Planning Applications Index

ABENDA ITEM No ...... 2

North Lanarkshire Council

Planning Applications for consideration of Planning and Transportation Committee

Committee Date : 26fhJanuary 201 1

Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved

1 APPLICATIONS FOR PLANNING AND TRANSPORTATION COMMITTEE

26th January 201 1

Page Application Applicant DevelopmentEite Recommendation No NO

4 09/00859/P PP North Lanarkshire Gowkthrapple Grant Council Regeneration Masterplan for Housing Open Space and Community Facilities Gowkthrapple Wishaw

15 10/00936/FUL Mr & Mrs Martin Erection of Rear Single Grant Ritchie Storey Extension and Request for Hearing Detached Double Garage 367 Airbles Road Motherwell

22 10/00973/FUL Future Spectrum Ltd Erection of 3 125m Wind Grant Turbines & Ancillary Request for Site Visit Infrastructure Including and Hearing Foundations External Transformers Control Kiosks, New Access Tracks Temporary Construction Compound and Underground Cabling Torrance Farm Blairmuckhill Road Harthill

43 10/01065/FUL North Lanarkshire Installation of a New Play Grant Council Area and the Installation of Associated Fencing and Pathways Belhaven Park Glenpark Street Wishawhill Wishaw

2 49 10/01075/FUL Vodafone UK Proposed 11.8 Metre Grant Limited High Telecommunications Streetworks Monopole Accommodating 6 No Antennas and Ground Based Equipment Cabinet Site At 19 Lawmuir Road Orbiston Bellshill

56 10/01129/FUL Pizza Fonte Ltd Change of Use from Grant Domestic Electrical Equipment Repair and Storage Facility to lnternet Based Pizza Delivery Business. 4 Netherton Road Netherton Wishaw

62 10/01151/FUL Wam Developments Proposed 20 No. New Grant (P) Build Domestic Dwellings Land To The North Of 39 Hillside Place Greengairs

69 10/01235/AMD Stewart Milne Erection of 41 No. Grant Homes Dwelling Units and Ancillary Works Stewart Milne Group (Former S L Homes) Site Coatbridge Road Coatbridge

77 10/01325/FUL Mrs Alison Oganalp Change of Use from Grant Office (Class 4) to Hairdressing Salon (Class 1) (Retrospective) 24 Station Road Muirhead Glasgow

83 10/01353/FUL Pauls Quality Change of Use of Grant Butchers Vehicle Storage Depot to Meat Processing and Packing Unit 16A Garrell Road Kilsyth Glasgow

(P) 10/011WFUL If the decision is to grant then legal agreement required for financial contribution for off site play provision.

3 Application No: Proposed Development:

09/00859/PP P Gowkthrapple Regeneration Masterplan for Housing, Open Space and Community Facilities Site Address:

Gowkthrapple Wishaw

Date Registered:

31 st July 2009

Applicant: Agent: North Lanarkshire Council lronside Farrar 2 Tryst Road Julian Farrar Fleming House 11 McDonald Road Cum bernauld Edinburgh

Application Level: Contrary to Development Plan: Major No

Ward: Representations: 020 Wishaw No letters of representation received. Clare Adamson, Samuel Love, Frank McKay, John Pentland,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed development meets the criteria set out in the relevant policies of the Southern Area Local Plan and the Finalised Draft North Lanarkshire Local Plan in that the proposal can be accommodated without detriment to the surrounding areas.

4 PIA NNlNG APPLl CAT1 O N 091008591PPP Produced by brth Lanarkshire Coundl Planning and bwronmem [kpartmnt. Govkthrapple Regeneration Masterplan for klziel Building, Housing, Open Space and Community Facilities MLI 1SX Govkt hra p pl e, W ishaw A &I01898 274274 Site areq= 44.28 ha. Cx 01898 403053 Proposed Conditions:-

1. That before development starts, further planning applications shall be submitted to the Planning Authority in respect of the following 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 any 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; (9) 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 drainage works; (k) the disposal of sewage; (I) details of existing trees, shrubs and hedgerows to be retained; (m) details of existing and proposed site levels; (n) details of the phasing for the implementation of the Green Network in line with the Greenspace and Green Network Study and associated studies.

In addition to the above conditions and for the avoidance of doubt, any future applications require to be in accordance with detailed Gowkthrapple Regeneration Masterplan and any associated documents.

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

2. That within three years of the date of this permission, the first of the applications for the matters specified in condition 1 above, shall be made to the Planning Authority and that application for approval of all reserved matters shall be made within ten years of the date of this permission.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.

3. That any application required in accordance with condition (1) above, unless otherwise agreed in writing with the Planning Authority, shall include a comprehensive site investigation report for the approval of the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175 : 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required.

Reason: To ensure the site is free of contamination.

4. That on completion of any remedial works identified by the site investigation required under the terms of Condition (3) and before any dwellinghouse within the site is occupied, a certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any such remediation works have been carried out in accordance with the submitted details.

Reason: To ensure the site is free of contamination.

5. That any application required in accordance with condition (1) above, unless otherwise agreed in writing with the Planning Authority, shall include full details of the location and design of the surface water drainage scheme to be installed within the application site shall be submitted to and approved in writing by the Planning Authority, and for the avoidance of doubt the scheme requires to comply with the Scottish Environment Protection Agency principles of Sustainable Urban Drainage Systems and with any requirements of Scottish Water. The scheme shall be designed to ensure the post

6 development run off equates to no more than current greenfield rates. Thereafter, before any of the dwellings are occupied, written confirmation, from a chartered qualified engineer, shall be submitted to the Planning Authority, confirming that the drainage system has been installed in accordance with the approved scheme. Any change to the site layout as a result of this scheme will require an amended planning application.

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

6. That before any development commences on the site, the applicant shall provide written confirmation to the Planning Authority that a) all the requirements of Scottish Water have been fully met to demonstrate that the development will not have an impact on their assets, and that suitable infrastructure can be put in place to support the development and b) that the drainage proposals are acceptable to the Scottish Environment Protection Agency.

Reason: To ensure the provision of satisfactory drainage arrangements.

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

Reason: In the interests of nature conservation and visual amenity.

8. That as 6 months has elapsed since the ecological survey was carried out, further survey work shall be undertaken on the site to determine the presence of any statutorily protected species, particularly for bats, and badgers, the said survey shall thereafter be submitted to and approved in writing by the Planning Authority before any development commences on the site. As a result of the study, should any remediation measures be required for the relocation of any protected species, this shall be implemented in accordance with a timetable agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site.

Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Amendment (Scotland) Regulations 2007 and the Protection of Badgers Act 1992.

9. That any application required under the terms of Condition 1 above, shall include a Report detailing any noise and vibration mitigation measures required to mitigate against potential noise and vibration emanating from the adjacent Railway line. Unless otherwise determined by the aforementioned Noise and Vibration Report and agreed in writing by the Planning Authority, the noise and vibration mitigation measures shall include that a 20 metre distance shall be maintained between the railway line and any dwellinghouse and that an acoustic fence shall be erected along the specified railway line boundary where it is shaded BROWN on the approved plans and an acoustic fence shall be required along the boundary shaded BLUE on the approved plans (Drawing Number 7159-526 Rev A). Details of the size and the type of acoustic fence should be submitted and approved as part of the aforementioned report. Thereafter prior to the occupation of any dwelling within any affected area of the site, a certificate signed by a chartered engineer shall be supplied in writing to the Planning Authority confirming that these works have been completed.

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

7 10. That any application required under the terms of Condition 1 above, unless otherwise agreed in writing with the Planning Authority, shall include details of the noise mitigation measures to mitigate against noise emanating from the adjacent industrial premises, which for the avoidance of doubt, shall be a 2 metre high, 7 metre wide acoustic bund where shaded GREEN on the approved plans (Drawing Number 7159-526 Rev A), with a 2 metre high acoustic fence on top. Full details of which shall be submitted to and agreed in writing by the Planning Authority prior to the commencement of development on site. Thereafter prior to the occupation of any dwelling within the site, a certificate signed by a chattered engineer shall be supplied in writing to the Planning Authority confirming that these works have been completed.

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

11. That notwithstanding the generalities of Condition 1(b) and (c) above, any new access at Smith Avenue shall be at the location identified in Drawing Number 71 59-526 Rev A unless otherwise agreed in writing with the Planning Authority.

Reason: To ensure that there is suitable access to the site.

12. That any application required under the terms of condition 1 above, unless otherwise agreed in writing with the Planning Authority, shall include the submission of an Air Quality Assessment to the Planning Authority and the works required in order to mitigate where significant impacts are identified, 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 safeguard the amenity of the area and to ensure that there are no air quality issues as a result of the development.

8 Representation Letters

None.

