South and East Ravenscraig
Newmains. I)......
3.4 Relevant Structure Plan policy, therefore, supports redevelopment of the site in principle. The Structure Plan does not generally seek to be prescriptive about end uses, however, and development for new housing is only one of the uses supported. STRAT5 is a general broad-brush urban renewal policy that supports the principle of redevelopment. It does not necessarily favour change of use, in this case fiom an industrial use.
3.5 Monklands District Local Plan 1991 The relevant policy in the adopted Monklands District Local Plan 1991 is ECON2 Existing Industrial Areas, which states that: The District Council Supports:- (a The retention of a predominantly industrial character of the areas indicated on the proposals maps. (b) Continuation of industrial use where existing industrial premises and or land in these areas are redeveloped, unless this is proved to be impracticable due to poor ground stability, unsuitability of buildings, or ifthere are major benefits to the communityfrom a change of use. (c) The subdivision of vacant factories to provide premises for small firms, provided that parking, servicing and amenity standards can be adequately met. (4 The operation of wholesale or distribution outlets, but not retail units.
3.6 This policy was framed in response to decline of the local plan area as a manufacturing centre and transfer of large amounts of former industrial land to other uses such as housing. It recognised the importance of retaining industrial sites in industrial use unless it is conclusively proved that they are unsuitable.
R0100566 3.7 Taken together, the above development plan policies would in the first instance support redevelopment of the application site for an industrial use. The applicant has however demonstrated in supporting statements that the site has been marketed since the works closed in 1992 and that there has been little interest in either bringing the site back into use or redeveloping it for industrial purposes.
3.8 The developer is seeking to resolve the problems associated with the site’s former industrial use. In this instance the site is suitable for a residential use with good access to both the road and rail network. There is also a proposed link to the adjoining cycle route that would provide access for cycle and pedestrian movement to the town centre.
3.9 The Transportation Manager has indicated that subject to conditions relating to access, parking and manoeuvring the site should be able to accommodate up to 150 dwellinghouses without adverse impact on the surrounding road network.
3.10 The comments fiom Community Services, relating to the conservation potential of the site and open space are addressed in the recommended condition. In addition the need for further information relating to noise and potential contamination of the site is covered by the recommended conditions.
4. CONCLUSION
4.1 The proposal will remove vacant buildings that are falling into disrepair and provide up to 150 homes in a landscaped setting. I consider that the proposal is not contrary to the development plan following the submission of a transportation assessment and supporting statements relating to marketing of the site as existing and for alternative uses. The retention of this site for industrial purpose would be preferable. I however, consider that the development, subject to the proposed conditions, should result in a suitable redevelopment of this vacant site.
R0100566 Application No. C/O U0068 1RUL Date registered 8 June 200 1 APPLICANT TURNBERRY HOMES LTD, ALLERDYCE DRIVE, GREAT WESTERN ROAD, GLASGOW G 15 6RX
Agent T Lawrie and Partners, Clyde Skypark, 8 Elliot Place, Glasgow G3 8EP
DEVELOPMENT ERECTION OF RESIDENTIAL DEVELOPMENT COMPRISING 30 DWELLINGHOUSES (AMENDMENT TO PLANNING PERMISSION c/oo/oo349/FuL) LOCATION TURNBERRY HOMES SITE, 7 OLD MONKLAND ROAD, COATBRIDGE
Ward No. 38 Grid Reference 272980 663543
File Reference
Site History C/OO/OO349/FUL Erection of residential development Granted 2 1 June 2000 96095 Part Use of Public House as Self-contained Betting Shop. Granted 24 April 1996 94239 Erection of Extension to Car Repair Workshop. Granted 12 July 1994 9 1275 Erection of Vehicle Repair/Servicing Workshop. Granted 7 November 1994 89072 Erection of Store Room to Rear of Public House. Granted 13 April 1989 891 14 Formation of Taxi Office and Erection of Porta-Cabin. Granted 11 May 1989 89134 Change of Use of Public House and Lounge Bar to Public House and Entertainment Lounge. Refused 13 April 1989
Development Plan Under the terms of the Adopted Monklands District Local Plan 1991 the application site is located within an area covered by the following policies:-
HG 3/34 New Private Sector Housing Development LR 11 Improve Open Space
Contrary to Development Plan Yes
CONSULTATIONS
Objection No Objection West of Scotland Water, Transco, The Coal Authority Conditions NLC Director of Community Services No Reply
REPRESENTATIONS Neighbours Two
Newspaper No Response Advertisement
COMMENTS Planning permission is being sought for the development comprising 30 houses on a site located to the south of Old Monkland Road, Coatbridge. The site has a frontage onto Old Monkland Road and is bounded to the northeast. by an Ambulance Depot and adjacent housing area, to the south by all weather sports pitches at Rosehall Park and to the west by Kirkshaws Community Centre.
R010068 1 SM R i! 1 n i
Football Ground Football Ground
Produced by I Department of Planningand Environment PLANNING APPLICATION NO: C/01/00681/FUL DirectorateSUDDO~~ Unit ERECTION OF RESIDENTIAL DEVELOPMENT COMPRISING 30 DWELLINGHOUSES (AMENDMENT TO C/OO/OO349/FUL) G67 1 JW AT 7 OLD MONKIAND ROAD, COATBRIDGE *LOCATION OF OBJECTORS ~A Telephone01236616210 Fax.01236616232 1:1250 This copy has been produced specifically for Planning and Buildlng Control purposes only OS Licence LA 09041L No further copies may be made A general store is located to the northwest and vacant industrial premises are located within the site boundary.
The application site boundary encompasses of an area of vacant derelict ground, which sits immediately off Old Monkland Road, and an area of public open space, that makes up to the rear portion of the site. A public house and petrol station formerly occupied the derelict ground and these buildings have now been demolished. The area of public open space forms part of the larger Rosehall Park and consists of grassed area and with a number of mature trees and shrubs.
Following my detailed assessment of the proposal and having taken into account all of the material factors I have concluded that the proposal is acceptable.
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 the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: To enable the Planning Authority to consider these aspects.
3. That before any of the dwellinghouses hereby permitted, situated on a site upon which a fence or wall is to be erected, are occupied, the fence, or wall, as approved under the terms of condition 2 above, shall be erected.
Reason: To safeguard the amenity of the adjoining residential area.
4. That before the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: To enable the Planning Authority to consider these aspects.
5. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:-
(a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) 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. Reason: To enable the Planning Authority to consider these aspects.
6. That within one year of the occupation of the last 2 dwellinghouses 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 5 above, shall be completed; and any trees,
R0100681 shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.
Reason: In the interests of amenity.
7. That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, any garages built within the curtilage of any of the dwellinghouses hereby permitted shall be finished in materials which match those used on the existing dwellinghouse.
Reason: In the interests of amenity.
8. That the integral garages provided at plots 11 and 18 as noted on the plans hereby approved shall not be altered for use as a habitable rooms without the prior written consent of the Planning Authority.
Reason: To enable the Planning Authority to retain effective control, in order to ensure these plots are not overdeveloped.
10. That a visibility splay of 4.5 metres by 60metres, measured from the road channel, shall be provided on both sides of the vehicular access and before the development hereby permitted is completed, 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 traffic and pedestrian safety.
11. That no dwellinghouse hereby permitted shall be occupied until the road and footpath adjacent to it have been constructed to basecourse standard and the road and footpath shall be maintained thereafter to the satisfaction of the Planning Authority during the construction phase.
Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings.
12. That before the last of the dwellinghouses hereby permitted is occupied, all roads and footways shall be completed to final wearing course.
Reason: To ensure continuity in the development of the Estate.
13. That the frst 2 metres of each driveway shall be paved over its entire width, provided with a drainage facility and dropped kerb all to the satisfaction of the Planning Authority.
Reason: In the interests of pedestrian and vehicular safety and to prevent deleterious material being carried out onto the highway.
14. That the access road shall be a minimum of 5.5m wide and be provided with 2 x 2m wide footway.
Reason: In the interest of public safety.
15. That junction sightlines of 4.5m x 60m shall be provided and sustained, inside which, nothing higher that 900mm shall be constructed or allowed to grow.
Reason: In the interest of traffic safety.
16. That the vehicular access to the adjacent shop shall be provided with a dropped kerb.
Reason: In the interest of traffic safety.
R010068 1 17. That notwithstanding the terms of Condition 5C the existing trees and shrubs noted on approved plan 573-501 shall be retained, incorporated within the submitted landscape scheme and be subject to appropriate practical measures whilst construction works are proceeding.
Reason: In the interests of the visual amenity of the site.
Note: This application will require to be referred to the Scottish Ministers in accordance with the Town and Country Planning (Notification of Applications) (Scotland) Direction 1997.
List of Background Papers
Application Form and Plan Adopted Monklands District Local Plan 1991 Cosultation from Transportation Manager, received 12 July 200 1 Consultation from Director of Community Services Consultation from West of Scotland Water, received 28 June 200 1 Consultation from Transco, received 2 July 200 1 Consultation from The Coal Authority, received 3 July 2001 Letter of Objection from Mr. J. Toal, 14 St. Martins Gate, Coatbridge Letter of Objection from Mr. P. Coogan, 16 St. Martins Gate, Coatbridge
Any person wishing to inspect the above background papers should telephone Coatbridge 812376 and ask for Colin Marshal1
R0100681 APPLICATION NO. C/01/00681/FUL
REPORT
1. THE APPLICATION SITE AND ITS LOCATION
1.1 The application site comprises of an area of around 1.05 ha. Part of the site is currently derelict vacant ground (0.70ha.) With the remaining part (0.35 ha) consisting of an area of public open space attached to Rosehall park, It is bounded to the north of Old Monkland Road, by the north east by an Ambulance. Depot and housing area, to the south by Rosehall Park and to the west by Kirkshaws Community Centre, The front part of the site was formally occupied by a petrol station and public house, both of which have now been demolished. A general store is located to the northwest and vacant industrial premises are located within the site boundary. Whilst the front part of the site consists of an untidy ‘brownfield’ site the open space area is characterised by several mature trees, well established shrub beds and reasonably well maintained grass surface. (This area was formally owned by the Council)
2. THE PROPOSAL
2.1 Planning permission is being sought for the erection of 30 houses and formation of a new access road and provision of a children’s play area. The proposal would also involve the reduction in ground level of the southeastern part of the site.
2.2 The proposed dwellinghouses would comprise of a mix of 2,3 and 4 bedroom detached, semi-detached and terraced units which are all two storey in height. External finishing material would be a mix of facing brick and render to external walls with concrete roofing tiles to double pitched roofs. The access road would form a cul-de-sac with turning circle at its end. A small parking court would be formed mid way along the new road. The new road would include traffic calming measures and a new mini roundabout formed on Old Monkland Road. The proposed play area would be equipped for toddler use. This facility would be located centrally within the site. The proposal would also include a tree planting scheme to provide screening between the new and existing housing area and at the southern edge of the site.
3. PLANNING HISTORY
3.1 The above noted planning history relates to brownfield part of the site. Planning permission was granted to develop this part of the site for 21 dwellinghouses in June 2000. The current proposal seeks planning permission to extend the site to provide a total of 30 dwellinghouses.
3.2 The applicants have indicated on the submitted application form that they now own all of the site.
4. PLANNING POLICY
4.1 Under the terms of the Adopted Monklands District Local Plan 1991 the application site is covered by The following policies:
HG 3/24 New Private Sector Housing Development LR11 Improve Public Open Space
5. CONSULTATIONS
5.1 The Director of Community Services had no adverse comments about the proposed development of the brownfield part of the site but had reservations regarding the loss of the area of public open space. This area is bounded by the original development site and the existing private housing area to the northeast. It was noted that existing trees are to be retained however the indicative landscape proposals were thought to be minimal and that further details are required. It was also suggested that the developer be
R010068 1 requested to consider providing a landscape scheme for the larger park area to compensate for the use of the open space area.
5.2 The NLC Transportation Manager had no objections to the proposal subject to the provision of appropriate traffic calming measures, and satisfactory play area design.
5.3 There were no objections fiom West of Scotland Water, Transco (although a gas main is located to the northeastern corner of the site within land to south of former Glenmarie Public House).
5.4 The Coal Authority indicated the site is within the likely zone of influence of past underground mining, works, last worked in 1942. However, the Coal Authority advised that ground movement should now have ceased. There was no record of mine entries near the site and no record of any fault or weakness at the surface that may otherwise affect the stability of the site. The developer will be advised to contact the Coal Authority for fbrther information.
6. REPRE SENTATIONS
6.1 There were two letters of objection received from notifiable neighbours at St Martins Gate, Coatbridge. The material terms of the objections can be fairly summarised as follows.
6.2 That with the erection of the two storey dwellinghouse on plot 9 this would result in a loss of privacy and cause overshadowing to existing rear garden area. That the removal of all of the mature trees would be detrimental to the environment and to visual amenity. The amended proposal is contrary to the terms of the development plan.
7. ASSESSMENT
7.1 There are 3 main issues to consider. Firstly whether the use of this area of public open space for housing purposes would be an acceptable departure fiom the development plan, secondly to determine if the layout meets the Council design guidance and thirdly to consider any other material factors.
7.2 The site extension area is located within an area designated as LR11 (Improve Public Open Space). This policy seeks to protect existing public open space areas from inappropriate development. The site area extends to some 0.35ha and forms a small part of the extensive playing fields at Rosehall Park. Although it was formally owned by the Council, it is effectively wedged between the original development site, the ambulance depot and an existing house site at St Martins Gate forming a small but annexed point of the main park area. There is no through access for pedestrians and I consider its loss would not have a significant impact of the larger park area. Although it would be used for housing purposes most of the mature trees and some shrub beds could be retained within the new layout. The proposed layout plan indicates that additional planting works would be provided at the site’s south- eastern boundary with the park thereby, softening its impact. I therefore consider that the release of this ground for housing purposes would be an acceptable departure from the terms of the development plan. The Director of Community Service’s request for the developer to landscape parts of the larger Rosehall Park to compensate for the loss of this small area would I consider constitute an inappropriate planning gain requiring additional planning and maintenance agreements with arguably limited improvement to the park.
7.3 The revised housing layout conforms to the terms of the Councils Design Guidance on housing infill sites, in terms of its scale, design and proposed finish to the dwellinghouses. Open space standards are acceptable and the provision of the play area is acceptable subject to its detailed design.
7.4 Turning to the matter raised by the neighbours I would offer the following comments.
7.5 A semi-detached two-storey dwellinghouse would be constructed on plot nos. 9 and 10, these located to the south of the two objector’s terraced houses. The ground levels at this particular part of-the site would be reduced in height and drawing no. 537-504 Rev A, demonstrates the impact would be minimal with minimal overshadow to rear garden area. The proposed house would be set back some 5.0 metres fiom the side garden boundary and 15 metres fiom the existing terraced dwellinghouses.
R010068 1 There would also be a raised screen planting area separating the garden areas. The proposed Glendhu house type (refer dwg 537 - 609 Rev B) has no habitable room window on its north elevation and as such I do not envisage any overlooking problems. With regard to general privacy concerns it could be argued that privacy would be improved as a result of the development as the neighbours gardens would be bounded by new screen plantinglfencing.
7.6 The developer has indicated that most of the mature trees would be retained and encompassed with the landscaping for the site. Whilst the outlook from the existing housing in St Martins Gate would change I do not consider this to be detrimental. I accept the proposal is in part contrary to the terms of the development plan, however, I consider the use of this ground for housing purposes would be acceptable in this instance. However, this application will require to be referred to the Scottish Ministers in accordance with the Town and Country Planning (Notification of Applications) (Scotland) Direction 1997.
7.7 Having taken into consideration all of the above matters I consider the proposal could be implemented in a satisfactory manner. The loss of this small part of public open space would be minimal, the proposed housing layout is acceptable and I do not consider the terms of the objection can be sustained. 1 would therefore recommend that planning permission be granted subject to conditions.
8. NOTE TO COMMITTEE
8.1 This application will require to be referred to the Scottish Ministers in accordance with the Town and Country Planning (Notification of Applications) (Scotland) Direction 1997.
RO 10068 1 Application No. C/O U0070 UAMD Date registered 25th June 2001 APPLICANT PORTCULLIS DEVELOPMENTS LTD., 1 WILLOCK STRET, KILMARNOCK, AYRSHIRE, KA14HE
Agent DEVELOPMENT AMENDMENT OF CONDITION NO. 2 OF PLANNING CONSENT 00/01293/MIN TO ALLOW THE IMPORTATION OF CANAL DREDGINGS & BING SHALE LOCATION REGENERATION AREAS DRUMBOW FARM (SITES 1 & 2) TELEGRAPH ROAD LONGRIGGEND AIRDRIE LANARKSHIRE
Ward No. 46 Grid Reference 283018 669505
File Reference C/PL/397 15/2003/2/000/DB/LR
Site History Area 1 Planning- application-- 82/122 was refused 25th June 1982 for Opencast Extraction of Coal and Fireclay. Planning application 83/049 for Continued Extraction of Coal Blaes & Fireclay was also Refused. Planning application 94/0164 for Completion of Opencast Extraction of Coal at Unrestored Workings Including Land Restoration was withdrawn on 12 June 2000. Area 2 Planning- application-- 871026 for Removal of Coal Slurry and Restoration of Land to Agriculture and Continued Use of Existing Access was granted 26 March 1987 Both Areas Planning consent C/OO/O 1293MIN Remediation of Derelict Site by Infilling and Regrading of Land with Inert Material (Sewage Sludge Filter Cake) granted 19 January 200 1.