Consultation Responses:

Memo from Transportation received 24'h August 201 0 Memo from Geotechnical received 8'h September 2009 Memo from Pollution Control dated 30thAugust 201 0 Letter from Scottish Natural Heritage received 3rdSeptember 2009 Letter from Scottish Environment Protection Agency received 1Oth November 2009 Letter from Scottish Water received 20thAugust 2009 Letter from Scottish Gas Network received 25'h August 2009 Letter from Sport Scotland received 21" September 2009 Letter from Strathclyde Passenger Transport 5'h October 2009

Contact Information:

Any person wishing to inspect these documents should contact Mr Jim Lennon at 01698 2741 06

Report Date:

12'hJanuary 201 1

9 APPLICATION NO. 09/00859/OUT

REPORT

1. Site Description

1.1 The application site measures 41.3 hectares and is located on the southern edge of Wishaw within the Gowthrapple housing estate. The site is bounded by Castlehill Road to the south, the electricity sub-station to the west, the railway line to the north and the settlement of Overtown to the east.

2. Proposed Development

2.1 Planning Permission in Principle is sought for the Gowkthrapple Regeneration Masterplan for housing, open space and community facilities. The plan prepared by the partners in 2006 was developed to offer the opportunity for all the varied stakeholders to plan the future of Gowkthrapple and develop a sustainable new vision for the future. The vision focused on building on the estates strengths, securing demolition of unsuitable housing, and promoting the development of new variable need housing alongside new community facilities.

2.2 The regeneration of Gowkthrapple envisages the re-development over the next 10 years or so of between 400-600 new houses that will replace unsuitable housing stock and the creation of four new neighbourhood areas on derelict land and infill land adjacent to the proposed and existing housing. The masterplan retains employment uses at Garrion Business Park, promotes an up-grading of the immediate environment and demolition of the derelict buildings together with improved access and public transportation links within the site. It is considered that the regeneration of Gowkthrapple will take place over various phases. It is also expected that via the use of conditions each development will deliver greenspace provision within that particular phase and that all greenspace proposals should comply with the Greenspace and Green Network Study.

3. Applicant’s Sumortina Information

3.1 The applicant has provided supporting information pertaining to the application which includes:

Consultation Report Flood Risk Statement and Sustainable Drainage Strategy Gowkthrapple Greenspace Report Planning Statement Transport, Road and Access Statement Allotment Feasibility Report Draft Detailed Masterplan and Design Brief Geotechnical and Geoenvironmental Preliminary Desk Study Report

4. Site History

4.1 Planning permission was granted for the Construction of a New Community Centre with Offices, Activity Spaces, Cafe, On-Street Shop and Public Parking at land on Smith Avenue, Gowkthrapple (Reference No. S/08/01640/FUL). The facility is within the application boundary and is currently under construction.

4.2 Outline planning permission has been considered and approved at Planning and Transportation Committee subject to the conclusion of a Section 75 Agreement for a residential development at land to the north of Smith Avenue (reference no. S/07/01723/OUT). This Agreement has not been concluded as yet.

10 4.3 Planning permission has been considered and approved at Planning and Transportation Committee subject to the conclusion of a Section 75 Agreement for a residential development comprising 130 dwellinghouses (reference no. S/09/00758/FUL). This Agreement is still under consideration.

4.4 Planning permission has been approved and is being implemented for a new roundabout at Castlehill Road/Allershaw Road (Reference No. 09/00864/FUL).

4.5 In August 2005 North Lanarkshire Council, Communities Scotland and Scottish Enterprise Lanarkshire commissioned the Gowkthrapple Strategic Masterplan to establish a remediation and regeneration strategy for the area. The strategy outlined four scenarios for the regeneration of Gowkthrapple, each involving a different amount of housing regeneration/demolition.

4.6 The recommended scenario is based on building new housing neighbourhoods containing an integrated range of housing types and tenure offering the critical mass required to sustain local services and community facilities. The main elements include-

1) Managed demolition of the Castlehill area and development through a joint venture with Garrion People’s Housing Co-operative and the private sector with a new design masterplan for the Castlehill frontage. 2) Development of substantial parts of the Garrion Business Park for private sector housing but with significant planning gain contributions to the wider estate in the form of a ‘Green Network’ and infrastructure improvements. 3) New private sector and housing association low rise family housing in Gowkthrapple. 4) Renewal of site infrastructure based on a single main access and secondary access to allow for greater site integration and improved pedestrian routes. This would include a re-alignment of the road and path network to replace closed cul- de-sacs. 5) Re-investment in community infrastructure, new retail provision and the public realm.

The preferred strategy was formally approved by North Lanarkshire Council’s Economic Regeneration Committee in February 2007.

5. Development Plan

5.1 The site is zoned as primarily zoned HSG7 (Established Housing Area) in the Southern Area Local Plan 2008. The site is also affected by other land use allocations namely, HSG2 (Private Housing Development Opportunities, LS(Protected Open Space and IND8 (Established Industrial and Business Areas).

6. Consultations

6.1 The following consultees have no objections to the proposed development:

SEPA Scottish Water Scottish Gas Networks Geotechnical

6.2 A summary of comments from the remaining consultees are as follows:

i) Transportation have no objection to the proposal subject to a condition that the proposed access(roundabout at junction of Castlehill Road/Allershaw

11 Road) and the amended distributor road (Allershaw Road Part) is completed before works start on the site. ii) SNH have no objections to the proposed development subject to the submission of updated protected species surveys with the detailed applications and the submission of both a design statement and landscaping plan. iii) SportScotland have offered no objections to the proposed development but have requested that they be consulted when more details are available concerning the Community Hub and Community Park. iv) SPT offered no objections to the proposed development and have requested to be included in the development of the detailed planning proposals. v) Pollution Control have no objections to the proposal subject to conditions to secure adequate noise mitigation measures being in place due to the proximity of adjacent industrial premises and a nearby railway line. An Air Quality Impact Assessment is also required due to the perceived increase in level of traffic in the area. Conditions are proposed to alleviate their concerns.

7. Rewesentat ions

7.1 Following the standard neighbour notification and newspaper advertisement, no letters of representation have been received with regard to the proposed development.

8. Plannina Assessment

8.2 It should be noted that the application raises no strategic issues. The application must therefore be assessed against the relevant development plan policies. The application site is split between multiple zonings and is identified as HSG 7 (Established Housing Areas), HSG 2 (Private Housing Development), L3 (Protected Open Space) and IND 8 (Established Industrial and Business Areas) in the Southern Area local Plan 2008, other relevant policies are HSG9 (Assessing Applications for Housing Development), IND 10 (Assessing Other Developments on Industrial and Business Land), TR13 (Assessing the Transport Implications of Development), ENV 3 (Vacant and Derelict Land), ENV 4 (Contaminated Land), HSG 1 (Housing Strategy), HSG 3 (Brownfield Housing Development), HSG 4 (Community Regeneration and Improved Housing Conditions) and HSG 5 (Housing for Rent, Shared Ownership and Special Needs).

AdoDted Local Plan:

8.3 Policy HSG 7 seeks to protect the established character of existing and new housing areas by opposing development which is incompatible with a residential setting or adversely affects the amenity of Established Housing Areas. It is considered that the proposal to redevelop this for a mix of housing, industry and community facilities meets the terms of this policy.

8.4 Policy HSG 2 outlines that the Council will actively support and, where appropriate, promote the release of sites identified in Schedule HSG 2 and shown on the Proposals Map for private sector housing development, as well as other suitable infill or redevelopment sites within existing built up area. The proposed private sector housing development would support the policy’s intention.

12 8.5 Policy L3 seeks to protect from development formal and informal public and private open space by resisting proposals which would adversely affect such spaces. The development of the site for residential purposes is not considered contrary to policy L3 as the Masterplan allows for retention and creation of greenspace as a means to connect the various elements of the development and the wider community. The overall development will therefore be serviced by adequate open space thus according with this policy.

8.6 Policy IND8 seeks to retain the existing character of Established Industrial and Business Areas by safeguarding existing uses and supporting the development of General Industrial, Distribution, Storage or Class 4 Business Uses where appropriate. The proposed development seeks to rationalise the industrial land at this location by removing some derelict industrial buildings that have been vacant for a considerable period of time. Planning consent has been approved, in principle, for the redevelopment of the vacant industrial building and adjacent land for residential purposes as detailed at paragraph 4.2 above. The remainder of the industrial area is to be retained. The reduction in industrial floorspace means that the proposed development constitutes a departure from this policy, however it is considered acceptable in this instance given the wider proposals for the site.

8.7 Policy HSG 9 (Assessing Applications for Housing Development) sets out the criteria against which new housing proposals will be assessed including: impact of the development on the existing built and natural environment, environmental condition of the site and flood risk, density, layout and mix of housing, detailed design elements, provisions made for landscaping and open space and play areas, and provision made for roads, access, parking provision. In assessing this particular application in terms of Policy HSG 9, it is considered that the proposal would improve the built and natural environment as it includes the significant upgrading of the current dilapidated site and un-used informal open space, which is in poor condition. The height, design and layout of the proposed dwellings will be fully considered as part of any detailed planning applications and will be designed to be in keeping with the surrounding residential properties. The proposed development will accommodate open space that satisfactorily meets current open space standards as detailed in the Council’s “Developers Guide to Open Space” and will also include on site play provision. The transportation issues are considered in paragraph 8.7 below. In summary it is considered that the proposal meets the criteria contained in Policy HSG 9, subject to the imposition of suitable conditions.

8.8 Policy TR13 requires assessment of the proposal against various criteria including: the level of traffic generated and its impact on the road network and provisions made for access, parking and vehicle manoeuvring. Transportation have offered no objections to the proposed development subject to a condition that the new roundabout at Castlehill Road/Allershaw Road is completed before any works start on the site. The design and layout of the proposed road network, access and parking areas will be considered as part of the detailed planning applications for the site. The proposed development is therefore considered to accord with policy TR13.

8.9 Policy ENV 3 states that the Council will promote the re-use of vacant and derelict land particularly within urban areas by: facilitating a programme of land reclamation where appropriate, in partnership with other agencies and private landowners; identifying appropriate after-uses for vacant and derelict sites and encouraging developers to utilise, where appropriate, the development opportunities arising on vacant and derelict sites. The proposed development will result in the re-use of vacant and derelict land and is considered to accord with policy ENV 3.

13 8.10 Policy ENV 4 states that the Council will seek to require developers to investigate the site conditions of land which is known or suspected to be contaminated prior to development being implemented. Such investigations should identify the nature of the contamination and detail the remedial measures to be undertaken to treat or remove the contamination in accordance with the best practicable environmental option appropriate to the proposed development and the nature of the site. In some circumstances this investigation will be required prior to the granting of an outline or detailed planning permission. A site investigation has been conducted on the site and a report has been submitted outlining the works required. The proposed development will result in the re-use of vacant and derelict land and is therefore considered to accord with policy ENV 4.

8.11 Policy HSG 1 indicates that the Council will seek to direct new residential developments to brownfield sites within built up areas in preference to the release of land in greenfield locations and in doing so will aim to encourage the process of urban renewal and regeneration, satisfy the majority of demand for private housing and widen housing choice. The proposed development is considered to accord with policy HSG 1.

8.12 Policy HSG 3 states that the Council will seek to bring forward and facilitate the development of brownfield sites for housing development. The proposed development is for the re-development of a brownfield site and thus is considered to accord with policy HSG 1.

8.13 Policy HSG 4 supports and encourages a comprehensive approach to the upgrading of residential areas, particularly those identified as Social Inclusion Partnership areas, through new build opportunities for low cost home ownership and social rent, improving local authority and private housing, and carrying out demolition and environmental improvements in areas of poor quality local authority housing. The proposed development will result in the re-generation of Gowkthrapple incorporating such proposals and is therefore considered to accord with policy HSG 4.

8.14 Policy HSG 5 supports the continued involvement of housing associations and housing co-operatives in providing a range of housing opportunities. The proposal is for a mix of properties with varying tenure types which would accord with the policy.

Finalised Draft North Lanarkshire Local Plan

8.15 A material consideration in the assessment of the application is the Finalised Draft North Lanarkshire Local Plan (FDNLLP), however, the zoning and policy position remains unaffected from the adopted plan.

Consultations:

8.16 The consultation responses received offer no objections and all issues raised can be addressed by suitable planning conditions or can be addressed at the detailed planning stage.

9. Conclusions

9.1 The proposed development will result in the regeneration of the Gowkthrapple area and is considered to be acceptable in terms of the relevant policies of the Southern Area Local Plan and the Finalised Draft North Lanarkshire Local Plan. Therefore, taking the provisions of the development plan and all other material considerations into account, it is recommended that permission be granted with conditions outlined above.

14 Application No: Proposed Development:

10/00936/FUL Erection of Rear Single Storey Extension and Detached Double Garage

Site Address:

367 Airbles Road Motherwell MLl 3BA

Date Registered:

11 th October 2010

Applicant: Agent: Mr & Mrs Martin Ritchie Gary Ballantyne 367 Airbles Road 8 Farm Court Motherwell Bothwell ML1 3BA G71 8BU

Application Level : Contrary to Development Plan: Local Application NO

Ward: Representations: 01 6 Motherwell West 1 letter of representation received. Paul Kelly, Michael Ross, Annette Valentine

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed development meets the criteria set out in the residential policies contained within the Southern Area Local Plan 2008 and the Finalised Draft North Lanarkshire Local Plan. The proposed development is acceptable in terms of its impact upon the property and the surrounding residential area

15 PLANNING APPLICATION 10 I00936 I FUL Produced by I I krth harkshire Cnunal Erection of Rear Single Storey Extension and Detached Double Garage

367 Airbles Road, M othetwell, MLI 3BA

Representation tel01698 2742747 * J Cx 01608 403053 Proposed Conditions:-

1. That the development hereby permitted shall be started within three years of the date of this permission.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.

2. That the development hereby permitted shall be carried out strictly in accordance with the approved details submitted as part of the application and no change to those details shall be made without prior written approval of the Planning Authority.

Reason: To clarify the drawings on which this approval of permission is founded.

3. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006).

4. That within 4 weeks of the development hereby permitted being occupied or brought into use a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

5. That, except as may otherwise be agreed in writing by the Planning Authority, the facing materials to be used for the external walls and roof (of the extension and garage) shall match in colour and texture those of the existing adjoining dwelling.

Reason: In the interest of the visual amenity of the area

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

Reason: In the interest of the amenity of the area

17 Backaround Papers:

Representation Letters

Letter from Ladywell Community Council, C/o Stewart Grey, 10 Greenacres View, Motherwell, ML1 3BG received 2ndDecember 2010

Contact Information:

Any person wishing to inspect these documents should contact Ms Suzanne Cusick at 01698 274 102

Report Date:

7'h January 201 1

18 APPLICATION NO. 10/00936/FUL

REPORT

1. Site Description

1.I The application site comprises of a single storey detached dwellinghouse within an established housing area. It is surrounded by other one and two storey detached and semi detached dwellinghouses. The property faces directly onto Airbles Road with a single garage to the rear of the driveway. Airbles Farm Road runs along the southern side garden boundary.

2. Proposed Development

2.1 Permission is sought to erect a single storey rear extension (with a small wrap-around element) and detached double garage. The extension would comprise a study and kitchen area. The proposed double garage would displace the existing single garage currently within the site.

3. Applicant’s Supportina Information

3.1 None

4. Site History

4.1 Application No. 132D7 - Erection of house and garage granted 2gthApril 1977.

5. Development Plan

5.1 The site is zoned as HSG7 (Established Housing Areas) in the Southern Area Local Plan 2008.

5.2 The site is zoned as HCFI A (Residential Amenity) in the Finalised Draft North Lanarkshire Local Plan.

6.1 None required

7. Representations

7.1 Following the neighbour notification process one objection was received from Ladywell Community Council. The following summarises the points of the representation made;

1. The proposed site was previously part of a larger site which was sub divided and the adjacent dwellinghouse was developed in what was previously garden area. Therefore the proposal would result in over development. 2. The Community Council also note that the applicant currently has a further application lodged for a Cafe at Ross Crescent, Motherwell, and due to this requests a hearing to determine this application.

8. Plannina Assessment

8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan

19 unless material considerations indicate otherwise. The proposal raises no strategic issues and as such requires to be assessed against the Local Plan Policies. In this instance the Southern Area Local Plan 2008 is relevant, with the site being zoned as HSG7 (Established Housing Areas). Policy HSGl2 (House Extensions) is also relevant to this proposal.

AdoDted Local Plan:

8.2 Policy HSG7 (Established Housing Areas) seeks to protect the established character of existing housing areas by opposing development which adversely affects established residential amenity. Applications for extensions in such areas are acceptable subject to meeting the requirements of Policy HSG12 (Housing Extensions)

8.3 Policy HSG12 (Housing Extensions) sets out various criteria for assessing such applications, including the design, size, proportion and position of extensions, the effect on the amount of garden ground retained and the impact on the street scene. Also considered is the impact on neighbouring properties in relation to privacy and SunlighVdaylight, as is parking provision and access. The design of the extension and detached double garage adequately ties in with the existing dwellinghouse with regards to scale, building lines, roof pitch and height. The rear extension sits below the existing dwellinghouse measuring approximately 4.7m in height; the proposed garage measures 4.4m in height. Therefore the design is considered acceptable, of a scale not damaging to the character of the wider area and secondary to the existing dwellinghouse. It is noted that both elements of the proposal are well screened, located to the rear of the site and behind established boundary treatment at Airbles Farm Road. A condition is proposed to ensure matching materials.

8.4 Although the form and dimensions of the garden area are dissimilar to the surrounding gardens (corner plot), the garden area would comfortably accommodate both the extension and the detached garage. The proposal would allow approximately 214m2 of usable garden area to be retained with the rear garden measuring 90m2 and 4m in depth at it’s shortest. It is acknowledged that there is a short rear garden although this is offset by ample private side garden ground. Overall, in respect to plot ratios the scale and massing of the proposal is considered to be acceptable.