Development Plan The site is zoned GB2 Restrict Development in Countryside Around Towns and LI1 Landscape Improvement in the Monklands District Local Plan 1991.
Contrary to No Development Plan
CONSULTATIONS
Objection No Objection SEPA Conditions No Reply
REPRESENTATIONS Neighbours
Newspaper Two (one from Councillor Morgan) Advertisement
COMMENTS This application relates to a land remediation project at Drumbow Farm, near Longriggend. The applicant has been undertaking land remediation as per planning consent C/OO/O1293/MIN that was granted on 19 January 2001. The planning consent was limited to the importation of sewage sludge filter cake under the terms of condition no. 2. Following complaint from local residents it came to light that the applicant had been importing canal dredgings to the site without the benefit of planning consent. The applicant ceased that operation as advised by the Planning Authority and now wishes to amend the consent to add this material in addition to bing shale from a site to the south of the B825 Caldercruifiimerigg Road. Two letters of objection have been received, one of which is fiom the Local Member,
R0100701 so,PlaM,ng and Env,,,,,,men, I PLANNING APPLICATION NO. C/PU01/00701/AMD lrectaate Sum Unlt ~ AMENDMENT OF CONDITION NO. 2 OF PLANNING CONSENT nle 501, Flaming Hwse Tryst Rcdd 1 00/01293/MIN TO ALLOW THE IMPORTATION OF CANAL JMBERNAULO DREDGINGS & BlNG SHALE 57 1 JW AT REGENERATION AREAS DRUMBOW FARM (SITES 1 & 2) pn pnan dUm -d m u**l* dephare 012366~210F= oimeiw3z I TELEGRAPH ROAD LONGRIGGEND. AlRDRlE ' 1:15000 E---&-*-- This been pmdu~edspecfica~ty Planning and Control t copy has for ~mlang purposes only 1 ndm*lmWb WWW- s lxancc LA WlL No further copes may be made details of which are included in the attached report. In conclusion although there has been some objection to this proposal the addition of these materials will assist in the conclusion of the remediation works and should not further affect the amenity of the adjoining residents or those of Plains, Caldercruix and Longriggend.
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 only material to be imported to the site shall be sewage sludge filter cake, Bing Shale and canal dredgings unless otherwise agreed in writing by the Planning Authority.
Reason: To define the extent of acceptable infill material.
3. That topsoil, subsoil and soil forming material shall only be moved, when weather conditions are dry, where there is no ponding or surface water on site and when the soil is reasonably dry and ii-iable unless otherwise agreed with the Planning Authority in writing. In addition, three clear days of dry weather shall have occurred prior to the stripping of any part of the site unless otherwise agreed with the Planning Authority in writing.
Reason: In order to protect the visual amenity of the surrounding area and to secure satisfactory reinstatement of the site.
4. That all topsoil shall be stripped from the area of dumping prior to infill operations re-commencing and stored in a manner and location to be agreed with the Planning Authority.
Reason: To enable the Planning Authority to retain effective control.
5. That dump trucks and backactors shall be used to strip soils and deposit subsoil and shall be controlled to minimise soil compaction, by a method to be agreed with the Planning Authority prior to the re-start of works on site.
Reason: To ensure the satisfactory reinstatement of the site.
6. That as soon as the final ground level is formed, the surface of the soils shall be lightly graded so as to restrict the ingress of surface water andor groundwater into the stored soils. The ingress of surface water andor ground water shall be restricted by the provision of cut-off drains. In addition the ground shall be grass seeded within 3 months of formation and shall be so maintained until the planting of trees and shrubs required in the restoration of the site has been implemented, except as may otherwise be agreed by the Planning Authority. Weeds shall be controlled by cutting or herbicides.
Reason: In the interests of the visual amenity of the area and to secure the satisfactory reinstatement of the site.
7. That topsoil storage mounds shall be constructed with the minimum compaction, only that necessary to ensure stability, and unless, otherwise agreed by the Planning Authority, shall not exceed 3 metres in height.
Reason: In order to protect the visual amenity of the surrounding area and to secure satisfactory reinstatement of the site.
8. That the storage mounds of topsoil and subsoil shall not be traversed by vehicles or machinery except during construction or removal of these mounds. If, for whatever reason, compaction, does
R0100701 occur then such layers shall be cultivated to relieve compaction, to full depth of the layer plus 150mm into the underlying layer using a winged tine subsoiler.
Reason: To ensure the satisfactory reinstatement of the site.
9. That within two months of the date of this permission full details of the landscaping, management and aftercare maintenance of the site, including associated timescales, shall be submitted to and approved by the Planning Authority.
Reason: To enable the Planning Authority to consider these aspects.
10. That the management and aftercare maintenance scheme approved under the terms of condition 9 shall be in implemented in accordance with the timescales approved under the terms of that condition.
Reason: To safeguard the visual amenity and conservation quality of the area.
11. That working hours at the site shall be restricted to the following times:- Monday to Friday - 08.00 - 19.00 Saturday - 08.00 - 13.00 For the avoidance of doubt, there shall be no working on Sundays or any Public Holidays.
Reason: To enable the Planning Authority to retain effective control, in order to ensure the satisfactory remediation of the site.
List of Background Papers - Planning application form, plans and supporting statement received 25th June 2001 - Monklands District Local Plan 1991 - Consultation response from SEPA? - Consultation response from Environmental Control Manager - Letter of objection fiom Adele M Green, LongriggendFarm, Longriggend, ML6 7RT received 19 July 2001 - Letter of objection from Councillor Thomas Morgan, received 17 August 200 1.
Any person wishing to inspect the above background papers should telephone Coatbridge 813272 and ask for Mr. Baxter
RO 100701 APPLICATION NO, C/00/00701/AMD
REPORT
1. SITE DESCRIPTION & PROPOSALS
1.1 This application relates to a land remediation project at Drumbow Farm, near Longriggend. The applicant has been undertaking land operations as per planning consent C/OO/O 1293MIN that was granted on 19 January 2001. The planning consent was limited to the importation of sewage sludge filter cake under the terms of condition no. 2. Following complaint from local residents it came to light that the applicant had been importing canal dredgings to the site without the benefit of planning consent. The applicant ceased that operation advised by the Planning Authority and now wishes to amend the consent to add this material along with bing shale from a nearby site. This will assist in the soil formation and creation of appropriate ground levels. The application initially included the addition of wood and paper sludges however the applicant has removed these from the application as alternative sites are being used in Ayrshire.
1.2 The phase 1 site on Telegraph road is now almost completed in terms of earth movements and will be planted up by CSCT this winter. The application therefore relates to the site on Caldercruix Road. This area is approximately 5 ha and was the site of the former Drumbow Colliery that ceased operations in the 1950s. It has some spoil heaps and recently dumped landscape waste. It is proposed to regrade the site and with the use of sewage sludge filter cake, canal dredgings and bing shale augment existing soil forming materials to provide a suitable growing medium to support both grass and tree growth. It is anticipated that this area will be planted in early spring. Thereafter the site will be available for public access.
2. CONSULTATIONS AND REPRESENTATIONS
2.1 Following neighbour notification and advertisement in the local press one letter of objection was received from a resident and one letter from the Local Member. These letters referred to: a) odours; b) increased traffic; c) sewege sludge on the roads resulting in a health and safety problem; and d) the company’s previous non-compliance with the planning consent.
2.2 In response to point a) above SEPA have been monitoring the odour problem and following the installation of additional equipment on site to address this issues, it appears that previous odour problems have been greatly reduced and generally do not travel beyond the site boundary. In terms of vehicles transporting the material the drivers have been advised not to stop within villages for shopping etc. The vehicles are also washed on site to reduce any remaining smell. It should be noted that the smell arises from undigested sewege sludge filter cake and not from the canal dredgings.
2.3 In terms of traffic generation it will not be increased as a result of this application and was considered acceptable when assessing the original application.
2.4 There is no sewege sludge being deposited on the roads as a result of the operations. There were instances where the canal dredgings that were previously being imported in inappropriate vehicles spilling onto the road. The applicant is now proposing to use specialised vehicles designed to carry material with a high water content for the canal dredgings and therefore the previous spillages should not reoccur.
2.5 The applicant undertook the importation of canal dredgings under the misunderstanding that such an activity would not require planning consent. Having been advised of such a requirement the importation of the canal dredgings was stopped and this application is the result of the company now seeking to regulate the operation.
2.6 The Environmental Control Manager has indicated that numerous complaints have been - received regarding odour at the application site and fiom vehicles transporting materials. The Complaints seem to have peaked when the canal dredgings were being imported previously. This however coincided with a weekend when a potassium permangenate and chlorine treatment plant broke down at the
R0100701 sewage works. As a result a quantity of the material arrived on site that had not been treated to reduce the smell of the sewege sludge filter cake. The applicant has indicated that the canal dredgings have no odour associated with them.
3. ASSESSMENT
3.1 In determining this application the main consideration is the impact on the application site and surrounding area of the operation to import canal dredgings from outwith the area and bing shale from a spoil heap located across Caldercruix Road. The comments about odours arising from the current sewege sludge operations are not a material consideration in this amendment application.
3.2 The bing shale that will enter the site is to be removed from a site on the opposite side of Caldercruix Road. This application does not require planning permission, although the operators are required to implement a restoration scheme to the satisfaction of the planning authority. Vehicle movements back and forth in relation to the bing shale will therefore have only a localised impact on the surrounding road network.
3.3 With regard to the importation of the canal dredgings there is evidence from the past of spillage on the road network because the material was carried in inappropriate vehicles. The applicant has indicated that specialised wagons that can carry material with a high water content will be used for the canal dredgings and as such the roadside spillage should not reoccur.
3.4 Moving to the impact of the importation of these materials onto the site there should be no detrimental affect to the rehabilitation of the site. Indeed the reverse will be the case with the bing shale contributing material to enable appropriate ground levels to be achieved and the nutriant rich canal dredgings adding to the fertility of the soil being formed. This will in turn assist in the restoration of the sites to woodland with public access, thus enhancing the amenity of the wider area.
4. CONCLUSION
4.1 In conclusion although there has been some objections to this application I believe they primarily relate to the ongoing operations and not the importation of the proposed canal dredgings and bing shale. The addition of these materials will assist in the conclusion of the remediation works and should not contribute to any inconvenience the adjoining residents or those of Plains, Caldercruix and Longriggend have suffered. I therefore conclude that the proposal is acceptable subject to the attached conditions.
R0100701 Application No. CIO 1100723lFUL Date registered 18 June 200 1 APPLICANT KELVIN HOMES, 87 CALDER STREET, COATBRIDGE ML5 4 EY
Agent ARM Architects, 10 Payne Street, Port Dundas, Glasgow G4 OLF DEVELOPMENT CONSTRUCTION OF LINK FOOTPATH AND ERECTION OF FENCE LOCATION TARBERT WAY, COATBRIDGE
Ward No. 40 Grid Reference 272079 663656
File Reference CPL128 170120021210001CMILR
Site History Cl9810 170 1FUL Erection of 66 Houses and 16 Flats Granted 17 March 1999
Development Plan Under the terms of the Adopted Monklands District Local Plan 1991 the application site is located within an area covered Policy HG 9 Housing Policy For Existing Residential Areas.
Contrary to No Development Plan
CONSULTATIONS
Objection No Objection Conditions No Reply
REPRESENTATIONS Neighbours One Letter of Objection and Two Petitions containing a total of 20 signatures
Newspaper Not Required Advertisement
COMMENTS Planning permission is being sought for the erection of a link footpath and screen fence between Tarbert Way and Newton Street, Coatbridge. The site lies within the Old Monkland Regeneration Area and the footpath would link two of the development phases. Originally the proposal included the provision of two additional sets of steps but these have been deleted by the developer following discussions with the Councils Transportation Manager. This link is one of two pedestrian through routes indicated on the overall master plan for the Regeneration Area and are considered to be essential to providing necessary pedestrian access routes from Old Monkland Road to Lismore Drive (formerly Marshal1 Street). The link would consist of a 2.0 metre wide ramp with a 1:20 gradient linking two separate cul-de-sacs. No vehicular access would be allowed and a 1.8 metre high fence and associated shrub planting would be provided along the public footpath off Highcross Avenue.
A letter of objection and two petitions were received in regard to the proposals. The main objection relates to the provision of the steps as it is considered that these are unnecessary and will be used as a focal point for youths to gather to the detriment of privacy and amenity. As noted above the steps have been removed from the proposals and the developer intends to erect a 1.8 metre high screen fence. Therefore these concerns have been met by changes to the proposals. The two petitions which are identically worded but signed by a total of 20 signatories also object to the link ramp and have suggested this is also removed as it will only serve
R0100723 &J
J
~ -% ADDITIONAL OBJECTORS 9 2 PETITIONS - ONE CONTAINING 15 NAMES AND ADDRESSES; AND ONE CONTAINING 5 NAMES AND ADDRESSES - ..... ARRY WAY
_____.____._ ~ ______..______. . -E%Edbyppp--- 3epartmenl of Planning and Environment PLANNING APPLICATION NO: C/01/00723/FLTL Central Division g& NORTH Municipal Buildings CONSTRUCTION OF LINKING FOOTPATH AND ,,{PI LANARKSHIRE Kildonan Street -.__COUNCIL COATBRIDGE 2 NO SETS OF STEPS LINKING FOOTPATHl ML5 3LN TARBERT WAY I COATBRIDGE 3epioauced from 11c Ordnance Suway mapping with A #hepcmiz~ion 01 the COII~IOIICIOI her hlqcshl s Telephone 01236 812222 Fax. 01236431066 * LOCATION OF .OBJECTOR ~. -. 1 : 1250 StaI~onep(Office 0 Crow COPYrlght UnsuLWmed repIodUclon m'nnger Clown copyngnl This copy has been produced specifically for Planning and Building Control purposes only and may lead 10 pmsecullon ~r~wllProCeedmgs OS Licence iA 09041L __~______No fuflhetcopiesmaybemade.-.----- ~_____ - -. as a meeting place for youths who may then cause disturbance. The petition signatories also consider that there are already three entrances into the estate and recommend this link is closed. In response to this I would comment that whilst there are numerous pedestrian and vehicular routes into the Regeneration area very few of them are through routes. It was always the intention of the developer to maintain a pedestrian link at this location as it would provide a route to the local Primary School. The ramp is required due to the differences in ground levels between the two cul-de-sacs and could be used by residents with disabilities. Indeed if this link was removed a dis-amenity would result as many residents would need to seek longer detours to walk from Old Monkland Road to Lismore Drive. It is therefore my view that this pedestrian link is maintained as an essential pedestrian route through this part of the Regeneration Area.
Following consideration of the above matters I consider the proposal to be acceptable and recommend that planning permission be granted subject to 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 splayed ends of the proposed ramp should be removed and the ramp edges re-aligned as indicated in red on the plan hereby approved.
Reason: In the interests of pedestrian safety.
3. That before the development hereby starts, a scheme of landscaping, for the area shaded green on the approved plan, shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: In the interests of visual amenity.
List of Background Papers
- Application Forms and Plans - Adopted Monklands District Local Plan 1991 - Internal Consultation from NLC Transportation Manager received 12 July 2001 - Letter of Objection from Mr & Mrs J Sneddon, 52 Highcross Avenue, Coatbridge - Petition submitted by Mr & Mrs Mallon & 14 CO-Signatories c/o 6 Tarbert Way, Coatbridge - Petition submitted by Barbera Fleming and 4 Co-Signatories c/o 25 Portree Avenue, Coatbridge
Any person wishing to inspect the above background papers should telephone Coatbridge 812376 and ask for Colin Marshal1
R0100723 Application No. C/O 1/00727/OUT Date registered 22nd June 200 1 APPLICANT PENDRAGON PLC, LOXLEY HOUSE, 2 OAKWOOD COURT, LITTLE OAK DRIVE, ANNESLEY, NOTTINGHAM, NG 15 ODR
Agent Robert Turley Association, 7 Newton Place, Glasgow, G3 7PR DEVELOPMENT ERECTION OF RESIDENTIAL DEVELOPMENT (IN OUTLINE) LOCATION SITE AT 6 1 NORTH BRIDGE STREET AIRDRIE LANARKSHIRE ML6 6NE
Ward No. 41 Grid Reference 275951 665801
File Reference C/PL/AIN666006 l/DB/LR
Site History No previous applications
Development Plan The site is zoned as part ECON 9 Secondary Core Area and part HSG3 New Private Sector Housing Development in the Monklands District Local Plan 1991.