8.5 Turning to impact on neighbouring properties, one neighbouring property window looks towards the rear garden of the existing site and the rear elevation windows on the proposed extension. However, the existing boundary treatment (2m high timber fence and 3m high shrubbery) acts as an effective screen ensuring no unacceptable privacy implications. In terms of the impact on SunlighVdaylight, the proposal would not have a significant negative effect on neighbouring properties (369 Airbles Road and 2a Airbles Farm Road), owing to the distance between the properties and the scale and orientation of the proposal in relation to principal windows.

8.6 The existing car parking arrangements, access and road safety would be unaffected by the replacement of the proposed detached double garage. Taking all the above into account, it is considered that the application complies with policy HSG12.

North Lanarkshire Local Plan Finalised Draft

8.7 A material consideration is the Finalised North Lanarkshire Local Plan, however the zoning and policy position remains unaltered from the adopted plan.

8.8 In response to the points of representation it is considered that:

20 1. As detailed in paragraph 8.4: the plot can accommodate the propsed development without constituting overdevelopment and an adequate area of useable private garden ground remains. 2. An application for a Cafe at Ross Crescent, Motherwell by the same applicant is currently under consideration, but is not a material consideration in this case.

9. Conclusions

9.1 In conclusion, it is considered that the design and impact of the rear single storey extension and detached double garage are acceptable from a planning viewpoint and that the proposal is in compliance with policies HSG7 (Established Housing Areas) and HSG12 (Housing Extensions) of the Southern Area Local Plan and the Finalised Draft North Lanarkshire Local Plan. Notwithstanding the objections raised by the Community Council, it is recommended that planning permission be granted subject to conditions. It is noted that a request for a hearing has been made.

21 Application No: Proposed Development:

10/00973/FUL Erection of 3 125m Wind Turbines & Ancillary Infrastructure Including Foundations, External Transformers, Control Kiosks, New Access Tracks, Temporary Construction Compound and Underground Cabling

Site Address:

Torrance Farm Blairmuckhill Road Harthill EH48 3AW

Date Registered:

7th September 2010

Applicant: Agent: Future Spectrum Ltd Arcus Renewable Energy Consulting Ltd Mr Steve Ruggi Fiona Campbell 15 Brookfield 507-51 1 Baltic Chambers Highgate West Hill 50 Wellington Street London Glasgow N6 6AS G2 6HJ

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 012 Fortissat 136 letters of representation received. Charles Cefferty, Malcolm McMillan, James Robertson,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed application meets the criteria set out in the relevant policies contained within the Southern Area Local Plan and of the Finalised Draft North Lanarkshire Local Plan. The environmental impact of the proposed development is considered acceptable and the proposed development can be accommodated at this location without significant detriment to the surrounding rural area.

22 PLANNING APPLICATION 10 I00973 (FUL Erection of 3 125m Wind Turbines ti Ancillafy Produced by Infrastructure Including Foundations, Externa I Mr!h Lanarkshire Council Planning and Environment Oepartment, Transformers, Control Kiosks, New Access Tracks, Temporary Construction Compound and Underground Cabling

Torrance Farm, Blairmuckhill Road, Harthill *I 01698 2742741 * Representation 31 Cx 01698 403053 Proposed Conditions:-

1. That the development hereby permitted shall be commenced within 3 years of the date of the permission, which shall subsist for a period of 25 years from the first date of generation of electricity from the development to the grid. Written confirmation of the first date of electricity generation shall be confirmed in writing to the Planning Authority. Within twelve months of the end of the permission, unless a further planning application is submitted and approved, the wind turbine, ancillary equipment and buildings shall be dismantled and removed from the site and the land restored in accordance with a restoration and after-care scheme to be submitted for the approval of the planning authority no later than 2 year prior to the expiry of the 25 years period, referred to above.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006, to allow the planning authority to review the circumstances of the temporary permission in the interests of the amenity of the area in the longer term, beyond the 25 year period covered by the permission.

2. That except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the approved drawings.

Reason: To clarify the drawings on which this approval of permission is founded.

3. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006).

4. That prior to their erection, details of the precise positioning of each turbine shall be submitted to and approved by the planning authority. The turbines shall be positioned no more than 30 metres in any direction from the location of each turbine as shown on the approved plans. The number of turbines shall not exceed 3 and the blade tip height of turbines shall not exceed 125m in height. The final specification of the turbines, including colour and finish, shall be submitted to and approved by the Planning Authority prior to their erection on site.

Reason: To allow limited flexibility in positioning turbines and to ensure that amenity and environmental assets are protected.

5. That PRIOR to any works of any description being commenced on the application site, a comprehensive site investigation report shall be submitted to and approved in writing by the Planning Authority. The investigation must be carried out in accordance with current best practice, such as BS 10175: The Investigation of Potentially Contaminated Sites, or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required as part of the above report.

Reason: To ensure that the site is free of contamination.

6. That prior to the development being brought into use, any remediation works identified by the site investigation report required in terms of Condition 5 above shall be completed and a certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

24 Reason: To ensure the site is free of contamination.

7. That prior to the erection or installation of any ancillary equipment or buildings, the design, colour and finish of the equipment and buildings shall be submitted to and approved in writing by the Planning Authority.

Reason: In the interests of the visual amenity of the area.

8. That prior to their erection on site, the specification of the turbines with regard to noise predictions, shall be submitted to the Planning Authority for assessment and confirmation that the noise criteria in this approval will be met.

Reason: In the interests of the amenity of the area

9.. That noise levels inclusive of any necessary tonal correction at any noise sensitive property existing at the date of this consent excluding Torrance Farm shall not exceed an external free-field level LA90,10min of the greater of 35dB or 5dB above the prevailing background noise level at any 10m height wind speed up to 12m/s during 07:OO-23:OO and the greater of 43dB or 5dB above the agreed prevailing background noise level at any 10m height wind speed up to 12m/s during 23:OO-07:OO. The data provided in the noise assessment presented in the Environmental Statement provides information on measured background noise at various wind speeds and the methodology used within that document should be the basis for assessment of future investigations.

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

10. That construction and decommissioning work, which is audible from the boundary of any noise sensitive receptor, shall only take place between the hours of 08.00-19.00 on Monday to Friday inclusive and 08.00-13.00 on Saturdays, with no working on a Sunday or local or national public holiday. Outwith these said hours, development at the site shall be limited to turbine commissioning, emergency works, dust suppression and the testing of plant and equipment, or construction work that is not audible from any noise sensitive property outwith the site. The receipt of any materials or equipment for the construction of the site, by track, other than turbine blades, nacelles and towers, is not allowed outwith the said hours, unless otherwise agreed by the council having been given a minimum of two working days notice of the occurrence of the proposed event.

Reason: To minimise disturbance and to protect the amenity of nearby residents.

11. Prior to the commencement of any works, a full site waste management plan shall be submitted for the written approval of the Planning Authority, in consultation with SEPA, and all work shall be carried out in accordance with the approved plan.

Reason: To ensure that waste on the site is managed in a sustainable manner.

12. At least two (2) months prior to the commencement of any works, a full site specific environmental management plan (EMP) must be submitted for the written approval of the Planning Authority (in consultation with SEPA) and all work shall be carried out in accordance with the approved plan.

Reason: To control pollution of air, land and water.

13. That no turbines shall be erected on site until the applicant has provided the Ministry of Defence and NATS with the following information:

0 Construction start and end dates; 0 The position of the turbine towers in latitude and longitude; 0 The height of the turbines in metres above ordnance datum and above ground level; and

25 The proposed methodology for lighting turbines if required.

Reason: To enable military aircrew to avoid overflight of the site.

14. That prior to commencement of development a Construction Method Statement shall be submitted to and approved by the Planning Authority. Such Construction Method Statement shall cover:

e Detailed and scaled map to include the anticipated layout and width of temporary and permanent tracks, cable routeing, turbine bases, crane standings, site storage compound, substation, on site switch gear and equipment store and any ancillary buildings. Details of any change to the layout shall be submitted to and approved by the Planning Authority; e Details of all on-site construction, including drainage (incorporate SUDS where appropriate), pollution prevention, mitigation, post-construction restoration, and reinstatement work, as well as the timetables for such work. e Details of construction practices in terms of minimisation of the use of raw materials and the reuse or recycling of waste materials; e Details of surface water drainage measures to comply with national guidance on pollution prevention, including surface water run off from internal access roads; Details of welfare facilities Details of concrete and vehicle washdown areas; A dust management plan during the construction period: Details of the arrangement for the on-site storage of fuel oil; Details of the working and re-instatement of borrow pits;

The development shall be implemented in accordance with the approved Construction Method Statement.

Reason: In the interests of the amenity of the area, to ensure that necessary contingencies are in place, to minimise pollution risks arising from construction activities, and to ensure the site is satisfactorily restored.

15. That no symbols, signs or logos or other lettering, other than those required for health and safety and for traffic management, shall be displayed on any part of the turbines nor any other building or structures without the written consent of the Planning Authority.

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

16. That all turbine blades shall rotate in the same direction.

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

17. That as 6 months or more has elapsed between the timing of the initial ecological survey dated June 2010 hereby approved, before development commences, a further survey shall be undertaken on the site to determine the presence of any statutorily protected species, particularly for bats, and badgers, the said survey shall thereafter be submitted to and approved in writing by the Planning Authority before any development commences on the site. As a result of the study, should any remediation measures be required for the relocation of any protected species, this shall be implemented in accordance with a timetable agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site.

Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Amendment (Scotland) Regulations 2007 and the Protection of Badgers Act 1992.

18. That prior to the commencement of development a Primary Radar Mitigation Scheme shall be submitted to and approved in writing by the Council in consultation with NATS.

26 Reason: In the interests of aviation safety.

19. That no turbine shall be erected until the approved Primary Radar Mitigation Scheme approved as part of condition 18 above has been implemented and the development shall thereafter be operated fully in accordance with such approved scheme.

Reason: In the interests of aviation safety.

20. That before any works commence on site, details of measures to overcome potential shadow flicker problems at the identified receptors shall be submitted to, and approved in writing, by the Planning Authority; thereafter the approved measures shall be brought into operation and shall continue throughout the operation of the wind turbine except as may be agreed in writing by the Planning Authority.

Reason: In order to overcome potential nuisance to receptors through shadow flicker.

21. That before any turbine is erected on site, a survey of television signal reception (the scope of which to be agreed in advance with the Planning Authority) shall be submitted to the Planning Authority.

Reason: To establish a baseline against which to assess the impact of the wind turbine on television reception.

22. That except as may otherwise be agreed in writing by the Planning Authority, within one month of the approved wind turbines coming into operation a report covering the effect of the wind turbines on local television signal reception shall be submitted to the Planning Authority; thereafter any approved measures for overcoming television reception interference shall be brought into operation within two months of the reports submission to the Planning Authority unless otherwise agreed in writing with the Planning Authority. For the avoidance of doubt the report shall include measures to ensure public engagement.

Reason: In order to overcome any television reception interference caused by the wind turbine.

23. That prior to the commencement of development on site details including:

1. A scheme of junction improvements for the 8718 North Rigg Road and the site access. 2. Details of the finalised transportation route for the turbines. 3. Details of the temporary road widening works on the proposed transportation routes and their removal.

shall be submitted to and approved in writing by the Council in consultation with West Lothian Council.

Reason: In the interests of road safety.

24. That the scheme of junction improvements and road widening works approved under the terms of condition 23 above, shall be completed prior to the transportation of turbines to the site.

Reason: To ensure satisfactory access and in the interests of road safety.

25. That prior to the commencement of development a joint road condition survey shall be carried out between the applicant, North Lanarkshire Council and West Lothian Council. Following completion of works and before the turbines become operational, a second road condition survey shall be carried out with any identified failures of the carriageway agreed and carried out by the applicant.

27 Reason: In the interests of road safety.

26. That within 4 weeks of the development hereby permitted being brought into use a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006) and to monitor the development and to enable the Planning Authority to retain effective control.

28 Backaround Papers:

Representation Letters

Letter from Mr Gordon Beurskens, 25 Rashirigg Place, Longridge, EH47 8AT received 21" September 2010. Letter from Ross Marnie, 3/1, 120 Dixon Avenue, Glasgow, G42 8EL received 21'' September 2010. Letter from Mr Ronald R Coleman, 6/6 Piershill Terrace, Edinburgh, EH8 7ES received 25'h September 201 0. Letter from Mr Andrew Gilmour, 1 Arran Drive, Glenmavis, Airdrie received 5'h October 2010. Letter from G & L Russell, 66 Henthin Road, Westcraigs, Nr Blackridge received 6'h October 2010. Letter from S & M Scott, 60 Harthill Road, West Craigs, Blackridge received 6'h October 201 0. Letter from Cochrane, 19 Howieson Avenue, Bo'ness, EH51 9TG received 22ndSeptember 201 0. Letter from William Duncan, 62 Harthill Road, Westcraigs, Blackridge received 7'h October 2010. Letter from Mr & Mrs J Gallacher, 64 Harthill Road, Blackridge, West Lothian received 7'h October 2010. Letter from Miss Bianca Faktor, 1/1 Horne Terrace, Edinburgh, EH1 1 1JW received gth October 2010. Letter from Dale & Debbie Bradley, 53 Harthill Road, Blackridge, West Lothian received 7'h October 2010. Letter from Mr David Angel, 40 Ravenscroft Street, Edinburgh, EH17 8QL received 5th October 2010. Letter from Mr Boyd, 59 Harthill Road, Westcraigs, Blackridge received 5'h and 13'h October 201 0. Letter from John Burns, 70 Harthill Road, Blackridge, EH48 3AL received 1 IthOctober 2010. Letter from Mrs Brenda Boardman, received 1st November 201 0. Letter from Mr Chris Blackshaw, received 11th October 2010. Letter from Mr. Dennis Walker, 5 North Deanpark Avenue, Bothwell, Glasgow received 6'h October 2010. Letter from Ms Liz Murray, 6A Craiglockhart Loan, Edinburgh, EH14 IHU received 7'h October 201 0. Letter from Sue Currie, received 8thNovember 201 0. Letter from Ann Steele received 8'h November 201 0. Letter from Zoe Williams, received gthNovember 201 0. Letter from Harvey Tordoff, received 1Oth November 201 0. Letter from Mr Chris Wilson, The Paddock, Sandfield Lane, Sedgeberrow, Evesham received 1Oth November 2010. Letter from David Alexander Graves, received 16'h November 201 0. Letter from Andrew Pugh, received 13'h November 2010. Letter from Dr Malcolm Davison, 19 Aidans Brae, Clarkston, Glasgow received 16'h September 2010. Letter from Mr Graham Strachan, Taigh An Uillt, Dunmore, Beauly received 28'h October 201 0. Letter from Mr Alasdair MacPhersonthreceived28'h October 201 0. Letter from Mary & Tim, received 29 October 2010. Letter from Mr C McKay, received 2gthOctober 201 0. Letter from Mr John Corall, received 2gthOctober 2010. Letter from Mr Adrian Scott, received 2gthOctober 201 0. Letter from Ms Jane Cumming, 37 Quality Street, Davidsons Mains, Edinburgh received 31" October 201 0. Letter from Mr Eric White, received I" November 2010. Letter from Mr Geoff Lee, 69 Athenaeum Road, London, N20 9AL received Is' November 2010. Letter from Mrs S McCourt, 32 Morley Street, Glasgow, G42 9JB received 1 lthSeptember 2010. Letter from Mr Nick Marshall, 64 The Causeway, Edinburgh, EH15 3PZ received 2gthOctober

29 2010. nd Letter from Mr Andrew Pedley, 36 Ferrymead Gardens, Greenford, Middx., received 2

November 2010. st Letterfrom Dr S A Lunn, 54 Rosamund Road, Wolvercote, Oxford received 1 November 2010. nd Letter from Michael Taylor, received 2 Novembernd 2010. Letter from Mr Andrew Bater, received 2 Nst ovember 2010. Letter from Ms Sarah Galloway, receivedrd 1 November 2010. Letter from Teresa Quinn, received 3 ndN ovember 2010. Letter from Mr John Hesp, received 2 Novnemberd 2010. Letter from Mr Rodney Tillotson, received 2 November 2010. nd Letter from Ms Imogen Rigden, received 2 November 201 o. nd Letterf rom Mr & Mrs Mary & John Booth, ndre ceived 2 November 2010. Letter from Mr Andrew Moore, received 2 Novend mber 2010. Letter from Ms Doda Sobieniewska, receivednd 2 November 2010 . Letter from Mr Rodger Pickering, received n2d November 2010. Letter from Ms Felicity Tanous, received 2 November 2010. th Letter from M Docherty, 50 Liberty Road, Bellshill, ML4 2EX received 26 October 201 o. st Letter from Mr Bruce Halliburton, 6 Philcote Street, Deddington, Banbury received 1 November 2010. st Letter from Mr Derek Elsworth, 23 Parkside, Swarthmoor, ULVERSTON received 1 November 201 0. st Letter from Mr Chris Potter, received 1 stNo vember 2010. Letter from Mr Andi Maratos, received 1 November 2010. st Letter from Ms Lesley-Jane Powell, Drumsallie, Kinlocheil, FortWillia m received 1 November 2010. st Letter from Mrs Wanda Nash, received 1 November 2010. st Letterf rom Mr Peter Osborn, 1 Old Coastguard House, Portsoy, Banffshire received 1 November 2010. rd Letter from Mr Trevor Simpson, received 3 November 201 o. th Letterfrom Mr Brian Lucas, 7 Mayfield Avenue, Birmingham, 829 ?NW received 4 November 2010. st Letterfrom Miss Louise Waters, 31 Queensland Ave, Coventry, CV5 SFE received 1 November 2010. 2nd Letter from Mr Aaron Walters, Flat 1 Cornwall Works, 3 Green Lane, Sheffield received November 2010. st Letter from Mr Mike Croker, High Beech, Maudlyn Park, Steyning received 1 November 2010. Letter from Mrs Melanie Wilson, The Paddock, Sandfield Lane, Sedgeberrow, Evesham nd received 2 November 2010. rd Letterf rom Mr Philip Pool, 32 Mount Street, Shrewsbury, SY3 SQH received 3 November 2010. nd Letter from Mr Tony Goodbody, 14 Grove Road, Havant, PO9 1AR received 2 November 2010. rd Letter from Mrs Ann Rahman, 30 Balsdean Rd, Brighton, BN2 6PF received 3 November 2010. rd Letter from Giles Gooding, received 3 Nrdovember 2010. Letter from Mr Alan Johnston, received 3 November 2010. rd Letterfro m Ms Kristen Smith, receivedrd 3 November 2010. Letter from Ms Janet King, received 3 Novemberrd 2010. Letter from Ms Debbie 8inch, receivedrd 3 November 2010. Letter from David Abley, received 3 rdN ovember 2010. Letter from Mr Colin Bell, received 3 Novembernd 2010. Letterfrom Ms Margaret Bradford, received 2 November 2010. rd Letter from Ms Viv Talbot, received 3 November 201 o. rd Letter from Mr Dick Millard, received 3 Nordvember 2010. Letter from Ms Susan Poupard, receivednd 3 November 2010. Letter from Derek Quinn, received 2 November 2010.