Contrary to No Development Plan
CONSULTATIONS
Objection No Objection NLC Director of Education, NLC Director of Housing & Property Services, Transco and West of Scotland Water Conditions No Reply Scottish Power
REPRESENTATIONS Neighbours 1 letter of petition with 12 signatures
Newspaper Not required Advertisement
COMMENTS This application relates to the erection of a residential development in outline at 6 1 North Bridge Street, Airdrie. The site is presently part vacant and part used as a yard area for the storage of cars. The southern half of the site is zoned as ECON 9 Secondary Core Area and the northern half HSG3 New Private Sector Housing Development in the Monklands District Local Plan 1991. The application should also be considered against the terms of policy HGlO Residential Development Outwith Residential Areas and associated Design Guidance, Infill Housing. The Developer's Guide to Open Space is also a material consideration. Following consultation and normal neighbour notification one Ietter of petition was received details of which are included in the attached report. Subject to the proposed conditions I do not consider that this development will adversely impact on surrounding proprietors and indeed the redevelopment of the area that has lain vacant for many years should result in a positive improvement to the streetscene.
RECOMMENDATION
Grant, subject to the following conditions:-
1. 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.
R0100727
2. That before development starts, a fkrther planning application shall be submitted to the Planning Authority in respect of the following reserved matters:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the provision of public open space; (e) the details of, and timetable for, the hard and soft landscaping of the site; (f) details for management and maintenance of the areas identified in (d) and (e) above; (8) the design and location of all boundary walls and fences; (h) the phasing of the development; (i) the provision of drainage works; 0) the disposal of sewage; (k) details of existing trees, shrubs and hedgerows to be retained; (1) details of existing and proposed site levels.
Reason: To enable the Planning Authority to consider these aspects.
3. That within three years of the date of this permission, an application for approval of the reserved matters, specified in condition 2 above, shall be made to the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
4. That the total number of dwellinghouses within the site shall be not more than 40 units.
Reason: To defme the permission and enable the provision of adequate access and egress for vehicular traffic
5. That no part of the development hereby permitted shall exceed 3 storeys in height and the dwellinghouses shall all have traditional double pitched roofs.
Reason: To define the permission.
6. That a visibility splay of 4.5 metres by 60 metres, measured from the road channel, shall be provided on both sides of the vehicular access and before the development hereby permitted is occupied everything exceeding 0.9 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 0.9 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 traffic and pedestrian safety.
7. That the new access to the site shall be sited a minimum of 40 metre from the junction of Gateside Crescent with North Bridge Street and the existing access shall be permanently closed.
Reason: In the interests of traffic and pedestrian safety.
8. That before development hereby permitted starts, a report describing the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority and the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.
RO 100727 Reason: To identify any potential contamination issues and ensure that the site is redeveloped to an appropriate standard.
9. That notwithstanding the provisions of the Building Standards (Scotland) Regulations 1990, and before the development starts, a certificate from a recognised fm of chartered engineers, duly signed by a Chartered Engineer of Chartered Geologist of Geotechnical Adviser Status (ICE, SISG 1993) shall be submitted to the Planning Authority confirming the mineral stability of the site. This certificate shall be based on a professionally supervised and regulated rotary drilling programme.
Reason: To ensure the mineral stability of the proposed housing site in the interests of prospective residents (Note: A copy of the required Certificate is available from the Area Office)
10. That open space and play area details in accordance with the Council’s approved Developer’s Guide to Open Space.
Reason: To ensure that development provides an acceptable level of amenity.
List of Background Papers
- Application Forms and Plans received 25 June 200 1 - Monklands District Local Plan 1991 - Consultation response from Transportation Manager received 10 July 200 1 and 28 August 200 1 - Consultation response from The Coal Authority received 5 July 200 1 - Consultation response fiom West of Scotland Water received 13 July 2001 - Consultation response from Transco received 4 July 200 1 - Letter of petition fiom R Kelly & Co-signatories, House 7A, John Smith Court Sheltered Complex, Airdrie, ML6 OEB received 29 June 200 1
Any person wishing to inspect the above background papers should telephone Coatbridge 812372 and ask for h4r Baxter.
R0100727 APPLICATION NO. C/01/00727/OUT
REPORT
1. APPLICATION SITE AND PROPOSAL
1.1 This application relates to the erection of a residential development in outline at 61 North Bridge Street, Airdrie. The site extends to 0.57ha was previously an area of tenements and is currently partially vacant land and partially used for car storage associated with the Vauxhall Garage on High Street. The garage no longer intends to use the land for surplus stock.
2. CONSULTATIONS AND REPRESENTATIONS
2.1 Following neighbour notification one petition was received with 12 signatures from residents of John Smith Court sheltered housing complex. The reasons for objection given were that the development may result in the loss of daylight and increased noise.
2.2 NLC Director of Education, NLC Director of Housing & Property Services, Transco and West of Scotland Water have no objections.
2.3 Scottish Power did not respond.
2.4 The Coal Authority has indicated that the property is within a zone of influence of shallow workings. Appropriate technical advice should be sought.
2.5 Transportation Manager has no objections subject to conditions.
3. OBSERVATIONS
3.1 The southern half of the site zoned ECON9 Secondary Core Area that accepts the principle of mixed uses and the retention of industrial or commercial uses where they do not create adverse impacts on the environment. The northern half of the site is zoned HG3 New Private Sector Housing Development, which directs residential developments to specific sites.
3.2 The other policy relevant to this application is HGlO Residential Development outwith Residential Areas. This policy supports minor residential developments within the ‘secondary core’ subject to the proposal meeting the requirements of any relevant development control advice.
3.3 In this instance the Developer’s Guide to Open space is relevant in that it sets out both the requirements for space between buildings and amenity open space. A condition is proposed requiring that any reserved matters application conform to these requirements.
3.4 The Transportation Manager has indicated a requirement to limit the site to 40 flats and locating the access nearer to Mavisbank Street in the north. This is to ensure that the development could be adequately accessed from North Bridge Street and is the subject of proposed conditions.
3.5 The letters of objection raised concern regarding noise and potential overlooking. In terms of noise the construction period will obviously result in some disturbance during the day however once this has ceased there should be no significant impact.
3.6 In terms of overlooking the anticipated development will be in the form of flats and any reserved matters application conforming to the Developer’s Guide to Open Space requirements and would normal development control criteria should allow the amenity of neighbouring properties to be protected. Objectors will have the opportunity of commenting again at the reserved matters stage.
RO 100727 4. CONCLUSION
4.1 Although part of the site is within the secondary core area identified by Policy ECON 9 the proposed development for residential use is not contrary to this policy subject to normal development control criteria being met. Subject to conditions I do not therefore consider that this development will adversely impact on surrounding proprietors and indeed the redevelopment of a site that has lain partially vacant for many years should result in a positive improvement.
R0100727 Application No. C/01/00842/FUL Date registered 11 July 200 1 APPLICANT SAVECO PROPERTIES LTD
Agent D & S WINNING PROPERTY CONSULTANTS DEVELOPMENT CHANGE OF USE OF SHOP TO HOT FOOD RESTAURANT WITH ANCILLARY TAKE-AWAY AND ERECTION OF REAR VENTILATION DUCT LOCATION 21 SOUTH BRIDGE STREET, AIRDRIE.
Ward No. 43 Grid Reference 276068.665675
File Reference C/PL/AIS3 7702 1IGLILR
Site History 90363 Display of double sided, internally illuminated projecting box sign Refused 1.10.90 89157 Installation of new windows Grant 31.3.89 87188 Formation of new shop fkontage and rehabilitation of property Grant 14.7.87 88199 Alteration and extension to shopfiont Refused 22.7.88 89056 Refurbishment of ground floor shop and extension to premises Grant 4.3.89
Development Plan The site is zoned Corn 4 Secondary (Retail) Core Areas in the Monklands District Local Plan 1991. This site is located in the Victoria and Town Centre Conservation Area. The proposal should also be assessed in terms of Policy Com 10 Hot Food Shops/Restaurants.
Contrary to No Development Plan
CONSULTATIONS
Objection No Objection Conditions No Reply
REPRESENTATIONS Neighbours No Response
Newspaper No Response Advertisement
COMMENTS This application relates to the change of use of an existing shop unit to a hot food restaurant with ancillary take-away at 21 South Bridge Street, Airdrie. The application site forms the ground floor of a two storey building with a residential flat at first floor level. There has been a previous single storey extension to the rear of the property, extending 15m fkom the original rear building line. The proposed kitchen and rear ventilation flue is to be situated at the end section of the extension. The unit is currently used as a charity shop, and the change of use allows the development of a hot food shop with substantial seating area and ancillary take- away. The ftontage signboard design and construction is not included as part of this
R0100842
application, however the applicant has been advised that a further application will be required for this aspect of the development. The site is zoned Com 4 Secondary Core (Retail) Areas in the Monklands District Local Plan 1991. The site is also located in the Victoria and Town Centre Conservation Area. The proposal has been advertised as a ‘bad neighbour’ development. On balance, the proposal complies with Policy Com 4 of the Monklands District Local Plan 1991. As no representations have been received and the Transportation Manager and Protective Services have no objection to the development the application is recommended for approval subject to appropriate 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 prior to the commencement of the approved uses the external flue for the extraction of cooking fumes shall be erected to the specification illustrated on the approved plans.
Reason: In the interest of the amenity of the area.
3. That for the avoidance of doubt, the ancillary take-away element of the premises shall be restricted to the area hatched red on the approved plans, unless otherwise agreed in writing with the Planning Authority.
Reason: To ensure there is no intensification of the ancillary take-away element of the premises without the written consent of the Planning Authority, in the interest of the amenity of the area.
List of Background Papers
- Application forms and accompanying plans received 1 1th July 200 1. - Adopted Monklands District Local Plan 1991. - Internal consultation response from Transportation Manager dated 20 August 200 1. - Internal consultation response from Protective Services Division, Team Leader, Pollution Control dated 3 1 July 200 1.
Any person wishing to inspect the above background papers should telephone Coatbridge 812374 and ask for Gordon Liddell.
R0100842 APPLICATION NO. C/01/00842/FUL
REPORT
1. SITE AND PROPOSAL
1.1 This application relates to the change of use of an existing shop unit to a hot food restaurant with ancillary take-away at 21 South Bridge Street, Airdrie. The application site forms the ground floor of a two storey building with a residential flat at first floor level. 21 South Bridge Street is situated between Kirkwood Fashions to the south and Whitelaws Public House to the north. The property has a substantial single storey rear extension that extends virtually to the public car park accessed off East High Street.
1.2 The proposed kitchen is to be situated at the end section of the extension and an extract flue is proposed for the rear elevation. No further external alterations are proposed at this time.
1.3 The site is zoned Com 4 Secondary (Retail) Core Areas in the Monklands District Local Plan 1991. Policy Com 10 Hot Food Shopshtestaurants is also relevant to this proposal. This site is located in the Victoria and Town Centre Conservation Area.
2. CONSULTATIONS
2.1 The Transportation Manager has no objection to the proposal.
2.2 Protective Services Division Pollution Control Team Leader has no objection to the proposal. It is recommended that an advisory note is attached to any consent relating to acceptable noise levels for the ventilation system in relation adjacent noise sensitive buildings.
3. OBJECTIONS
3.1 No objections were received.
4. ASSESSMENT
4.1 This application should be assessed in terms of the Development Plan and other material considerations. In this instance, the proposal should be assessed against Policy Com 4 - Secondary (Retail) Core Areas and Policy Com 10 - Hot Food Shops. Policy Corn 4 generally supports the use of properties as Class 1 (Shops), Class 2 (Financial, professional and other services) and Class 3 (Food and drink - for the sale of food and drink for consumption on the premises). Use Classes are defined in The Town and Country Planning (Use Classes) (Scotland) Order 1997. In this instance the proposal is for a Class 3 use with an ancillary take-away element. The proposed use of the premises therefore complies with policy Com 4 of the Monklands District Local Plan 1991 and is considered acceptable, in principle, at this location.
4.2 Class 3 of the Town and Country Planning (Use Classes) (Scotland) Order 1997 does not however permit use of the premises principally for the sale of hot food for consumption off the premises. This would require a separate planning application. The applicant has identified an area within the Cafeteria section of the shop where a take-away service would be available. On this basis the Planning Authority is satisfied that the extent of the hot food take-away element remains secondary to the main Class 3 use of the premises and will not be to the detriment of the surrounding area. A planning condition is attached to the consent restricting the take-away element of the proposal to the counter identified on the plan.
4.3 Proposals for Hot Food Shops should also be assessed against Policy Com 10 of the Monklands District Local Plan 1991. Policy Corn 10 relates to proposed hot food premises situated on the ground floor of flatted properties and recognises that properties above are often affected by the erection of ventilation ducts. In this instance however it is proposed to locate the kitchen and external flue at the end section
R0100842 of the single storey rear extension, some 15m beyond the main rear elevation of the above flat. In this case there is no need to gain consent from the above neighbours for the erection of the flue. No objections have been received. The Protective Services Division has no objection to the location of the flue.
4.4 In terms of the general concept of a hot food shop at this location it is accepted that the proposal complies with relevant Council Policy. There are other hot food uses in the vicinity with Graffiti Take- Away and Domino’s Pizza located at 26 and 28 South Bridge Street and Whitelaws Public House is situated directly to the north. A further hot food use at this location remains in keeping with the mix of uses apparent on South Bridge Street and is not considered to be to the detriment of the area.
5. CONCLUSION
5.1 On balance, the proposed development is considered acceptable from a policy context and also reflects the mix of uses apparent in the vicinity of the application site. No objections have been expressed from notified neighbours and the proposal has been advertised as a bad neighbour development. The Transportation Manager and Protective Services Division have no objection to the development. It is considered that the proposal will have no detrimental effects on the amenity of the area and the applicant has been advised that future alterations to the shopfront would require a further application. The application is therefore recommended for approval subject to conditions.
R0100842 Application No. CIO ll00988lAMD Date registered 14 August 200 1 APPLICANT AIRDRIEONIANS FOOTBALL & ATHLETIC CO LTD, EXCELSIOR STADIUM, BROOMFIELD PARK, CRAIGNEUK AVENUE, AIRDRIE
Agent Barr Limited, Heathfield, Ayr, KA8 9SL DEVELOPMENT REPOSITIONING OF PROPOSED SPORTS PITCHES AND PAVILION INCORPORATING OMISSION OF ONE SPORTS PITCH PLUS CHANGES TO PROPOSED CAR PARK AND ACCESS ARRANGEMENTS (INCLUDING OFF-SITE ROADWORKS) (AMENDMENTS TO PLANNING PERMISSION NO. C/96/00359/FUL) LOCATION LAND NORTH EAST OF FOOTBALL STADIUM CRAIGNEUK AVENUE AIRDRIE LANARKSHIRE
Ward No. 49 Grid Reference 277397 665050
File Reference C/PLIAIC744/GQILR
Site History Contained in accompanying report.
Development Plan Adopted Monklands District Local Plan 1991 : Policy LR11
Contrary to Development Plan No
CONSULTATIONS
Objection Protective Services Division, Team Leader, Environmental Health No Objection Conditions No Reply Department of Community Services (Leisure), Strathclyde Police
REPRESENTATIONS
Neighbours 13
Newspaper Advertisement Not required
COMMENTS Airdrieonians Football and Athletic Company (in liquidation) propose to change the original planning permission CI96/00359/FUL covering the construction of the stadium and associated works at Craigneuk park. These amendments involve the repositioning of proposed sports pitches (incorporating omission of one sports pitch) plus changes to proposed car park and access arrangements (including off-site road works).
Following detailed assessment of these proposals, taking into account all material considerations, including public objections, it has been concluded that planning permission can be granted subject to conditions.
R0100988.doc 1
Produced by PLANNING APPLICATION NO: C/01/00988/AMD ~ oepartment of Planning and Environment Directorate Suppwt Unt REPOSTIONING OF PROPOSED SPORTS PITCHES AND PAVILION, 1 Suite 501. Fleming House INCORPORATING OMISSION OF ONE SPORTS PITCH, PLUS 2 Tryst Road CUMBERNAUU) CHANGESTOPROPOSEDCARPARK&ACCESS G87 1 JW ARRANGEMENTS (INCLUDING OFF-SITE ROADWORKS) A 1 Telephone 01228616210 F-. 012% 616232 LAND NORTH OF FOOTBALL STADIUM, CRAIGNUEK AVE, AlRDRlE 1:5000 I This copy has been produced specifically for Planntng and Buildlng Control purposes only OS Licence LA 08041L No further copies may be made RECOMMENDATION
Grant, subject to the following conditions:-
1. That the following components of the development hereby permitted, and as shown on the approved drawing ( no. 208/95/24 Rev D), shall be started not later than April 2002 : - The formation of the 3 full size grass pitches, the 2 seven a side pitches; - The construction of the pavilion: - The formation of all associated car parking and access arrangements - The formation of all landscaping
Reason: To ensure that all these improvement works to Craigneuk park are implemented with minimum further delay. given that all such works were required by the original planning permission( C/96/00359/FUL) to be undertaken before the start of the use of the stadium (August 1998).