30 Letter from Mr Chris Burton, received 2nd November 2010. Letterf rom Mr Manning, received 2nd November 201 0. Letter from Mr Richard Riggs, received 3rd November 201 0. d Letter from Mr Neil Franklin, received 2n November 2010. Letter from Mr Terry Ball, received 2nd November 201 0. Letterfrom Mr Mike Parker, received 2nd November 201 0. Letter from Mr Dave Knight, received 2nd November 2010. Letter from Mark Oliver, received 3rd November 2010. Letter from Mr Daniel Taylor, received 2nd November 2010. Letterf rom Mr John Mounsey, received 2nd November 201 0. Letter from Ms Virgina Shaw, received 3rd November 2010. Letter from Mr Martin Wilson, received 3rd November 2010. Letterf rom Christine Marshall & Bob Cooper, received 2nd November 201 o. Letterfrom Ms Kate Pinder, received 3rd November 2010. Letter from Dr Jutta Urenjak, received 3rd November 2010. Letter from Mr John Smith, received 3rd November 201 O. ct Letter from Mr Joe Norman, received t November 201 o. Letter from Mr Rodger Norton, received 2nd November 2010. Letter from Mr Bannister, received 2nd November 201 0. th Letterf rom Mrs Esther Mitchell, 33 Foudland Crescent, lnsch, Aberdeenshire received 28 October 201 o. st Letter from Mr Hugh Rout, received 1 November 201 0. Letter from Mr Paul Kane, 41 Allendale, East Kilbride, G74 4JD received 22nd September 2010. Letter from Mr & Mrs Nigel & Ruby Green, received 3rd November 201 0. d Letter from Mr Howard Gott, received 2n November 201 O. Letterfrom Ms Sue Turner, received 2nd November 2010. Letter from Mr Denis Davison, received 2nd November 2010. s t Letterf rom Mr David Honour, received 1 November 2010. th Letter from Tim lvorson, received 4 November 2010. th Letter from Mark Johnson, received 4 November 2010. Letterfrom Charle Ullermayer, received 3rd November 201 o. th Letter from Tilley A, received 4 November 201 0. th Letter from G Fincher, received 4 November 201 0. th Letter from Paul Cochrane, received 4 November 2010. st Letterfrom Tilo Schippers, received 1 November 2010. th Letter from David Morris, received 4 November 2010. Letter from Ralph Strather, received 4th November 2010. Letterfr om Bill Shaw, Swarthmoor Hall, Ulverston, Cumbria received 29th November 2010. Letter from Hugh Johnson, received 4th November 2010. Letterf rom Mr Walter Dickson, 51 West Main Street, Harthill, Shottsreceived Letterf rom Dr Guy Johnson, 20 Findhorn Place, Edinburgh, KH9 2JP received 30th September 2010 . th Letter from Dr J S Barton, received 30 September 2010. h Letter from R Jones, received i October 2010. th Letter from M Koetser, received 4 November 201 o. Letter from A L Bradford, received 3rd November 2010. th Letter from Anne Elliot-Day, received 4 November 201 0. th Letter from Simon Glover, received 5 November 201 O. th Letter from Hugh Prentice, Wallow, Bath, BA2 SPY, received 5 November 2010. th Letter from Ed Darby, Loughborouih Ecologists, received 5 November 201 O. Letter from Tony Duffin, received 5 November 201 O. th Letter from I Hodgson, received 5 Noveth mber 201 0. Letter from Simon Walton, received 5 November 2010. th Letter from Andrew Pugh, March Town Mayor, received 13 November 201 o. th Letter from Gerard Stewart, received 15 November 201 o. th Letter from Mrs Patricia MaGuire, received 29 November 201 O. st Letter from Councillor S Borrowman Independent for Armadale and Blackridge, received 1 October 201 O.

31 Consultation Responses:

Transportation (Southern) received 2ndNovember 2010 Environmental Health (including Pollution Control) received 25'h October 2010 Greenspace Conservation And Greening (Ecology) received Eith October and 25'h October 2010. Harthill And Eastfield Community Council received 2ndNovember 201 0 Councillor Malcolm McMillan received 16'h September 2010. West Lothian Council received 25'h October 201 0 National Air Traffic Services (Safeguarding) received 13'h September 2010 and 13'h January 201 1. BAA Aerodrome Safeguarding received 15'h September 2010 Civil Aviation Authority received 20thSeptember 2010 Defence Estate (Safeguarding) received 20thSeptember 201 0 Scottish Natural Heritage received 7'h October and 26'h November 2010 Scottish Water received 1'' October 201 0 Scottish Environment Protection Agency received 22ndSeptember 201 0 Scottish Power Energy Networks received 30thSeptember 2010 Royal Soc. for the Protection of Birds received 11' October 201 0 Historic Scotland received 14'h September 2010 Offcom received 1Oth September 201 0 Atkins Global UHF Scanning 13'h September 201 0 The Joint Radio Company Ltd received 23rdSeptember and 2gthSeptember 2010.

Contact Information:

Any person wishing to inspect these documents should contact Mr Edward McLennaghan at 01 698 2741 13

Report Date:

1Oth January 201 1

32 APPLICATION NO. 10/00973/FUL

REPORT

1. Site Description

1.1 The application site extends to 12.4 hectares (ha) and is located on land owned and farmed by Torrance Farm. The site sits 1.5 Kilometres north of Harthill and is bound on all sides by open undeveloped grassland that is predominately used for farming. The site is entirely within the North Lanarkshire Council boundary; however the boundary with West Lothian Council is adjacent to the northern boundary of the application site.

2. Proposed Development

2.1 Planning permission is sought for the construction of 3 turbines, access tracks, a temporary construction compound and hardstanding area. Each turbine would have a hub height of 80 metres, a rotor diameter of 45 metres and a maximum height to blade tip of 125 metres (412 feet). It is proposed that the development will be connected to the grid via a new low voltage connection with the existing 11KV network using underground cabling. The total generating capacity of the turbines will be up to a maximum of 10 Megawatts (MW).

2.2 The wind farm would be designed with an operational life of 25 years and at the end of this period, the developer would decommission the wind farm at which time the above ground infrastructure would be removed and the site reinstated.

3. Applicant’s Supportinu Information

3.1 An Environmental Appraisal, Supplementary Environmental Information-Ornithology and Supplementary Environmental Information-Landscape and Visual Assessment were submitted. The Environmental Appraisal and Supplementary Environmental Information outline the environmental effects of the proposed development. The submitted Environmental Appraisal and Supplementary Information that accompanies this application include assessments on the following topics: planning policy; landscape and visual assessment; ecology; ornithology; traffic and transportation; hydrology and hydrogeology; cultural heritage; noise; infrastructure; telecommunications, television, aviation and public safety and shadow flicker.

4. Site History

4.1 Application 96/10234/MIN Extraction of Coal by Opencast Methods refused 1Oth June 1997.

4.2 10/00229/PREAPE Formal Request for a Screening Opinion on Proposed Torrance Farm Community Wind Co-operative received 1st April 201 0 and responded to 2”d April 2010.

4.3 Application 10/00535/FUL Erection of a Temporary Meterological Monitoring Mast of Height up to 70m approved 2ndJuly 201 0.