2. That the following off-site highway works as indicated in submitted figure 4.3 shall be started not later than April 2002 : - The installation of linked traffic signals at the junctions of Petersburn RoadCarlisle Road and Brownsburn RoadCarlisle Road; - The introduction of a road lining scheme to co-ordinate with this new traffic light system; - The provision of a pedestrian crossing refuge at the eastern end of Brownsburn Road.
Reason: To ensure that all these are implemented with minimum further delay, in the interests of traffic safety and operation, and given that all such works were required by the original planning permission( C/96/00359/FUL) to be undertaken before the start of the use of the stadium (August 1998).
3. That before the development hereby permitted starts, a revised 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:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted;
Reason: As landscaping details require to be timeously reconsidered as part of the amended proposals
4. That the landscaping scheme required under condition 3 shall include details of the treatment of that area of the park that is identified within the approved drawing (no.208/59/24 Rev D) as "site to remain as existing".
Reason: To ensure that the visual amenity of this area is improved as part of the amended proposals.
5. That not later than the completion of the components of the development identified in conditions 1 and 2, all planting, seeding, turfmg and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 3 above, shall be completed and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.
Reason: To ensure that all improvement works to Craigneuk park are implemented with minimum further delay. given that all such works were required by the original planning permission (C/96/00359/FUL) to be undertaken before the start of the use of the stadium (August 1998).
R0100988.doc 6. That not later than April 2002, a management and maintenance scheme for the landscaping scheme required under condition 3 shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required
Reason: To ensure that all landscaping works, once implemented, are maintained and managed in order to maximise their amenity benefits for the area.
7. That immediately following completion of the landscaping works to be approved under condition 3, the management and maintenance scheme to be approved under the terms of condition 6 shall be in operation.
Reason: To ensure that all landscaping works, once implemented, are maintained and managed in order to maximise their amenity benefits for the area.
8. That before the development hereby permitted starts, full details of all external materials to be used in the construction of the pavilion, including walls, roofs, windows, doors, gutters and downpipes, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: To ensure that the new building is of acceptable appearance.
List of Background Papers
Application Form and accompanying drawings The Adopted Monklands District Local Plan 1991 Consultation response from Protective Services, Team Leader, Environmental Health dated 23 August 200 1. Letter of objection from Councillor Donna Morris, dated 27 August 2001. Letter of objection from Ian Shanks, 2 Colston Road dated, 19 August 200 1. Letter of objection from Janette Horn, 166 Howletnest Road, Craigneuk dated 19 August 2001 Letter of objection from William Bothwell, 3 1 Carlisle Road, dated, 22 August 2001. Letter of objection from S and C Stewart, 35 Carlisle Road, dated 22 August 200 1. Copy letter from Ray Cullen, 4 Holly Street, to Prime Minister, Tony Blair, dated 21 August 2001. Letter of objection from Mrs H Faulds, 150 Petersburn Road, dated 27 August 2001 Letter of objection from Mr and Mrs. D Murray, 43 Carlisle Road dated 27 August 2001 Letter of objection from Mrs Christine Brown, 72 Carlisle Road dated 24 August 2001 Letter of objection from Gordon Thomson, 44 Carlisle Road dated 23 August 2001, Letter of objection from Mr.and Mrs. McGarrity, 68 Carlisle Road dated 26 August 2001 Letter of objection from Dominic Smith on behalf of Mrs Smith, 33 Carlisle Road dated 25 August 2001 Letter of objection from Peter McAleer , 70 Carlisle Road dated 27 August 200 1
Any person wishing to inspect the above background papers should telephone Coatbridge 812381and ask for Gerard Quinn.
RO 100988.doc APPLICATION NO. C/01/00988/AMD
REPORT
1. PROPOSAL AND SITE DESCRIPTION
1.1 Airdrieonians Football and Athletic Company (in liquidation) now propose to change the original planning permission C/96/00359/FUL covering the construction of the stadium and associated works at Craigneuk park. These amendments involve the repositioning of proposed sports pitches (incorporating omission of one sports pitch) plus changes to proposed car park and access arrangements (including off-site road works).
1.2 The site concerned comprises around 10 hectares of land formerly all used as the grounds of Craigneuk park. The southern part of the park has been redeveloped for the new Airdrieonians FC football stadium and associated facilities (see below). The remaining northern part of the park (now known itself as the Craigneuk park) is currently characterised by disturbed land and abandoned earthworks associated with the initial stadium construction process.
1.3 Under the Adopted Monklands District Local Plan 1991, the application site is covered by policy LR11. This policy states that the Council will protect existing public open space ftom inappropriate development and will upgrade existing large areas of public open space.
2. PLANNING BACKGROUND
2.1 On 7 November 1996, Planning permission (C/96/00359/FUL) was granted for the erection of a football stadium (10,000 seat capacity) and associated accesdparking on land within Craigneuk park, Airdrie. The main component of this development (i.e. stadium and majority of car park) affected the area lying to the south of Craigneuk Avenue. The remainder of the Council owned Craigneuk park, (i.e. the area lying to the north of Craigneuk Avenue) was an integral part of the proposals, involving the provision of a new (replacement) pavilion, and the provision of upgraded sports pitches for public use.
2.2 The proposals also incorporated off-site road works mainly comprising road widening at Carlisle Road (A73), at Petersburn Road and Brownsbum Road, and the provision of roundabouts at the A73Eraigneuk Avenue and the Craigneuk Avenue/stadium access junctions.
2.3 As essential conditions of the planning permission, all these additional components were required to be fully implemented and in place before the start of the use of the stadium.
2.4 However, these components failed to materialise. By July 1998, the stadium was ready for use but the road works were not started and measures to the park had involved substantial earthmoving that had served to make the area unsightly, and potentially dangerous to the public. Notwithstanding this position, the Council, in August 1998, agreed to allow the stadium to start use. This agreement was strictly on the understanding that Airdrieonians FC would complete the works timeously in accordance with a new programme of works. As Airdrieonians FC encountered continuing financial difficulties, the company failed to accord with the revised programme. The Council, amid growing public concern, resultantly served a Breach of Conditions Notice on 14 October 1998. The matter was finally taken to Court and on 14 October 1999, Airdrieonians FC were found guilty of non compliance with the Notice, with sentence deferred for six months pending a report on the company’s attempts to make progress with the outstanding works. Since then, in view of the company’s well documented growing financial difficulties, the case has been deferred by the Court on a six monthly basis pending signs of progress towards completing the works to the Council’s satisfaction.
2.5 At today’s date the site remains vacant with no physical signs of implementation of any of the outstanding works.
2.6 In May 1997, another related planning application affecting the site of Craigneuk park was submitted by Walker Holdings (Scotland) Limited (application no. C/97/00203/OUT). This application was in outline and proposed a mix of commercial retail and leisure development within the park. The concept behind this application was to split the park into two discrete parts. The applicant proposed that the
R0100988.doc westernkentral area would be developed for 3 retail units (total floorspace of 1860 sq. metres), a leisure unit (2785 sq. metres), car showroom, restaurant, fast food shop and car wash facility. The applicant also proposed that the easternhorthern area would be developed to provide leisure facilities involving three full size sports pitches, two seven a side pitches and related pavilion with associated accesdparking provision.
2.7 On 19 November 1997, The Council agreed that the proposals of this application were acceptable and that planning permission should be granted subject to conditions and to a separate legal agreement(s) being reached to control the development of previously proposed retail facilities on the nearby site at Brownsburn Road (planning permission C/95/00622) and to ensure that the leisure components of the development are implemented timeously.
2.8 As the applicant did not pursue the required legal agreements, the intended planning permission has never actually been issued.
3. THE PROPOSALS
3.1 Airdrieonians FC have now submitted this current application to seek Council approval of amendments to planning permission C/96/00359/FUL.
3.2 In effect, Airdrieonians propose to alter the approved proposals by changing the quantity and positioning of the leisure facilities within Craigneuk park and by providing alternative off-site roadworks.
3.3 The applicant proposes three full size pitches (as opposed to the originally approved four), two seven a side pitches and a pavilion with associated access and parking. The applicant also proposes that these facilities be developed on only part of the site. In this respect, the proposals would be positioned within the eastednorthern area similar to that identified previously in relation to the proposals of planning application C/97/00203/OUT. The layout would be based on the seven a side pitches and single storey pavilion being situated close to the main access and parking areas at Craigneuk Avenue, with the three pitches stretching northwards to run parallel with, and beyond, the adjacent Holy Street.
3.4 It is expected that these new facilities would be complemented by a comprehensive updated landscaping scheme although details have not been submitted as part of this application.
3.5 The applicant also wishes to alter the approved off site road works. In this respect, the applicant, following various discussions with the Department, proposes a new road lining scheme along Carlisle Road, Petersburn Road and Brownsburn Road (as opposed to widening), and traffic light systems at the junctions of Carlisle RoadBrownsburn Road and Carlisle Road Petersburn Road (as opposed to roundabouts at the Carlisle Roadsouth Biggar Road juntions).
4. CONSULTATIONS
4.1 Following consultation in the normal manner one objection was expressed by the Department’s Team Leader, Environmental Health. In summary, there is concern expressed over the proposals seeming to exclude a large part of the area of Craigneuk Park, this concern stems from the continuing potential danger to the public from accessible areas of pondinglflooding. In this connection, it is expressed that the minimum action that requires to be taken is that the site be landscaped in a fashion that will prevent flooding.
5. REPRESENTATIONS
5.1 Following the statutory neighbour notification process, several grounds of objection have been expressed by adjacent residents of the Craigneuk area. A letter of objection has also been received from local member, Councillor Donna Morris, who in particular is concerned over the safety and amenity problems associated with the exclusion of a large part of the park. In summary all of the grounds of objection are as follows:
R0100988.doc - The proposals would exclude a large part of the Craigneuk park, leaving the community with an inferior level of facilities to those originally planned and approved as part of the current planning permission proposals for the stadium. - The proposals would exclude a large area of Craigneuk park, leaving the community with both the continuing blight of an unsightly overgrown area of land, and potential threat to public safety. - The proposals would result in noise disturbance to local residents. - The proposals would lead to unauthorised access and parking around the area of the park. - The proposals would result in low quality facilities. - The proposals would give rise to unsocial behaviour. - The proposals would exclude the previously planned cycle path through the park. - The proposals would provide insufficient parking space. - The proposals for the junction improvements would represent unsatisfactory alternatives in terms of operation and safety of traffic using the affected roads, including the A73 Carlisle Road. - The proposals would not give proper attention to the various wildlife interests that have developed within the park as a result of the last few years of neglect. - The proposals seemingly represent a forerunner to the development of the excluded area for commercial forms of development.( e.g. retail development). - Any other such forms of development would not be acceptable to a community that wishes the regeneration of the entire park as a leisure facility. - The community does not wish developer, Barr Construction, to have any involvement in the regenerationhedevelopment of Craigneuk park. - The proposals would adversely affect local property values.
6. ASSESSMENT
6.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 states clearly that where, in making any determination under the Planning Acts regard is to be had to the Development Plan, the determination shall be made in accordance with the Development Plan unless material considerations indicate otherwise.
6.2 Policy LR 11 of the adopted Local Plan 1991 states that the Craigneuk park area should be protected from inappropriate development and be upgraded. It is recognised that the “completeness” of this policy position has shifted to some extent by previous decisions since 1991, including the planning permission for the stadium (which proposed to use up some of Craigneuk park) and the Council approval of the Walker Holdings development (which proposed to use up other areas of Craigneuk park). These previous decisions represent recent planning site history, which in itself is a material consideration in respect of the assessment of the current application proposals.
6.3 However, throughout the planning process since 1991, the general thrust of this policy (i.e. to protect and upgrade the Craigneuk park as a leisure facility/ area for community benefit) has remained and as such is reflected in all the Council’s decisions.
6.4 Therefore, it is considered that the main determining issue in the assessment of the current application should concern whether the net impact on the benefit established fiom the decision on the original stadium proposals is acceptable. If this is acceptable, it is considered that the application should be allowed provided the off site road works are acceptable, and provided no other new material considerations would suggest otherwise.
6.5 In assessing this impact, it should be acknowledged first of all that the facility as originally proposed has been reduced in quantity. Indeed, there is the loss of a full size pitch (four to three), and a reduction in the area proposed to be physically developed as a useable park.
6.6 It is important to note that this issue of both facility and space loss was already considered during the detailed assessment of planning application C/97/00302/OUT (the development proposed by Walker Holdings). Indeed, the layout proposed within that application, although only in outline, showed a very similar leisure proposal. In this respect, the on site components were practically identical whilst the indicative positioning and degree of land take up was very similar to the current application.. In these respects (facility loss and space/land take up) therefore, there are no reasons to suggest that the current assessment should not draw fkom the conclusions of the previous assessment. (As far as the previously proposed loss of the full size pitch was concerned, it was established that the Council would accept it
R0100988.doc on the understanding that the Council could provide a suitable replacement on the nearby Brownsburn site (see reference above to planning permission C195100622). This same compensatory provision would still be possible in the context of the current proposals.)
6.7 Similarly, the layout of the components in terms of proximity to adjoining land uses and potential amenity and environmental effects, is considered again to be acceptable from a planning viewpoint.
6.8 The clear difference between the approved proposals and those under assessment is related to the remaining area (i.e. westedcentral) and how it is to be developed. Clearly, the approved proposals definitively incorporated a commercial development for this remaining area. The approved proposals, through planning condition, also ensured that the site would be kept in an acceptable condition, pending the start of any commercial development. The applicant has not indicated in the current application any new proposals for this area. Given the obvious degraded and unsightly nature of this area, it would not be acceptable for any developer to include it within the amendments as an area that is just to be left as existing. Indeed, if this exclusion aspect had been part of the original stadium proposals, it also would not have been acceptable The applicant’s agent has been advised of this position and that any permission, if forthcoming, would be required to include a necessary condition to ensure that the appropriate remedial works are undertaken to reinstate the site to an acceptable condition, pending more permanent development which, in whatever form, may possibly take place in the future.
6.9 As for the detailed accesdparking arrangements, these are considered to be acceptable from a transportation viewpoint. The detailed design of the building, whilst of a non-descript and standard nature, is acceptable at the location concerned. The landscaping details (including fences and other boundary treatments ) are not submitted as part of the application. However, these matters could effectively be dealt with through appropriate planning conditions if required.
6.10 On the main determining issue, it is considered, given the above observations, that the net impact on the benefit of the originally approved proposals (like the commercial proposal approved subsequently) is acceptable.
6.1 1 Turning to the proposed changes to the proposed off site road works, it is noted that these have been assessed carefully from a transportation viewpoint. Whilst the precise technical details would be required to be established and approved through the Roads Act, the principle of the new measures are considered to be acceptable from an operational and safety viewpoint in terms of serving the existing (and to be completed) development by Airdrieonians FC.
6.12 As for other material considerations, the many representations received are acknowledged and must be properly taken into account, together with any consultation replies received.
6.13 First of all, it should be acknowledged that the level of concerns expressed by the objectors is understandable, particularly in view of the length of time (nearly five years ) they have had to suffer without any park facilities and with the serious disamenity and potential hazards created by the abandoned earthworks. Furthermore, the disappointment over the clear omission of part of the park is also accepted, particularly as there always has been a general preference among the community that the original plans by Airdrieonians FC are implemented. As assessed, the revised level of facilities within the smaller area has been through the planning process already and is regarded as acceptable. Importantly however this acceptance is on the basis of the remaining area being appropriately ameliorated from a visual and safety viewpoint (see above).
6.14 The practical aspects of the proposals in terms of transportation matters have already been assessed. In this respect, all new provisions in relation to e.g. parking, access, and the proposed junction changes have been assessed as satisfactory.
6.15 The issues raised over unauthorised access and parking are noted. The layout design in this respect is regarded as satisfactory. However if any problems do occur, these would be addressed as operational matters within the day to day management of the park.
6.16 The concerns raised over possible noise nuisance from the park’s operation are noted. However, this issue has been assessed already in relation to the previously approved proposals. Furthermore, there are no significantly new circumstances relating to the current proposals that would suggest that the
R0100988.doc planning assessment conclusions should now be any different. In effect, like the previous applications, it is not anticipated that the proposals would give rise to any unacceptable noise impacts.
6.17 In this connection, the issue of the redeveloped park and facilities giving rise to unsocial behaviour is acknowledged. In the strict sense, this issue is not a material consideration to the normal planning assessment, and is of a nature that requires to be dealt with by the police authorities. In any event, it is noted that through several representations, there is the observation that the current neglect of the park and shortage of facilities have exacerbated unsocial behaviour within the area. In effect, it would appear that a cogent counter argument could also be put on this particular issue.