5. Development Plan

5.1 The site is covered by Policy ENV8 (Rural Investment Areas) in the Southern Area Local Plan 2008.

33 6. Consultations

6.1 The following consultees have no objection to the proposed development:-

Off com Atkins Global UHF Scanning Historic Scotland SP Energy Networks Scottish Water RSPB Defence Estates BAA

6.2 A summary of the comments from the remaining consultees are as follows:-

i) Transportation has no objection to the proposed development subject to the submission of further details regarding the proposed transport route of the turbines.

ii) Greenspace Services have no objections subject to the submission of a further breeding bird survey to assess owl species and a further survey to assess bat migration routes over the site. They also wish to see mitigation with respect to Curlew and appropriate grassland management.

iii) NATS previously indicated that the proposed development did conflict with their safeguarding criteria and objected to the proposed development. NATS have however indicated that they now have no objection to the proposed development subject to conditions regarding the submission and approval of a radar mitigation strategy.

iv) SNH has no objection to the proposed development but have indicated that they still have concerns regarding the impact of the development on the Blackridge Heights AGLV. They note that the AGLV is a local landscape designation and that it is for North Lanarkshire Council to consider the impact in consultation with West Lothian Council

v) Protective Services have no objections to the proposed development subject to the submission of a site investigation report.

vi) West Lothian Council (WLC) have objected to the proposed development as they consider that the information submitted is insufficient to determine the cumulative landscape and visual impact of the proposed development. The council is also concerned that this proposal, combined with other proposals, could have an adverse impact on the village of Blackridge and its residents and the countryside surrounding Blackridge in terms of cumulative impact. WLC also consider that further bird survey work should also be submitted in line with the comments from SNH and that the RSPB should be consulted prior to the determination of the application. WLC are concerned that the turbines potentially have an adverse impact on the setting of the Blackridge Heights AGLV, thereby being contrary to the policies ENVIS and 20 in the West Lothian Local Plan that seek to protect the setting of Areas of Great Landscape Value. WLC are also concerned that there could be an amenity impact from the turbines in terms of close proximity to residential properties within West Lothian, leading to a significant overbearing impact and potential noise impact on these neighbours. They note that many properties to the north west of the turbines in Blackridge at Harthill Road are just over 600m away from the nearest turbine. WLC also comment that the site is adjacent to land to the south, east and north to the ‘West Lothian Plateau’ landscape and the site is also immediately south to the ‘Slammannan Plateau’. It is

34 considered that this development will have a significant negative detrimental impact on both landscapes in visual terms as the backdrop of both areas will be viewed to and from these areas with the turbines becoming significant visual receptors to both, affecting the landscape character of the locality. WLC also comment that they would need to agree the junction improvement for 8718 / North Rigg Road and proposed site access. A joint road condition survey would be required prior to construction traffic using North Rigg Road. This should be followed on completion of the works by a second road condition survey with any identified failures of carriageway being agreed and repairs carried out by the applicant.

vii) SEPA has no objections to the proposed development subject to conditions requiring the submission of a site waste management plan and environmental management plan.

viii) Harthill and Eastfield Community Council has no objection and fully supports the proposed development. They comment that feedback from the residents has been mostly positive and having examined the Environmental Assessment they can find nothing of consequence to give rise to any concerns with respect to the proposed development. The community council having investigated similar operating proposals have discovered nothing but positive feedback and would embrace the opportunity to become involved with the co-operative and its potential to inject financial support directly into the immediate area.

7. RePresentations

7.1 Following the standard neighbour notification process and newspaper advertisement, 136 letters of representation have been received, of these 11 are letters of objection, including one from Councillor Borrowman of West Lothian Council and Blackridge Community Council. The reasons for objection are outlined below:-

1. The noise impact that the development will have on the surrounding residential properties. 2. The visual impact that the proposed development will have on the area and surrounding countryside. 3. The disturbance that will occur during construction and maintenance of the site. 4. The transportation impact that the proposed development will have on the surrounding area and especially the local rural roads. 5. The impact of the development on public and aircraft safety. 6. The proximity of the site to surrounding communities and its impact on the amenity of residents in Blackridge and Armadale. 7. The potential cumulative impact of the proposed development in conjunction with other approved and proposed wind farm developments and clustering effect surrounding Blackridge. 8. The proposed development is an inappropriate use of agricultural land. 9. The affect that the proposed development will have on the property values of surrounding dwellings. 10. The potential for the turbines to distract drivers on the motorway. 11. The impact that the development will have on the surrounding landscape character and especially Blackridge Heights AGLV. 12. The impact of the development on protected species at the site. 13. The impact of the development on the ancient ruins of Netherton Old Hall.

Both the objector Mr lan Boyd and Blackridge Community Council have requested that a site visit and hearing be carried out.

125 Letters of support have been submitted including one from Councillor McMillan

35 the reasons for support are summarised below:-

1. The development will help reduce CO2 emissions and reduce Scotland’s dependence on fossil fuels and provide a contribution to the Scottish Governments targets for renewable energy generation. 2. The proposed community ownership of renewable developments is the best and fairest form of renewable development and will provide an opportunity for residents to become actively involved in responding to the problems of climate change. 3. The project will benefit the surrounding communities as it will provide a fund of up to f40,000 per annum for community projects to benefit the communities closest to the development which will be beneficial given the current economic climate. 4. The proposed development will have no significant ecological, noise or visual impact on the surrounding countryside and residential properties. 5. Similar developments of this nature currently operate successfully in other areas of the country with great benefits for the community and with not as much impact as originally feared by objectors.

8. Plannina Assessment

8.2 As the proposed wind farm would have an output capacity of less than 20 megawatts (MW), the proposals are not of strategic significance and do not require to be assessed against the Structure plan. The application still requires to be assessed under the terms of both the adopted Southern Area Local Plan 2008 and the Finalised Draft North Lanarkshire Local Plan.

8.3 The site is identified as Policy ENV8 (Rural Investment Areas) in the Southern Area Local Plan 2008. Policies ENV2 (Renewable Energy), ENV5 (Assessment of Environmental Impact), ENVI 3 (Biodiversity), ENVI 8 (Listed Buildings), ENV21 (Archaeology) and TR13 (Assessing the Transportation Implication of Development) are also relevant to the assessment of this application.

8.4 Policy ENV8 states that the Council will seek to promote and protect the Countryside, within which there will be a presumption against development or change of use other than that directly associated with and required for agriculture and other appropriate rural uses including the generation of power from renewable sources. In this case the proposal relates to renewable energy and the proposals are therefore considered to be in accordance with policy ENVG.

8.5 Policy ENV2 encourages the use and development of renewable energy encouraging schemes, where appropriate, to utilise wind energy subject to assessment in terms of their wider environmental effects and need to accord with policy ENV5. Subject to the assessment against policy ENV5 the proposed 3 turbines accord with policy ENV2.

8.6 Policy ENV5 (Assessment of Environmental Impact) sets criteria for assessing the environmental impact of proposed development. These include; suitability of the proposal to the character of the area in which it is set; the landscape and visual impact of the proposal; the extent of traffic generation, noise, dust, pollution and flooding risk; the loss of natural habitats and protected species; and the need for specific measures to ensure satisfactory decommissioning, particularly of renewable energy developments. Having assessed the proposals and the submitted Environmental Appraisal and supporting documents and in view of the consultation responses detailed above, it is considered that the size, number and appearance of the turbines will not significantly detract from the wider landscape setting. It is

36 acknowledged that the turbines with a hub height of 80m, blade diameter of 90m and a total tip height of 125m is inevitably going to have a some visual impact on both its immediate surroundings and the wider area, however it is considered that the submitted Landscape and Visual Impact Assessment and additional Cumulative Assessment prove that the impact of the proposed development is not sufficient to warrant the refusal of the application. SNH requested that an additional assessment be carried out to include the nearby Burnhead Windfarm proposals as they considered that a key issue in determining the acceptability of the proposal would be its cumulative impact. Having assessed the further information provided, SNH confirmed that the proposed cumulative impact of the development has been adequately considered and accepted that the development can be accommodated within the site but maintained concerns regarding the landscape and visual impact of the proposals on the adjacent Blackridge Heights AGLV. It should be noted however that SNH do not object to the development on landscape or visual impact. The proposed site has been identified for turbine developments of this nature and scale in the NLLP Wind Farm Search Area Review which sought to identify areas within NLC that had the most capacity, in landscape terms, to absorb further turbine development. Having considered the visual information submitted it is considered that the development has demonstrated by the submitted viewpoints that the development will not appear overly prominent and thus can be accommodated at this particular location without significant detriment to the adjacent AGLV. It should be noted that this is not the first instance of a windfarm being located adjacent to an area of great landscape value or indeed an area with high amenity value. In terms of traffic generation, these issues will be addressed in section 8.10 below. Having consulted our Pollution Control Section it is noted that the Environmental Appraisal has satisfactorily considered the noise and dust issues affecting the site. In terms of flood risk and drainage, no issues have been raised by SEPA and in terms of the loss of natural habitats and protected species these issues are addressed in section 8.7 below. The proposals include sufficient details to ensure satisfactory decommissioning and conditions are recommended to ensure the satisfactory decommissioning and restoration of the site. The proposed development is therefore considered acceptable and in accordance with policy ENV5.