6.18 It is noted that some concern has been expressed about the quality of the facilities to be developed on site. In particular there is the fear that the developer will be minimalist in approach and provide a poor standard of work leading to unattractive facilities. As the facilties would be on Council land and would be effectively owned and controlled by the Council once completed, the developer would be required to construct the development to nothing less than a high level specification. On a related matter raised by some objectors, the provision for a cyclepath route through the site would be retained in the new proposals, and would not, as perhaps misinterpreted, be excluded from the new development.
6.19 The point made about the recent neglect of the park being an attraction for wildlife is noted with interest. However, it of course difficult to protect any alleged new interests fully when there is the competing requirement of improvement to local amenity and facilities. On balance therefore, and in view of the planning policy position, it is considered that redevelopment and regeneration of the park should take precedence. It would be expected however that wildlife interests could be retained or re- established at least to some extent within the open SpaceAandscaping areas of a revitalised park.
6.20 The objection to the remaining area being used for other purposes (e.g. commercial development) is noted. However the acceptability or otherwise of any other sort of development, which may or may not become a real proposal, cannot be considered in the assessment of this particular application. Indeed the proposals must be considered on their own merits, and the effects of any other postulated developments would not be material.
6.21 It is noted that threaded through several of the representations is the objection of Barr Construction’s alleged involvement in the affairs of Airdrieonians and in the devising of the current planning application proposals. The “credentials” of an applicant are not regarded as material considerations in the assessment of a planning application. Full attention requires to be given to proposals irrespective of the identity of the applicant. Therefore it is not for the planning authority to consider this issue in the assessment of these proposals.
6.22 Finally, the any perceived effects of the proposals on future property values is not a material consideration in the assessment of a planning application.
6.23 Moving on to the consultation replies received, the only one that expresses concern is that received from the Environmental Heath Team Leader. The concerns expressed, which effectively relate to the exclusion of part of the park from the developer’s proposals, have been fully addressed as part of the above assessment of the public objections received.
6.24 In conclusion, there would not appear to be any material considerations raised by the objectors or any consultees that would lead to a negative decision on the proposals.
6.25 In summary, it is considered that the net benefit of the proposals, when judged against the original scheme is acceptable. The off site road works are also acceptable, and there are no material considerations stemming from the representations, consultations or anywhere else which would suggest that the proposals should not be granted permission.
7. CONCLUSION
7.1 Therefore, it is concluded that planning permission can be granted subject to conditions.
R0100988.doc Application No. S/O 1/0045 8/FUL Date registered 27t” April 2001 APPLICANT ARGENT BY-PRODUCTS GROUP LTD, OMOA WORKS, NEWARTHILL, ML1 5LY Agent Aitchison Architects, 5 Bourne Street, Hamilton, ML3 7BW DEVELOPMENT ERECTION OF BIO-DIESEL PLANT INCLUDING TANK FARM, STORAGE TANKS AND FORMATION OF NEW ACCESS ROADS LOCATION BIGGAR ROAD, OMOA, NEWARTHILL, ML1 5LY
Ward No. 19 Grid Reference 279721 659798
File Reference S/PL/B/5/97(49)/GLA
Site History S/99/0080 1/OUT - Construction of Food Re-Processing Unit - Granted 17/11/99 S/00/00028/FUL - Construction of Storage Unit - Granted 21/3/00 S/00/01458/FUL - Extension to Storage Facility - Granted 22/1/01 S/O1/00090/FUL - Extension to Store - Granted 14/3/01
Development Plan 1. Northern Area Local Plan Adopted 1986 - Zoned as Greenbelt 2. Southern Area Local Plan (Finalised Draft) (Proposed Modifications) June 200 1 - Zoned as ENV6 - Greenbelt 3. Strathclyde Structure Plan
Contrary to Yes Development Plan
CONSULTATIONS
Objection None No Objection Coal Authority, Strathclyde Fire Brigade Conditions NLC Environinental Services, West of Scotland Water, SEPA, SNH. Strathclyde Police No Reply None
REPRESENTATIONS
Neighbours No response Newspaper Advertisement One letter of objection
COMMENTS Argent Group Europe Ltd propose to construct a process plant, which will utilise tlie product from the existing rendering plant to produce a cleaidgreen fuel, known as Bio-diesel. The application site was granted outline consent in 1999 for a food reprocessing plant and this current application is a replacement, for the site, reflecting the new direction that tlie company is moving into.
The new plant sited adjacent to the existing rendering plant will comprise a process building, a tank/ storage facility and piped connections between the plants.
The application has had one objection from the general public, however it has been put under considerable scrutiny by this department and external bodies. It is my conclusion, that on weighing up the benefits and disbenefits of the proposal, and in light of current policy advice and guidance that the proposal is acceptable and planning perinissioti should be granted subject to conditions.
Further details on all aspects of the proposal can be found within the attached report. I recommend, that planning permission be granted subject to the terms of the conditions noted below.
RECOMMENDATION Grant, subject to the following conditions:-
1. That the developinent hereby permitted shall be started within five years of the date of this permission
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That before the development starts, full details andior samples of the facing materials used on all external walls, windows, doors and roofs of all approved structures shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: To enable the Planning Authority to consider these aspects
3. That before the development hereby permitted starts, fLill details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority, including any inodifications as may be required.
Reason: To enable the Planning Authority to consider these aspects.
4. That before the development hereby permitted is completed or brought into use, the existing vehicular access to the Omoa Works, marked with Figure X on the approved plans, shall be closed off and all vehicular access to the development site hereby permitted shall be via the new access marked with Figure Y on the approved plans.
Reason: In the interests of traffic and pedestrian safety.
5. That before the development hereby permitted is completed or brought into use, the existing vehicular access to the Oinoa Works ,marked with Figure X on the approved plans, shall be closed off and the ground, within the area formerly occupied by the access, shall, thereafter, be reinstated as a new bus lay-by to the satisfaction of the local Planning Authority.
Reason: In the interests of traffic and pedestrian safety.
6. That before the development hereby permitted starts, details of the design, location and construction of the proposed vehicular access and related works, with specific illustration of the following criteria:-
(a) a visibility splay of 4.5 metres by the maxiinuin possible splay achievable within the applicant’s control. (b) a 10.5 metre kerb radii leading to a 6 metre (minimum) wide access, fully surfaced in an impervious material for the first 15 metres (c) the widening of Biggar Road on tlie south west of the application site, adjacent to the road, to incorporate a riglit turning storage bay
shall be submitted to, and approved in writing by the Planning Authority, including any modifications as inay be required.
Reason: To enable tlie Planning Authority to inspect these aspects in detail and for the interests of public safety.
7. That no planting, gates, walls or other obstructions shall be erected within the visibility splay approved under condition 6 above, including any modification as inay be required.
Reason: To safeguard tlie visibility from the access.
8. That before the development hereby permitted is completed or brought into use, the transportation criteria approved under condition 6 above, shall be completed to the satisfaction of tlie local Planning Authority.
Reason: To ensure satisfactory vehicular access to the application site.
9. That tlie internal road layout and parking provision for the application site shall be constructed in accordance with the approved plans.
Reason: To ensure satisfactory vehicular access and parking facilities to the site.
10. That before the development hereby permitted is completed or brought into use, the internal road layout and parking provision approved under condition 9 above, shall be completed to the satisfaction of the local Planning Authority.
Reason: To ensure satisfactory vehicular access and parking facilities to the site.
11. That measures shall be taken to ensure that any discharges to existing sewers will not be impaired or rendered less efficient by the operations hereby permitted, and adequate precautions shall be taken to prevent the pollution of watercourses, drains and the natural environinent within and adjacent to the site to the satisfaction of the Scottish Environment Protection Agency and the Planning Authority.
Reason: In the interests of water management and to prevent pollution of the application site and surrounding area.
12. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planiiing Authority, including any modifications as may be required, and it shall include:- (a) details of any earth inoulding and hard landscaping, grass seeding and turfing; (b) a scheme of landscaping, detailing the location and numbers of trees which are to be removed, retained and replaced; (c) a shelter belt of at least 5 metres in width consisting of native tree and plant species be planted along the northern edge of the application site, marked in green on the approved plans.
Reason: In the interests of the visual amenity of the area 13. That within one year of the completion of the bio-diesel plant hereby permitted, all planting, seeding, turfing and earth moulding included in tlie scheme of landscaping and planting, approved under the terms of condition 12 above, shall be completed; aiid any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within 2 years of the completion of the development, shall be replaced within the following year with others of a similar size and species.
Reason: 111 the interests of the natural environment and the visual amenity of the area.
14. That before tlie development hereby permitted starts, a report describing the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority and the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.
Reason: To ensure tlie provision of appropriate ground condition iii the interests of the Iiealth aiid safety of the future users of the site.
List of Background Papers
Planning Application form, related documents and plans dated 27 April 200 1 Northern Area Local Plan (Adopted 1986) Southern Area Local Plan (Finalised Draft) Proposed Modifications June 200 I Consultation response from DSU dated 22Ild May 200 1 Consultation response from Transportation Manager dated 16tl' May 200 1 Consultation response from NLC Landscape Services dated 29'" May 200 1 Consultation response from West of Scotland Water dated 1 1th May 200 1 Consultation response from SEPA dated 5tl' July 200 1 Consultation response from The Coal Authority dated 15t''May 2001 Consultation response from SNH dated 1 May 200 1 Consultation response from Strathclyde Police dated 23"dMay 200 1 Consultation response from Strathclyde Fire Brigade dated 2 lstMay 200 1 Letter/Email of Objection from Mrs Margaret Ross dated 1Oth June 200 1 Letter from agent dated 3'd August 2001
Any person wishing to inspect tlie above background papers should telephone Motherwell 302 102 and ask for Miss Anderson. APPLICATION No. S/O 1/00458/FUL
REPORT
1. APPLICATION SITE AND PROPOSAL
1.1 Tlie application site comprises an area of ground 1.36 hectares in size adjacent to tlie main access to tlie Omoa Works at Biggar Road, Newarthill. To tlie north of tlie site lies farmland, to tlie south is tlie access to tlie Omoa Works, with the works itself to tlie south east of tlie application site. Tlie site itself is part of a larger area recently planted with trees, by tlie applicants, as part of an environmental improvement scheme around tlie existing facility. The application site is zoned as Green Belt in the Northern Area Local Plan (Adopted 1986) and the Southern Area Local Plan (Finalised Draft) (Proposed Modifications) June 2001.
1.2 This site was granted outline planning consent in November 1999 for the construction of a food reprocessing unit for the production of edible animal fat. As this site lias consent in outline, tlie principle for an industrial use lias been set, therefore this current proposal for a bio-diesel plant is an appropriate and detailed replacement application.
1.3 Tlie bio-diesel plant is to coinprise of the following:- a process building, which includes a process unit, a boiler house and associated offices and then a separate tank storage facility with piped connections between the proposed bio-diesel plant and tlie existing rendering plant. Tlie process building in its entirety is to be approximately 62 metres in length by 16.5 metres in width and 19 metres high at the process unit, which is three floors in height. Tlie tank farm is to be approximately 10 metres in length by 5 metres in width and is to house eleven individual tanks. Tanks 1-4 are for the bio-diesel storage, totally 587 cubic metres and at 8.47 metres in height. Tanks 5-8 are for feed stock storage, totally 587 cubic metres and at 8.47 metres in height. Tank 9 is for crude glycerin and totals 3 10 cubic metres at 8,47 metres in height. Tank 10 is tlie sulphuric tank, totally 52 cubic metres at 5.67 metres in height. Tank 11 is the additiation tank, totalling 52 cubic metres at 5.67 metres in height. Tlie structures are to be constructed with concrete basecourse and titdsteel panelling. Further details of the materials to be used will be submitted for tlie consideration of tlie Planning Authority.
1.4 Tlie current proposal is for tlie construction of a bio-diesel plant, adjacent to the existing rendering plant at the Omoa Works, Newarthill. Tlie plant will produce bio-diesel, which is one of the principal sources of renewable fuel. Biodiesel is manufactured through an established chemical process called transesterification. Tlie process can be described as follows: Tallow, a by-product of the existing adjacent rendering plant, plus recovered vegetable oil form tlie main feed stocks. Up to 30% of tlie required feed stocks will be piped directly from the existing adjacent Omoa Works. Tlie above feed stocks will initially be held in tlie tank farm and then processed in the main plant along with methanol, sulphuric acid and potassium to produce tlie bio-diesel. Tlie process, at normal pressures and room temperatures, is a chemical process, which produces bio-diesel, glycerine and potassium sulphate (fertiliser) in a 100: 10: 1 ratio. Tlie latter is returned to tlie rendering plant for re-cycling and the glycerine can be either a coinmercially useful by-product or utilised in the plant’s steam boiler as fuel. The designed through-put capacity will be 45,000 tonnes of bio-diesel per year. In terms of the physical transportation of substances, one third of food stuffs are to be piped between the existing rendering facility and tlie proposed bio-diesel plant. There are to be four to five tanker deliveries to the bio-diesel plant and seven tankers moving out from tlie bio-diesel plant in one day.
2. CONSULTATIONS AND REPRESENTATIONS
2.1 Summaries of tlie consultation responses are as follows:- 2.2 NLC - Transportation
The Transportation Manager has no objections in principal to the proposal, subject to conditions. He has recommended that if planning permission is to be granted then visibility splays of 4.5111 x maximum achievable splay would be required from the new access onto Biggar Road. A right turning storage bay should be incorporated into the access proposals. This would include carriageway widening to Biggar Road on the south west of the application site adjacent to the road.
2.2 NLC - Landscape Services and Conservation and Greeiiing
Landscape Services and Conservation and Greening considered that the proposed development would have a general impact on the environment, with specific emphasis on the visual implications. They have recommended that the development have some woodland planting and screening along the north west of the site and also along the front of Biggar Road.
2.3 NLC - Protective Services
Protective Services do not have any objections in principle to this application, provided the applicant complies with the environmental requirements set out by the Scottish Environment Protection Agency.
2.4 West of Scotland Water
West of Scotland Water have no objections to the proposal subject to conditions. A water SLIPP~Ycan be made available to the site. There are public sewers in the vicinity to which drainage from the proposals can be discharged. The discharge would require to be pumped.
2.5 SEPA (Scottish Environment Protection Agency)
SEPA have no objections to the proposal subject to conditions. The proposed development will require a permit granted under the Pollution Prevention and Control (Scotland) Regulations 2000 before it can be operated. The principal issue SEPA are concerned about is the linkage between the bio-diesel plant and the existing wastewater treatment plant. SEPA’s opinion is that any increased loading on the wastewater treatment plant, without appropriate technical upgrades, may have a negative effect on discharges to sewer and potentially on odorous emissions to the atmosphere. SEPA will have a detailed consultation period with the applicant, when considering and prior to granting the permit under the Pollution Prevention and Control (Scotland) Regulations 2000. A summary of the main emissions to the environment and relevant abatement procedures is discussed later in this report.
2.6 Coal Authority
The Coal Authority have no objections to the proposed development. If there are any issues which the applicant wants clarified, they have suggested they seek technical advice from the Coal Authority.
2.7 SNH (Scottish Natural Heritage)
SNH have no objections in principal to the proposed development, subject to some stringent conditions. SNH do feel the development will have an adverse effect on the natural heritage of the area, i.e. the local landscape and the young woodland, however this could be overcome with appropriate conditions. SNH stated the if the Planning Authority were in a mind to grant this application they would expect the following conditions to be attached to the consent:
(1) Development is carried out in strict accordance with the terms of the application andsubmitted plans (2) For every tree that is to be felled, two trees shall be planted of a native species (3) A scheme of landscaping shall be submitted to the Plaiining Authority, including areas where trees are lost, areas where trees are to be retained and new areas of trees (4) Implementation of landscaping scheme within first planting season following construction and if any trees or plants die within a period of five years then they are replaced (5) A shelter belt of at least 5 metres in width, consisting of native tree and plant species be planted along the northern edge of the proposed development, to reduce visual impact (6) That no material used for the construction or the operation of the plant, i.e. chemical drums shall be stored in any areas outwith the plant other than those area designed for their safe storage.
2.8 Strathclyde Fire Brigade
No Objections
2.9 Strathclyde Police
The Traffic Management Section do not have any objections in principle to this application, however they are concerned regarding the new access and want it to comply with appropriate visibility splays.
2.10 Letter of Representation
There has been one letter of objection in response to this application, from a resident in Newarthill. The objection relates to the potential increase in odours, which will permeate from the proposed bio- diesel plant.
3.0 OBSERVATIONS AND CONCLUSIONS
3.1 This proposal follows on in detail, from the outline application for a food reprocessing unit, which was approved in November 1999. The primary considerations for this proposal are the following: the acceptability of such a use within the Greenbelt; the potential impact on the existing road network and the compliance of this bio-diesel with environmental regulations and legislation.
3.2 The site is adjacent to the applicant’s existing works and will rely on a piped connection between the proposed bio-diesel plant and the existing rendering plant. This proposal is an extension to an existing operation, whose additional role will be to produce bio-diesel through an evolving, sustainable process encouraged by European and environmental legislation. The Planning Authority are assessing this application as an extension to an existing industrial use, so therefore, view that it will not adversely affect the character and function of the Greenbelt, as defined by Policy ENV6 of the Southern Area Local Plan (Finalised Draft) (Proposed Modifications) June 200 1. The outline consent for this application has set the context for a future industrial use on this site, therefore it is crucial the Planning Authority attach relevant and accurate conditions to the permission, to ensure a safe and controlled operation is approved.
3.3 As this proposal is presently accessed off an unclassified road it is important to attach specific traffic conditions regarding a future access and related works. The proposal is to stop up the existing access to the Omoa Works and relocate it approximately 70 metres north on the Biggar Road. The Transportation Manager has indicated his preferred visibility splays for the access and associated road alterations. The details and implementation of a road management scheme are outlined in the attached conditions.
3.4 It is now established that the Plaiining Authority consider this development of a bio-diesel plant as an extension to the existing industrial use at the Omoa Works. The location of the plant within the Greenbelt zoning and a sensitive rural setting, makes it imperative that landscape issues are dealt with in a proper manner. It is important, therefore, to take into account the comments of Landscape Services, Conservation and Greening and SNH with specific regard to sensitive landscaping and replacement trees and hedges. Specific landscaping and relevant implementation conditions have been attached to this consent, to ensure the necessary control is set and monitoring criteria is in place, in terms of the impact on the visual amenity of the site and its surrounding area. While tlie proposed development is quite significant in visual terms it is broadly in scale with the existing rendering plant on the adjoining site and with appropriate boundary treatment, will not have an adverse visual impact.
3.5 The issues raised by West of Scotland Water, SEPA and tlie single objector, were with regard to the sewage and wastewater discharge and tlie potential for an increase in odorous emissions from the bio- diesel plant. I refer to a background paper, which was submitted along with tlie planning application, which is titled “Summary of Potential Emissions to tlie Environment from the Proposed Bio-Diesel Plant.” The table sunimarises the following: the substance emitted to the atmosphere, the source of the substance, the release point of the substance and the proposed abatement equipment to reduce potential emissions. The issues raised by the consultees and objector regarding sewage and wastewater discharge and to any potential odours can be assessed against the contents of the table. Wastewater emissions will include process water, compressed air system and cooling water, however the proposed abatement equipment is a full water treatment system, which will alleviate minimum emissions. The source of potential odours would come from animal and vegetable fats, however the proposed abatement equipment to reduce odours would be the wet scrubber and a sealed process unit. The Planning Authority and SEPA will ensure that any details of proposed discharge to sewers and watercourses and potential odours from the bio-diesel are brought to their attention and are dealt with to the satisfaction of the relevant authorities.
3.6 In light of current environmental legislation and guidance on sustainable methods of producing renewables, I consider that with appropriate planning conditions and future monitoring of the site the proposal for a bio-diesel plant is acceptable, I therefore recommend that permission be granted subject to conditions. Members should also be aware that tlie applicant will need to comply with SEPA’s requirements prior to the necessary permits being granted. Application No. S/O 1/005 1 5/FUL Date registered 2'ld May 200 1 APPLICANT McINNES PROPERTY TRUST, 86 UNION STREET, HAMILTON
Agent The John Russell Partnership, Wilsoii Road, Newhouse ML 1 5NB DEVELOPMENT ERECTION OF FOUR SHOP UNITS AND SIX FLATS AT FIRST FLOOR LEVEL LOCATION 68-74 HIGH STREET, NEWARTHILL
Ward No. 29 Grid Reference 278392659526
File Reference S/PL/B/5/47( 141)IMHIAH
Site History
Development Plan Zoned as Established Coininunity Facilities on the Southern Area Local Plan (Finalised) Draft
Contrary to Development Plan No
CONSULTATIONS
0b j ection No Objection West of Scotland Water, The Coal Authority Conditions No Reply
REPRESENTATIONS
Neighbours Newspaper Advertisement
COMMENTS The applicant seeks planning consent for the erection of 4 shops and six flats at first floor level on land at 68-74 High Street, Newarthill. The land at present is in Council ownership and will be purchased by the applicant on the granting of plaiiiiiiig consent for this development. The area of land in question because of its constraints would be difficult to develop as a stand alone development site. The neighbouring site accommodates a range of health services operated by the applicant. The granting of planning consent for this development would allow tlie applicant to expand the range of services and bring an otherwise constrained site into productive use whilst providing additional health related services to the community. In assessing the details of this application I have come to tlie conclusion that this development offers the best opportunity to develop tlie site whilst bringing most benefit to the community, I therefore recommend that planning consent be granted. My comments on the development proposal are contained in the accoinpanyiiig report.
RECOMMENDATION Grant, subject to the following conditions:- Producedby LANARKSHIRE SouthernDepaltment Dwision of Plannfng and Environment Planning Application No. S/01/00515/FUL 303 Brandon Street MOTHERWELL Erection of four shop units and six flats at first floor level MLi 1RS Repodd horn rn adnsnca SU-y msww mth h. pnlrlonOf ele Contoll@, Of he, Msp.ty. Telephoneo169830~l~Fax 018983M,0i Mclnnes Doctors Surgery, 68-74 High Street, Newarthill 1 1250 Sbbowry 0 Cmvm mpywht Unamamed mwdmon mfnnges Cmmmpynght os Licence LA 090411 and mybadtD pm-ubon oravtl pkiw 1. That the development hereby permitted shall be started within five years of the date of this permission
Reason: To accord with tlie provisioiis of the Town and Country Plaiiiiiiig (Scotland) Act 1997.
2. That before the development hereby permitted starts, full details of all exteriial materials to be used in construction, including walls, roofs, windows, doors, gutters and downpipes, shall be submitted to, and approved in writing by the Plaiiiiing Authority, iiicludiiig aiiy modificatioiis as may be required.
Reason: To ensure that the building matches the external appearance of tlie existing surrounding buildings aiid thereby maintains tlie visual quality of the area.
3. That before the developineiit hereby permitted starts, full details of tlie design aiid location of all fences and walls to be erected on the site shall be submitted to, aiid approved in writing by the Plaiiiiiiig Authority, including any inodificatioiis as may be required.
Reason: To ensure that the development is in keeping with the exteriial appearance of the existing buildings aiid their surroundings aiid thereby maiiitaiii tlie visual quality of the area.
4. That before tlie development hereby permitted starts, a scheme of landscaping, for the area hatched GREEN; on the approved plans, shall be submitted to, and approved in writing by the Plaiiiiiiig Authority, iiicludiiig aiiy modifications as may be required, and it shall include:-
(a) details of any earth moulding aiid hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of tlie location, number, variety aiid size of trees aiid 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 tlie course of development, (d) details of the phasing of these works.
Reason: To maiiitaiii tlie landscape quality of tlie area.
5. That before the developmelit hereby permitted starts, a inaiiageineiit aiid maintenance scheme shall be submitted to, aiid approved in writing by the Plaiiiiiiig Authority, including any modifications as may be required, aiid it shall include proposals for the coiitiiiuiiig care, inaiiiteiiaiice and protection of-
(a) the proposed, planted aiid landscaped areas hatched GREEN on tlie approved plans;
Reason: To maintain tlie landscape quality of the area.
List of Background Papers
Application and plans dated 2/5/0 1 Letter and plans dated 23/7/01 North Lanarkshire Council, Southern Area Local Plan, Modified June 200 I Letter from West of Scotland Water dated 17/5/01 Letter from The Coal Authority dated 22/5/01
Any person wishing to inspect the above background papers should telephone Motherwell 302 128 and ask for Mary Hogg. APPLICATION NO. S/O U005 1SIFUL
REPORT
1.2 The applicant seeks planning consent for the erection of 4 shop units and 6 flats at first floor level on ground belonging to the Council at 68-74 High Street, Newartliill.
1.3 The site is zoned for Established Coininunity Facilities, Policy CS2, on the Southern Area Local Plan, Modified June 200 1.
1.4 The site lies on the busy main route corridor through the village of Newartliill coiinecting Motherwell in tlie south west with the M8 motorway in tlie north east.
1.5 It is densely planted with low maintenance shrubs and was landscaped under the former Motherwell District Council’s Environinental Improvement Scheme. It is bounded to the north by High Street, to tlie east by a Coininunity Education Centre and to tlie south and east by a medical centre operated by the applicant.
1.6 The development will have a main street frontage providing access to tlie four units. The units will provide a Pharmacy, Opticians, Dental Surgery and Veterinary Surgery. Six flats are to be constructed at first floor level with associated car parking to the rear of the building accessed from the existing access for tlie medical centre.
2. BACKGROUND
2.1 The McInnes Medical Trust operate a range of health services from their various premises at 60-78 High Street,Newarthill. Many of the present day facilities have been developed on land previously sold to them by North Lanarkshire Council and their predecessors.
2.2 The Trust now wish to develop further coininercial premises next to the Medical Centre for complimentary health services as mentioned previously in the report.
2.3 CONSULTATIONS
3.1 West of Scotland Water has been consulted and have no objections in principle to the development. However, there could be existing drains within tlie site, which may or may not be tlie respoiisibility of the Water Authority which could restrict site proposals.
3.2 In addition, tlie Coal Authority has been consulted and whilst the site is in the likely zone of influence of past underground mining, the site is not within the zone of likely physical influence on tlie surface froin any present underground coal workings. The applicant will be advised to contact tlie Coal Authority before work begins on site.
4.0 OBSERVATIONS
4.1 The area of land which the applicant wishes to develop is located on tlie High Street frontage extending to approximately 680 square metres and is densely planted.
4.2 The presence of an established bus stop fronting the site coupled with the reluctance to allow further accesses directly onto High street, would have prevented this land being developed as a stand alone developinent site.
4.3 No objections have been received by the Council in relation to the proposed development of the site. 4.4 In addition, this proposal offers the opportunity to realise the full development potential of the site as well as providing a wider range of health services to the village.
5. CONCLUSION
5.1 I coiisider the proposal to be suitable use for an otherwise constrained area of ground which would have little or no development potential as a stand alone site. As the site poses no planning policy objections and no objections have been received from any other parties I am satisfied that the development would be of benefit to the village and would not be detrimental to tlie amenity of the area, I therefore recoininend that planning consent be granted subject to tlie attached planning condition. Application No. S/O 1/0054 UOUT Date registered I 1 May 2001 APPLICANT LES MCGREGOR, 5 KINGSLEY COURT, UDDINGSTON, G7 1 7QH Agent George Creegan, 3 Glenacre Crescent, Uddingston DEVELOPMENT ERECTION OF DWELLINGHOUSE LOCATION 5 KINGSLEY COURT, UDDINGSTON
Ward No. 22
Grid Reference 270356661047
File Reference S/PL/B/9/80(64 1)/JD/LG
Site History Planning permission granted to Barratt Developments (Scotland) Ltd for the estate in 1977 (Ref 376/76). Planning permission refused for the erection of a dwellinghouse on 4 JUIY1990 (Ref 204/90 outline)
Development Plan The Southern Area Local Plan Finalised Draft (Modified June 200 1 ) zoned as Established Housing Area
Contrary to Development Plan No
CONSULTATIONS
Objection No Objection Coal Authority Conditions West of Scotland Water, Transco, No Reply Scottish Power
REPRESENTATIONS
Neighbours 8 letters received from 4 objectors Newspaper Advertisement Not Required
COMMENTS Outline planning permission is sought for the erection of one dwellinghouse in the garden ground of an existing dwellinghouse at the above address. Eight letters have been received from four objectors in opposition to this development. For the reasons contained in the accompanying report, I recommend that planning permission be refused.
RECOMMENDATION
Refuse for the Following Reasons:-
1. The application site is insufficient in size to accommodate a dwellinghouse of reasonable scale, standards of front garden size as identified in the approved space standards policy
and privacy, equivalent to those currently prevailing within the housing estate in which the site is located.
2. The proposed additional dwellinghouse would generate increased traffic activity at a location which would impact detriinentally upon the existing parking provision, where problems are experienced at present within the Kingsley Court cul-de-sac.
List of background papers
Application forin and plans dated 11 May 2001 Revised plans dated 29June 2001 Southern Area Local Plan Finalised Draft (Modified June 200 1) Letter dated 2 1 May 200 1 froin Transco Letter dated 29 May 200 1 froin West of Scotland Water Letter dated 24 May 200 1 froin The Coal Authority 2 letters of objection dated 17 May 2001 & 6 July 2001 from Rita McGuigan, 5 Hainilton View 2 letters of objection dated 21 May 200 1 & 1 1 July 200 1 froin Colin Sinclair and Michelle Watt, 3 Hamilton View 2 letters of objection dated 21 May 2001 & 11 July 2001 froin Craig and Fiona Borthwick, 3 Kingsley Court 2 letters of objection dated 22 May 2001 & 12 July 2001 from Jaines Kirk, 7 Kingsley Court
Any person wishing to inspect the above background papers should telephone Motherwell 302 137 and ask for Joanne Delaney APPLICATION NUMBER: Si0 1/0054 UOUT
REPORT
1. SITE AND PROPOSAL
1.1 The application site is located within an area zoned for established housing on the Local Plan and forms part of the garden ground of the dwellinghouse at 5 Kingsley Court,
Uddingston. The house concerned is a detached Barratt villa with a substantial garden, . located at the end of a cul-de-sac. The site for the proposed house is located within the front and side garden of NOSKingsley Court. The houses immediately adjoining the application site are two-storey detached or semi-detached properties.
1.2 Following receipt of four letters of objection froin neighbours to this proposal, consultation was undertaken with the applicant in an attempt to address the concerns raised. Concerns related to the scale and appearance of the proposed house, loss of view/outlook, amenity and privacy, overshadowing, lack of parking provision and increased traffic activity, and a depreciation in the value of their homes caused by this development.
1.3 Revised plans were submitted which entailed reducing the scale of the house froin 1.5 storey to single-storey. Relocating the house in recess froin the rear boundary with Nos 3 and 5 Hainilton View to a new position in rear alignment with No.3 Kingsley Court. Additional front garden ground was provided in order to accominodate suitable vehicular access arrangements to the site and to accoininodate a vehicular turning facility to allow vehicles to enter and leave the site in forward gear. However, four further letters of objection were received froin the same neighbours previously, in light of the revised plans.
2. CONSULTATIONS AND REPRESENTATIONS
2.1 No objections were received from the Coal Authority, whilst no reply was received froin Scottish Power.
2.2 West of Scotland Water - assuining suitable levels are chosen it is possible to service the site.
2.3 Transco - in order to proceed with this development it may be necessary to divert their plant.
2.4 NLC Roads - no objections to the proposed development subject to conditions requiring a suitable vehicular access, provision of two car parking spaces and turning facilities within the site.
2.5 Eight letters of objection were received froin four neighbours in relation to both the original and revised plans. The letters re-iterated the following concerns:- 1. The scale and appearance of the proposed house would result in the loss of view/outlook and privacy available to adjoining neighbours; 2. The site is inadequate in size to accommodate a house of reasonable scale; 3. Loss of daylight/sunlight; 4. Inadequate parking provision; 5. Nuisance during construction and the de-valuing of adjacent properties; and - 6. The proposal would create a detriinental effect on the amenity of this established estate. 3. OBSERVATIONS AND CONCLUSIONS
3.1 The value of adjacent properties and nuisance during construction works are not material planning considerations and therefore cannot be taken into account. However the other issues are relevant to the consideration of this application.
3.2 The revised location of the proposed dwellinghouse in alignment with adjoining houses in Kingsley Court provides sufficient side and rear garden ground such that the issues of loss of privacy and daylight/sunlight are now considered to be addressed and complement the space standards prevalent in this estate.
3.3 With regard to loss of view/outlook, there are no legal entitlements to such and so cannot provide justification for reftisal.
3.4 Car parking provision -the Transportation & Traffic Team Leader has confirmed that the site can accommodate two car parking spaces, a turning facility and suitable vehicular access. However in doing so, the entire front garden and majority of the side garden are required for this purpose.
3.5 Inadequate size of the site - it is considered that whilst the site could accommodate a single house, the space standards at the front of the house in terms of garden size and outlook would be severely restricted. Whilst attaining the space standards for side and rear gardens, thus addressing privacy and sunlight/daylight concerns of adjoining neighbours, this has resulted in a reduction of front garden ground such that the distance between the proposed dwellinghouse and No.5 Kingsley Court is considered insufficient to allow an acceptable level of privacy between both houses. This, coupled with the requirement to utilise the entire front garden areas of both houses to satisfy the access and parking requirements, impacts detrimentally upon the residential amenity of this small cul-de-sac.
3.6 Whilst a single storey house will remove any overlooking of adjoining houses, a single storey house itself would be badly overlooked, particularly from the houses in Hamilton View which have been constructed at a higher level. A single storey house would also look out of place at this location given that other houses immediately adjoining the site are two- storey.
3.7 Notwithstanding the ability of the site to accommodate various parking and access requirements, it is considered that the increased traffic generated by this proposal would have an adverse impact upon the visitor parking provision available to serve the occupants of the cul-de-sac, who experience difficulty at present.
3.8 Finally, for the reasons given, this proposal is also considered to be contrary to Policy HSG 11 - Infill Housing Development of the Southern Area Local Plan Finalised Draft (Modified June 2001), which states:- “the Council will take account of...... the overall impact of the proposal on the character and amenity of the surrounding area, dimensions of the site relative to the proposed development and associated private garden ground, effect of infill on the garden space,
privacy and sunlight received by surrounding properties.. . ”
3.9 In conclusion, it is considered that the construction of an additional house within the garden ground of 5 Kingsley Court would lead to a development which is unacceptable in itself and which would adversely affect other adjoining properties. The general effect would be a reduction in the amenity of the iininediate area. It is therefore recoinineiided that perinissioii be refused. Application No. S/O 1/00544/REM Date registered 14 MAY 2001 APPLICANT MR MALCOLM LIVINGSTONE, 28 ALBERTA AVENUE HOWDEN, LIVINGSTON. EH54 6AN Agent NOVASIDE TIMBER SYSTEMS, CASTLECARY, CUMBERNAULD.G68 ODT DEVELOPMENT CONSTRUCTION OF DWELLINGHOUSE LOCATION THE SHEILING, WISHAW LOW ROAD, CLELAND
Ward No. 19 Grid Reference 279698 657683
File Reference S/PL/B/4/25( 134)/MH/JF
Site History Planning Application for the Construction of Dwellinghouse Granted 25 October 2000 (Planning Application S/00/00955/OUT).
Development Plan Central Industrial Area Part Development Plan - “Green Belt Zone” Southern Area Local Plan, Modified June 2001 - Policy HSG8 (Established Housing Area)
Contrary to Development Plan Yes
CONSULTATIONS
Objection No Objection Coal Authority, West of Scotland Water, SEPA
Conditions No Reply REPRESENTATIONS
Neighbours One letter of objection Newspaper Advertisement No Response
COMMENTS The applicant seeks detailed planning consent, for the construction, of a dwellinghouse on side garden ground at ‘The Sheiling‘ off Wishaw Low Road, Cleland. Outline planning consent was previously granted by the Council in October 2000. One letter of objection has been received from a notified neighbour who previously objected to the outline planning application. The principle of development on this site has been established by the granting of outline planning consent by the Council. I therefore recoininend that planning consent be granted with relevant planning conditions. My comments and observations regarding this development proposal are outlined in the attached report.
RECOMMENDATION
Grant, subject to the following conditions;- Pmduced by Planning Application No. S/01/00544/REM Departmnt of Planning and Environment SOYVleln DNlSlOn Construction of dwellinghouse 303 Brandon Sireet MOTHERWELL The Sheiling, Wishaw Low Road, Cleland ML11RS Re&& homhoTdmns(I Suwey MWW* ii em pnnluonofh.Conb~il.r~fhrMs~.hl* Telephone 01696 3021W Fax 01698 302101 1.1250 Sbbom!, mu Q Crow? mpynght Unaumonaed np(Odmon ifingee Crow? mpyngM Location of Objector and mylead m p.e&n or awl praredmp. os Licence L4 O9MlL * 1. That the development hereby permitted shall be started, no later than 25 October 2005
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That before development hereby permitted starts, the following details shall be submitted to , and approved in writing by the Planning Authority:-
(a) the details of, and timetable for, the hard and soft landscaping of the site; (b) details of existing trees, shrubs and hedgerows to be retained; (c) details of existing aiid proposed site levels.
Reason: To enable the Planning Authority to consider these aspects in detail
3. The external materials to be used on the dwellinghouse hereby permitted shall be such that they minimise the visual impact upon the landscape. For the avoidance of doubt, the following shall be taken into consideration in the design of the dwellinghouse:
(a) roofing materials to be restricted to tones of dark grey or brown; (b) facing brick, render, dry dash and stone shall avoid very pale or very bright colours, in particular white dry dash render aiid light buff facing bricks; (c) window frames, rain gutters and downpipes shall be dark in colour.
Reason: To ensure the visual impact of the dwellinghouse hereby permitted is minimised befitting an urban fringe location.
4. That not withstanding the details required to be taken into consideration in terms of condition 4 above, full details of all external materials to be used on all external walls and roofs shall be submitted to, aiid approved in writing by the Plaiiniiig Authority, including walls, roofs, windows, doors, gutters and downpipes, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: To ensure the visual impact of the dwellinghouse hereby permitted is minimised befitting an urban fringe location.
5. That the driveway of the dwellinghouse hereby permitted shall be finished in block paving within one month of the dwellinghouse being occupied.
Reason: In the interests of amenity and to prevent deleterious materials being carried onto the highway.
6. That notwithstanding the details required in terms of condition 3 above, before development starts a scheme of landscaping for the south eastern boundary of the plot shall be submitted to, and approved in writing by the Planning Authority and it shall include mixed indigenous species hedgerow such as hawthorn, blackthorn and privet.
Reason: To define a natural edge to the built up area of Cleland and to provide a wildlife habitat befitting an urban fringe location. 7. That the planting approved in terms of condition 7 above shall take place no later than 6 months after the dwellinghouse is occupied.
Reason: To ensure implementation of the approved landscaping scheme.
8. That notwithstanding the terms of condition 3 above, a visibility splay of 2.4 metres by 3.3 metres, measured from the heel of the footway, shall be provided on both sides of the vehicular access and before the development hereby permitted is completed, or brought into use, everything exceeding 0.6 metres in height above the footway level shall be removed from the sight line areas and, thereafter, nothing exceeding 0.6 metres in height above the footway level shall be planted, placed, erected, or allowed to grow, within these sight line areas.
Reason: In the interests of pedestrian safety.
List of Background Papers
Application and plans, dated 14/8/01 Letter and Plans dated 12/7/0 1 County of Lanark Central Industrial Area Part Development Plan North Lanarkshire Council, Southern Area Local Plan, Modified June 200 1 Letters from West of Scotland Water, dated 15/6/01 Letter from Scottish Environment Protection Agency, dated 4/7/0 I Letter dated 23/5/01from Mr Cleland, Garrion Lodge, Wishaw Low Road, Cleland, ML1 5QU
Any person wishing to inspect the above background papers should telephone Motherwell 302 128 and ask for Mary Hogg. APPLICATION No. S/O1/00544/REM
REPORT
1. APPLICATION AND SITE
1.1 The applicant seeks detailed planning consent, to construct a single storey dwellinghouse with integral garage on the side garden ground of his own dwelling. Outline planning consent has been granted by the Council, reference no. S/00/00955/OUT, on the 25 October 2000. This application relates to the details requested to be submitted by the attached conditions of tlie outline planning consent.
1.2 The application site consists of side garden ground of “The Shieling”, as noted above and is rectangular in shape, measuring approximately 40 metres by 20 metres. It appears to have been used for the growing of vegetables in the past although, at the time of inspection, the ground consisted inainly of weeds. The site cannot be seen froin the road (Wisliaw Low Road) as a hedge of approximately 1.8 metres height forins the front boundary. The boundary between the application site and “The Shieling” is defined inainly by a brick wall approximately 1.2 metres in height. There is a 2 metre high horizontal close-boarded timber screen to the east along the dividing line with the objector’s rear garden. Tlie boundary to the field to the south is less well defined, by post and barbed wire fencing and metal grid fencing.
1.3 The application site is the southernmost point of the village of Cleland. Access to tlie site would be taken froin Wishaw Low Road. Iininediately adjacent to the site boundary, Wisliaw Low Road has been stopped-up to vehicular traffic. Tlie road and footway along the frontage of the plot are a little substandard with the footway 1.5 metres wide and the road a little under 5 metres in width in places.
2. CONSULTATIONS
2.1 Consultations were carried out with West of Scotland Water, and the Scottish Eiiviroiiineiit Protection Agency (SEPA).
2.2 West of Scotland Water have no objections in principle to tlie development proposal and a public water supply inay be made available. A minimum cold water storage of 200 litres is recommended, There are public sewers in the vicinity to which assuming suitable floor levels are chosen drainage froin the proposed development can be discharged by gravity.
2.3 SEPA have no objection to this development proposal and it is not their intention to pursue a consent for the discharge to the total soakaway and accordingly SEPA intimated that this matter inay be dealt with under the Building Regulations. 3. OBJECTIONS
3.1 A neighbour notified of the planning application has submitted an objection. Several grounds are quoted, which inay be summarised as follows:-
. The objector’s drains connect to a shared septic tank within the application site and the drainage line at present utilises the best gradient available for the most efficient runoff for rainwater and sewerage. The objector is of the opinion that any interference of this system would adversely affect the drainage resulting in a severe health hazard. Furthermore, lie will not allow them to be disturbed.
The plans indicate that a new 1.8 metre high fence is to be erected on a mutual garden boundary. Is the applicant intending to demolish the existing fence which the objector has erected or will there be 2 fences on this boundary. The constructon of the dwellinghouse will have a serious effect on the privacy of the objector in relation to the enjoyment of his garden which at present is private and secluded . In addition, he intimates that the use ofan oil fuelled heating system would result in an increase in air pollution froin oil burning in a westerly prevailing wind. If granted the proposal would result in an increase of traffic using Wishaw Low Road and this combined with the poor visibility between ‘The Sheiling’ and the objectors dwellinghouse would be a danger to road safety.
4. COMMENTS AND OBSERVATIONS
4.1 I note the objector’s concerns relative to his drainage and connections to the shared septic tank. This is not a valid planning consideration and cannot be taken into accounJ it is a civil matter which should be resolved by the applicant and the objector. In addition, West of Scotland Water has been consulted and has offered no objections to this proposal in principle.
4.2 With regard to fencing, a 1.8 metre high ranch fence is to be erected within the development site. The issue with regard to the existing fence belonging to the objector is a civil matter between both parties.
4.3 In relation to the loss of privacy within the objectors rear garden area, the proposed dwellinghouse is to be located approximately 12.5 metres distance away froin the rear garden boundary fence separating the 2 garden areas and as such is unlikely to give cause for concern. It should be noted that this distance is in excess of the Councils Policy on ininiinuiii space standards required for new developments.
4.4 The provision and type of central heating system within a new dwellinghouse is not a planning consideration and cannot be taken into account.
4.5 Finally, with regard to other concerns expressed by the objector, Wisliaw Low Road is stopped- up just beyond the application site and therefore, the proposed development will not create traffic conflict. It will result in a couple of inore cars on Wishaw Low Road but, relative to the impact of housing developments at the adjacent Glen Noble development, could not be said to significantly affect the volume of traffic to the stage that it would have a detrimental effect. 5. CONCLUSION
5.1 Haviiig assessed tlie objectioiis submitted and the coininents inade by consultees, I am satisfied that there are 110 significant reasons why tlie proposed development should be refused. Furthermore, the application site is large enough to ensure tlie proposed dwellinghouse satisfies tlie plot criteria laid down as Council policy whilst not adversely prejudicing the level of amenity enjoyed by tlie applicant’s current dwellinghouse. On this basis I recommend that plaiiiiiiig permission be granted, subject to tlie appropriate conditions. Application No. SI0 11006651REM Date registered 7th June 200 1 APPLICANT BARRATT WEST SCOTLAND, MAYFIELD HOUSE, 7 MAGGIEWOODS LOAN, FALKIRK FK1 5SG Agent Wilson & Wilson, Arnot Grange, Maggiewoods Loan, Falkirk FK1 5SG DEVELOPMENT CONSTRUCTION OF 181 DWELLINGHOUSES LOCATION LAND SOUTH AND EAST OF BERNADETTE CRESCENT, MOTHERWELL
Ward No. 5
Grid Reference 277744658660
File Reference S/PL/B/5/45(79)lGLAlAH
Site History May 200 1 - Plaiiniiig permission granted in outline for residential developineiit Sept 1994 - Plaiiiiiiig permission granted in outline for residential development, car park and horticultural centre.
Development Plan Strathclyde Structure Plan - Policies GB 1, GB 1A (Green Belt), RES, RES 1A (Residential development) Northern Area Local Plan - Policies El, E2 aiid E3 (Green Belt) Southern Area Local Plan - Finalised Draft (Modified June 2001) - Policy HSG2 (Private Housing Development Opportunity)
Contrary to Development Plan Yes
CONSULTATIONS
Objection No Objection Coal Authority, West of Scotland Water Conditions NLC Coininunity Services, Scottish Natural Heritage No Reply
REPRESENTATIONS
Neighbours 3 letters of objection Newspaper Advertisement No Response
COMMENTS The applicant seeks Reserved Matters Plaiiniiig Permission for the construction of 18 1 dwelliiighouses on land to the east of Carfin Grotto aiid Bernadette Crescent, Carfin. The site covers approximately 5.5 hectares aiid although technically within the Green Belt, has been identified in the Southern Area Local Plan, Finalised Draft (Modified June 200 1) as a Private Housing Development Opportunity. The proposal is therefore in accord with emerging council policy and already has outline planning consent. Three neighbours have objected to the proposed
development. My comments and observations are detailed in the attached report. It is recommended that planning permission be granted.
RECOMMENDATION
Grant subject to the following conditions:-
1. That the development hereby permitted shall be started not later than 1st May 2004.
Reason: To accord with the outline planning permission.
2. That, notwithstanding tlie provisions of tlie Building Standards (Scotland) Regulations 1990, and before tlie development starts, a certificate from a recognised firm of chartered engineers, duly signed by a Chartered Engineer or Chartered Geologist of Geotechnical Adviser Status (ICE, SISG 1993) shall be submitted to the Plaiiiiing Authority confirming the mineral stability of the site. This certificate shall be based on a professionally supervised and regulated rotary drilling programme.
Reason: To ensure the mineral stability of the proposed site in the interests of prospective occupiers (Note: A copy of tlie required Certificate is available from tlie Divisional Office).
3. That before tlie development hereby permitted starts, a report describing tlie soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority and the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.
Reason: To ensure tlie site is free of contamination.
4. That before the development hereby permitted starts, a report from an appropriately professionally qualified source shall be submitted for tlie approval of the Planning Authority, which determines the location and extent of badger activity within and adjacent to the application site and thereafter any measures required to protect such badger activity shall be implemented to the satisfaction of the Planning authority before any work commences 011 site.
Reason: To ensure adequate measures are put in place to protect badgers and their associated habitats.
5. That notwithstanding the provisions of Class 7 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no gates, fences, wal Is, or other means of enclosure, shall be erected between the front of the dwellinghouses hereby permitted and the adjoining road.
Reason: To establish and control the visual amenity of the area.
6. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by tlie Planning Authority, including any modifications as may be required, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) details of tlie phasing of these works.
Reason: To enable the Planning Authority to consider these aspects in detail.
7. That with specific reference to the landscaping buffer on the periphery of the development hereby permitted, planting shall proceed as follows:- (a) boundary AB to be planted before tlie last of the dwellinghouses on plots 104- 1 13 is occupied; (b) boundary BC to be planted before tlie last of the dwellinghouses 011 plots 26-104 is occupied; (c) boundary CD to be planted before the last of the dwellinghouses on plots 21-25 is occupied; (d) boundary DE to be planted before the last of the dwellinghouses on plots 2-21 is occupied.
Reason: To ensure the provision of planting in the interests of visual amenity.
8. That within one year of the occupation of tlie last 10 dwellinghouses within the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under tlie terms of condition 6 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of tlie development, shall be replaced within tlie following year with others of a similar size and species.
Reason: In the interests of tlie visual amenity of the area.
9. That before the development hereby permitted starts, a scheme, for tlie provision of the equipped play area within the application site and upgrading of tlie existing play area adjacent to the application site shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and this shall include:- (a) details of tlie type and location of play equipment, seating and litter bins to be situated within tlie play areas; (b) details of the surface treatment of the play areas, including tlie location and type of safety surface to be installed; (c) details of the fences to be erected around the play areas, (d) details of the pliasing of these works.
Reason: To enable the Planning Authority to consider these aspects in detail.
10. That the upgrading of the adjacent equipped play area shall be completed before the first dwellinghouse hereby permitted is occupied.
Reason: To accord with the terms of the Section 75 Agreement.
11. That before occupation of the last 20 dwellinghouses within the development hereby permitted, all the works required for the provision of the equipped play area within the application site and, included in the scheme approved under the terms of condition 9 above, shall be completed. Reason: To ensure the provision of adequate play facilities within the site.
12. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by tlie Planning Authority, including any modifications as may be required, and it shall include proposals for the continuing care, maintenance and protection of all open space areas including the areas to be planted and landscaped and the equipped play area within the application site.
Reason: To ensure maintenance of visual amenity, in the interests of residential amenity.
13. That before completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 12 shall be in operation.
Reason: To ensure maintenance of visual amenity, in the interests of residential amenity.
14. That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: To enable the Planning Authority to consider these aspects in detail.
15. That before any of the dwellinghouses hereby permitted, situated on a site upon which a fence or wall is to be erected, is occupied, the fence or wall, as approved under tlie terms of condition 14 above, shall be erected.
Reason: In the interests of residential amenity.
16. That the use of the garages hereby permitted shall be restricted to private use incidental to the enjoyment of tlie dwellinghouses on the site and no commercial activity shall be carried out, in, or from, the garages.
Reason: To safeguard the residential amenity of the area.
17. That the integral garages shall not be altered for use as a habitable room without the prior written consent of the Planning Authority.
Reason: To enable the Planning Authority to retain effective control and to eiisiire the provision of adequate parking facilities within the plots.
18. That no dwellinghouse shall be occupied until the access roads and footways leading thereto from tlie existing public road have been constructed to sealed base course level.
Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings.
19. That before the last of the dwellinghouses hereby permitted is occupied, all roads and footways shall be completed to final wearing course.
Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings. 20. That before tlie dwellinghouses hereby permitted are occupied, parking provision for 2 off street parking spaces will be provided and the first 2 metres of this access, beyond the limit of the adjoining road, shall be surfaced in an impervious material, to be approved by the Planning Authority.
Reason: To ensure the provision of adequate parking facilities within the site.
21. That before the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: To enable the Planning Authority to consider these aspects in detail.
22. That before development starts, details of surface drainage for plots 127-134 shall be submitted to and approved by the Planning Authority, including any modificatioiis as may be required.
Reason: To ensure the gardens of these properties are not flooded by run off from the adjacent embankment.
23. That before the first of the dwellinghouse hereby permitted is occupied, the entrance feature wall adjacent to plots 2 and 153 shall be constructed to the satisfaction of tlie Planning Authority.
Reason: To define the entrance to the site.
24. That before the development hereby permitted starts, full details of the location of the proposed sewage pumping station and associated storage facility shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: To enable the Planning Authority to consider these aspects in detail.
List of Background Papers
Application form and plans, registered on 07/06/0 1 Strathclyde Regional Council Structure Plan Motherwell District Council, Northern Area Local Plan North Lanarkshire Council, Southern Area Local Plan Finalised Draft (Modified June 200 1) Letter from West of Scotland Water, dated 22/06/0 1 Letter from Coal Authority, dated 24/06/0 1 Letter from Scottish Natural Heritage, dated 02/07/0 1 Letter from Railtrack, dated 20/06/0 1 Letter from Mr & Mrs Boyd, 1 Bernadette Crescent, Carfin, received on 0 1 /06/0 1 Letter from Mr G Muircroft, 19 Bernadette Crescent, Carfin, received on 01/06/01 Letter from Mr & Mrs Sanaghan, 17 Bernadette Crescent, Carfin, received on 06/06/0 1
Any person wishing to inspect the above background papers should telephone Motherwell 302 102 and ask for Miss Anderson. APPLICATION NO: S/O1/00665/REM
REPORT
1. APPLICATION AND SITE
1.1 Tlie applicant seeks reserved matters planning permission for the construction of 18 1 dwellinghouses on land to tlie east of Carfin Grotto and Bernadette Crescent. Tlie proposed development would consist of 32 detached, 6 1 semi-detached and 64 terraced dwellings. There will be 24 flatted properties included within tlie site. Tlie mix of units has changed during consideration of the application and will probably do so again as market demands change during the development phase. The plans also show the development being set in a landscaped framework with a 3 metre wide planted strip replacing hedgerows to be lost as a result of the development. Open space provision within tlie site is substandard but this is due to an existing Section 75 Agreement which allows for the upgrading of tlie adjacent existing Council equipped play area. The proposal would effectively extend the built up area of Carfin Village eastwards.
1.2 The application site, which would be accessed via Taylor Avenue, consists mostly of abandoned grazing land and mature hawthorn hedgerows . However, there is an elevated triangle of raised land in tlie immediate vicinity of Taylor Avenue, which is mainly rough grassland. It would seem to have a history of use as a former transport yard. The outer edge of this raised area forms a steep embankineiit leading down to the remainder of tlie site. Although the raised area is almost level, the remainder of the site slopes gently downwards in a south-easterly direction towards Chapelknowe Road.
1.3 The Carfin Grotto, Council-built housing and a children’s play area form the western boundary to the site; to tlie north lies the Glasgow-Edinburgh railway line the boundary to tlie east is largely not defined on tlie ground, although grazed fields are the main use in tlie vicinity; the southern boundary is simply a field boundary with grazing again the main use in the vicinity. It should be noted, however, that tlie BOC plant is located on tlie opposite side of Chapelknowe Road, approximately 150 metres from tlie southern tip of tlie application site.
1.4 It should be noted that the proposed development will secure not only the upgrading of the adjacent equipped Council play area, referred to above, but tlie improvement of Taylor Avenue by tlie construction of a mini-roundabout at the junction of Taylor Avenue and Newarthill Road, the completion of footways on, resurfacing of sections of, and the lighting of Taylor Avenue. This has already been secured via the Section 75 Agreement but the proposed development is required to encourage these improvements to take place.
1.5 It should also be noted that, although contrary to tlie development plan, referral of the proposed development to the Scottish Executive is not necessary as outline planning permission already exists for tlie site.
2. DEVELOPMENT PLAN
2.1 The developmelit plan for the site consists of tlie Strathclyde Regional Couiicil Structure Plan 1995, as modified, and the Motherwell District Council Northern Area Local Plan, 1986. The most relevant up to date, although not adopted local plan, is tlie North - Lanarkshire Council Southern Area Local Plan, Finalised Draft (Modified June 200 1). As the latest statement of Council policy in respect of this site, the latter document is regarded as a relevant material consideration.
2.2 The relevant policies of the Structure Plan are GB1, GBlA, RES1 aiid RESlA. The relevant policies of the adopted local plan are El, E2 aiid E3. Policies GB 1, GB 1A, E 1, E2 and E3 deal with Green Belt issues. Justification for release of this site from the Green Belt was dealt with at the outline application stage aiid approval of tlie outline application was iiot reversed by the Scottish Executive. Hence, tlie removal of this site from the Green Belt has already been accepted and repetition of the justification for the release is uniiece s sary .
2.3 Policy HSG2 of the Southern Area Local Plan, Finalised Draft (Modified June 2001) accords with the above decision and recognises the site as a private housing development opportunity. The proposed development accords with this latest local plan position.
2.4 Accordingly, the proposed development is supported by emerging local plan policy.
3. CONSULTATIONS
3.1 Consultations were carried out with the Coal Authority, West of Scotland Water, Scottish Natural Heritage, Health and Safety Executive and the Director of Cornmunity Services.
3.2 The Coal Authority have issued tlie standard precautionary advice whilst West of Scotlaiid Water indicate that the appropriate water and sewerage connections may be made.
3.3 Scottish Natural Heritage do iiot object in principle but suggest conditions be used to secure existing hedgerows aiid new boundary planting. It is also suggested that surveys be carried out to check for species that receive statutory protection, particularly badgers.
3.4 The Council’s Director of Coininunity Services has similar concerns to Scottish Natural Heritage aiid makes similar recommendations. Concerns are also expressed about overshadowing of some plots, drainage and the adjacent Couiicil play area.
3.5 Railtrack were not consulted but submitted a letter requiring that the boundary fencing with their site be of a certain standard.
4. OBJECTIONS
4.1 Three neighbours have objected to the proposed development. Their objections may be summarised as follows:-
0 Noise levels from additional traffic 0 Safety issues due to open plan nature of objector’s garden 0 Existing congestion on tlie roads adjacent to the site will worsen as a result of the development 0 Value of objector’s property will lower
0 Privacy will be compromised 0 Views over open countryside will be destroyed.
5. COMMENT AND OBSERVATIONS 5.1 Planning permission was granted in outline for residential development of this site in May 200 1. Hence, the principle of residential development of the site has been established. This is given added weight by the most recent local plan (approved by the Coininittee but not yet adopted) which identifies the site as a private housing developinent opportunity. It therefore only remains to be considered whether or not the coininents by consultees and neighbours are sufficient to warrant refusal of the current reserved matters application.
5.2 Consultation responses do not raise significant concerns. It has to be acknowledged that the proposed layout would remove most of the existing hedgerows and bushes within the site. Retention of these would complicate the layout and result in areas of planted open space which would not receive long term inaintenance and could, therefore, be the subject of continuous complaint froin residents. However, replacement planting around the periphery of the new developinent will be secured which will have a two fold purpose; to “~of’ten’~the edge of the development, appropriate to the urban fringe, and to provide the edge of a wildlife corridor. With respect to the issue of overshadowing of some plots I do not consider this will adversely affect the development. Drainage matters can be dealt with via conditions.
5.3 The objectors raise some issues which require to be considered. Those which do not require consideration under planning legislation relate to property values and views. Property valuation has been established in case law as not being a valid material planning consideration. Case law has also established that no one has a right to a view over land which is not within their ownership. Privacy implications of developinent on adjacent sites is a material consideration. In this respect, the Council operates a policy concerning space around dwellings to ensure, for example, that a ininiinuin rear garden depth is achieved. There should be a ininiinuin distance between the rear walls of dwellinghouses, of 20 metres. In this instance, the distance between the proposed new dwellings and those of the objectors exceeds this ininiinuin distance. It should also be noted that the proposed new dwellings are at a lower ground level than the existing dwellinghouses. It is for these reasons that I do not consider there to be privacy iinplications for the existing dwell inghouses.
5.4 Three objections relate to issues associated with traffic impacts of the proposed development. It has to be stated that any new residential developinent will generate traffic noise both during the construction phase and in subsequent occupation. I have no reason to believe that the traffic noise generated by the developinent will be anything other than that associated with a normal residential development. I do not regard this as problematic in a residentially zoned area. Objectors refer to existing congestion, particularly when there are Church services in progress at the adjacent Church of St. Francis Xavier. This is obviously outwith the control of the applicant. The question to be addressed is whether or not the proposed development would significantly worsen the existing situation. I see no reason why additional parking on Taylor Avenue or Bernadette Crescent should occur as a result of the proposed development. The plans indicate an adequate level of visitor parking and space within each plot to accommodate residential parking and, by nature, people park as close to residences as possible. The only element of congestion that could result would be on Taylor Avenue with the increased volume of traffic as a result of the development, but only if there is parking on Taylor Avenue. I have to advise Corninittee that, in consideration of the application, this matter has not yet been raised as an issue by the Transportation Manager. On this basis, whilst I note the objector’s coininents on congestion, I do not consider that a “grid-lock” situation is likely to arise at this locus, particularly during peak traffic flow times and, therefore, do not consider that a serious congestion problem is likely to arise. 5.5 With respect to tlie final objector’s comment in respect of safety, this seeins to relate to the objector’s front garden area being open plan. I am unsure of the safety issue of concern as tlie point lias not been elaborated. However, I cannot see that the proposed developineiit lias any safety iinplicatioiis for the objector’s property.
6. CONCLUSIONS
6.1 I have considered all the relevant issues raised by consultees aiid objectors and assessed these against tlie proposed development and tlie relevant emerging local plan policy for the application site. However, none of the concerns raised outweigh the merits of the proposal in further diversifying housing choice in Carfin, securing upgrading of a Council play area, and providing improvements to Taylor Avenue includiiig footway aiid lighting provision, traffic calming and junction improvements at Newarthill Road. It is therefore recominended that planning permission be granted. Application No. SI0 1/00760/FUL Date registered 25'" June 200 1 APPLICANT DUNCAN OF WISHAW, 186 WISHAW ROAD, WATERLOO, WISHAW ML28ES Agent The Alexander Kerr Practice, 5A Stewarton Street, Wisliaw ML2 SAA DEVELOPMENT ERECTION OF NEW BOUNDARY WALL LOCATION 186 WISHAW ROAD, WATERLOO, WISHAW
Ward No. 15 Grid Reference 281069 653800
File Reference S/PL/B/2/60/AM/AH
Site History 44/90 Erection of caravan showroom aiid leisure shop - granted. I62191 Change of use to caravan storage and display - granted 363193 Relocation of storage portacabiii - refusal
Development Plan Southerii Area Local Plan Finalised Draft (amended June 200 1) RTL9 - Other Coininercial Uses
Contrary to Development Plan No
CONSULTATIONS
Objection No Objection Conditions No Reply
REPRESENTATIONS
Neighbours 1 letter of objection Newspaper Advertisement
COMMENTS This application is for tlie erection of a new boundary wall and relocation of tlie access to tlie site. The proposed developineiit will lead to an overall improvement in terms of amenity aiid a reduction in traffic movements.
RECOMMENDATION Grant, subject to tlie following conditions:-
1. That the developineiit hereby permitted shall be started within five years of the date of this perinissioii
Reason: To accord with the provisioiis of tlie Town aiid Country Planning (Scotland) Act 1997.
2. That no caravan shall be used for residential purposes within the site at any time.
Reason: To enable tlie Planning Authority to retain effective control, in order to restrict the site to coininercial uses only.
3. That a visibility splay of 2.5 metres by 215 metres, measured from the road cliannel, shall be provided on both sides of the vehicular access and before the development hereby permitted is completed, everything exceeding 1.05 metres in height above tlie 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.
4. That before tlie development hereby permitted is completed, the existing vehicular accesses to the application site, marked ORANGE on the approved plans, shall be closed off and the ground, within the area formerly occupied by the accesses, shall, thereafter, be reinstated as a footway with an upstand similar to that wliicli exists on either side of tlie present accesses.
Reason: In the interests of pedestrian safety.
5. That no repair of caravans or other equipment shall take place between the existing buildings and the footway of the road fronting the site.
Reason: In the interests of visual amenity
6. That the gates enclosing tlie proposed new access shall be located a ininimuin of 7 metres from the heel of the footway.
Reason: To allow a vehicle to stop clear of tlie pedestrian footway when the proposed gates require to be opened or closed.
7. That before the development hereby permitted is completed, the new vehicular access shall be constructed as a drop kerb footway crossing arrangement.
Reason: In the interests of pedestrian safety.
List of Background Papers
Application form and plans dated 20 June 2001 Southern Area Local Plan Finalised Draft (amended June 200 1) RTL9 - Other commercial uses Letter of objection dated 4 July 2001 from Mrs H Blyth, 182 Wisliaw Road, Waterloo
Any person wishing to inspect the above background papers should telephone Motherwell 302093 and ask for Alistair Maclean. APPLICATION NO. S/O 1/00760/FUL
REPORT
1. PROPOSAL AND SITE
1.1 The proposal is to construct a new boundary wall incorporating brickwork, railings and gates. It is also proposed to install flagpoles on the wall which is tlie subject of a separate application for advertisement consent. The petrol filling station use on the site has recently ceased which will permit the dual entrance/exit arrangement to be replaced by a new access at a central location on the frontage of the site.
1.2 The premises have variously been used for car and caravan sales and repairs but now concentrates on caravanning and similar uses. There is also a leisure section within the existing site which deals with tents and ancillary equipment for camping and caravanning.
1.3 The site lies to the east of Waterloo Cross on the A72 1 road from Wisliaw to Carluke. To the north, east and west of the site are residential properties while tlie area to the south is agricultural.
2. REPRESENTATIONS
2.1 One letter of objection was received from a neighbour. The issues raised can be fairly suminarised as follows:
0 sightlines will be impaired from driveway by pillars; 0 inadequate space to accommodate delivery vehicles; 0 flags inappropriate for surrounding residential area; 0 existing wall in poor state of repair; 0 existing calor gas compound at rear impairs outlook from property, anxious to prevent similar situation at front.
3. OBSERVATIONS
3.1 My views on the points raised in the letter of objection are as follows:
0 the pillars will not impinge on sightline requirements; 0 conditions are suggested to keep an area free for delivery purposes; the building has an existing commercial use and flags are not uncommon for that type of use; 0 there is evidence of loose, spalling brickwork but this is a matter between the applicant and objector and cannot be dealt with as part of this application; conditions are suggested to retain this area for sales and display purposes only.
3.2 The proposed development is relatively minor. It will tidy the frontage of the site and will present a inore definable boundary. As a result of the cessation of petrol sales, there will be less traffic movement which will be concentrated at one access point central to the site.
4. RECOMMENDATION
4.1 The proposed development is relatively minor in scale. It will reduce, by one, the number of accesses onto the busy A721 Wishaw Road which is subject to a 30 inph restriction at this point. The proposal will result in visual improvements and hence I recommend that permission be granted subject to conditions.