8.7 Policy ENV13 seeks to maintain and enhance the nature resources of the plan area by the protection of habitats, species and natural features which are vulnerable and/or specifically protected, and by a requirement to take account of the needs of wildlife where new development is proposed. The RSPB have no objections to the development, SNH have confirmed that the survey work submitted is sufficient and notwithstanding Conservation and Greening’s request for additional survey it is considered that the information submitted by the applicant adequately addresses any issues and the proposals are therefore considered to accord with policy ENVI 3.

8.8 Policy ENV18 indicates that the Council will resist proposals, which would harm the historic or architectural interest of a Listed Building. It is noted that the Environmental Appraisal concludes that the development will have no significant impact on any ancient monument, listed building or historic parWdesigned landscape. Having consulted Historic Scotland they have no objections to the proposed development and it is therefore considered that the application accords with policy ENVI 8.

8.9 Policy ENV21 indicates that the Council will not normally allow development which would have an adverse impact on Scheduled Ancient Monuments, other archaeological sites and industrial archaeological resources and their setting. The Councils archaeological consultants have offered no comments on the proposed application and Historic Scotland raised no concerns therefore the proposed development is considered to accord with policy ENV21.

8.10 Policy TR13 requires assessment of the proposal against various criteria including: the level of traffic generated; the impact of the development on road traffic circulation and road safety; and provisions made for access, parking and vehicle manoeuvring. Transportation has no objection to the proposed development subject to the access

37 arrangements being as per those outlined in the Environmental Appraisal and the submission of further details regarding the proposed transport route of the turbines which can be addressed by recommended conditions. The proposals are therefore considered to be in accordance with policy TR13.

Finalised Draft North Lanarkshire Local Plan

8.11 The application site is zoned as NBE 3B Assessing Development in the Rural Investment Area in the Finalised Draft North Lanarkshire Local Plan 2009. This policy seeks to protect the character of and to promote development in Rural Investment Areas through restricting development to acceptable types. Generation of power from renewable sources is considered an acceptable type of development. The policy then lists impact criteria for assessing acceptable development. The development must comply with the undernoted criteria:

0 Have a positive economic benefit. 0 Minimise any adverse environmental impacts. 0 Do not pose undue infrastructure implications. 0 Have a specific locational need. 0 Be of a suitable scale and form for the location. 0 Applications include a landscape assessment.

As outlined in section 8.6 above, the proposed development is considered to be of a suitable scale and form for the location. The submitted landscape assessment is considered to fully address all the concerns with regard to the impact of the turbines on the landscape character of the site. It is therefore considered that the proposed development is acceptable and accords with policy NBE 3A.

8.12 Policy EDI 3 (Assessing Economic Development and Infrastructure Proposals) is also relevant. This states under EDI 3A2 that ‘the Council supports, in principle, all forms of renewable energy generation subject to wind farms meeting the criteria contained in the approved supplementary planning guidance relating to issues of scale, cumulative impact, community benefit and restoration. Having assessed the submitted Environmental Appraisal and further supporting information it is considered that the proposed development does not raise any serious issues with respect to scale and cumulative impact given the study carried out in the NLC Strategic Planning Study Technical Report TR/NLC/05 - Wind Farm Search Area Review. This review indicates that at this particular location there is capacity for a 3 Turbine development in excess of 100m in height and that the landscape characteristics are such that this is considered one of the most appropriate areas to site such a development. The concerns outlined by SNH regarding the proposed visual impact of the development on Blackridge Heights AGLV are noted however having considered the details of the Environmental Appraisal, the additional Landscape and Visual Assessment document in section 8.6 above it is considered that three turbines at this location can be accommodated without significant detriment to the surrounding landscape areas and would not cause detriment in terms of cumulative impact. It should be noted that the applicant has agreed to provide a financial contribution in the form of community benefit payments which will amount to between f30,000 and f40,000per annum and conditions are recommended to secure the restoration of the site. The proposals therefore accord with policy EDI 3A2.

8.1 3 Scottish Planning Policy outlines that planning authorities should support the development of wind farms in locations where the technology can operate efficiently and environmental and cumulative impacts can be satisfactorily addressed. Development plans should provide a clear indication of the potential for development of wind farms of all scales, and should set out the criteria that will be considered in deciding applications for all wind farm developments including extensions. The criteria will vary depending on the scale of development and its relationship to the characteristics of the surrounding area, but are likely to include:

38 landscape and visual impact, effects on the natural heritage and historic environment, contribution of the development to renewable energy generation targets, effect on the local and national economy and tourism and recreation interests, benefits and disbenefits for communities, aviation and telecommunications, noise and shadow flicker, and cumulative impact.

The design and location of any wind farm development should reflect the scale and character of the landscape. The location of turbines should be considered carefully to ensure that the landscape and visual impact is minimised. As detailed above the site is within an area identified in the development plan as suitable for this type of development and meets the criteria in the supplementary planning guidance. The criteria listed above has been addressed and the impact of the development is considered to be acceptable as detailed below.

8.14 Landscape and Visual Impacts: As indicated in section 8.6 above the proposed development can be accommodated within the site without a significant adverse impact on landscape and visual character of the area.

8.15 Cumulative Visual Impact: As indicated in section 8.6 above the cumulative visual impact of this development in combination with other existing and proposed wind farms is considered acceptable. SNH concluded that it had no concerns regarding the cumulative impact that the development would have on the visual character of the area.

8.16 Shadow Flicker: The passing of turbine blades in front of the sun can cause visual disturbance. The extent of any problem will be dependant on the time of day and year, weather conditions, the relationship of properties to the development and the size and orientation of windows. In particular, this problem only tends to occur within buildings, when the sun is low in the sky and where it appears through a narrow window opening. The EA has assessed the likelihood of this phenomenon becoming a problem (using the worst case scenario). The ES concludes that shadow flicker may affect Torrance Farm, Beechgrove, Edencroft, Craigholm Farm and 61 Harthill Road. Should objections be received subsequent to the turbines being erected, there are measures which the developer can take to minimise the problem, namely additional landscape features including tree planting (clearly a longer term answer) or the use of sensors which will identify and address shadow flicker. Mitigation for shadow flicker can be addressed by the conditions proposed.

8.17 Aviation: Having consulted the MOD, BAA and the CAA they have advised that they have no objections to the proposed development. NATS have indicated that they have no objection to the proposed development subject to conditions being attached regarding the submission and approval of a radar mitigation strategy.

8.18 TV/Radio Reception: The BBC wind farm tool highlights that the construction of the wind turbines could potentially have an impact on Black Hill, Black Hill CH5 and Craigkelly. However in order to resolve any problems that may occur, the developer has agreed to carry out an assessment of TV reception before and after the turbines are constructed and thereafter carryout works designed to remedy any potential problems. This may include providing set top digital boxes, updating the aerial or re- orientating the aerial and, where this is not possible, install satellite or cable services. It is considered that this is an acceptable solution and can be controlled by the proposed conditions. The digital switchover is likely to have taken place before the site becomes operational and it is envisaged that this will address most issues if not all. However, it must also be noted that for those who lose or who have their reception disrupted by any turbine, it will cause significant nuisance whilst the problem is

39 resolved.

8.19 Radio Waves: Most telecomm operators with microwave links within the area were consulted and there were no objections. JRC does not foresee any potential problems based on known interference scenarios and data provided.

8.20 Noise: As indicated in section 8.6 above the proposed development will have no impact in terms of noise disturbance and having consulted Protective Services they have offered no objections to the proposed development.

8.21 Cultural Heritage: As indicated in section 8.6 above the proposed development will have no impact in terms of cultural heritage and having consulted the Councils Archaeological consultants and Historic Scotland, neither has objected to the proposed development.

8.22 Ecology: As indicated in section 8.8 above the EA concludes that due to the location and small scale nature of the proposals, there are no significant predicted impacts on species or habitats of conservation interest. SNH have accepted the findings of the protected species surveys but have recommended that should consent be granted that updated surveys will be required prior to construction of the development.

8.23 Hydrology/Hydrogeology: The EA concludes that, due to the moderate nature of the proposals, there are no significant predicted impacts on local hydrology and hydrogeolog y .

8.24 Transportation: Having consulted Transportation they have offered no objections to the proposed development.

8.25 Grid Connection: The EA states that it is anticipated that the development will be connected to the grid via a new low voltage connection with the existing nearby 11Kv network using underground cabling.

8.26 Decommissioning: As with all wind energy developments, the turbines have an economic shelf life of around 25 years. Whilst the developer would be free at that time to submit a further application for retention of the turbines or a new wind farm development, this current application makes provision for the removal of the turbines and the restoration of the site back to its former condition.

Consultations:

8.27 The consultation response received from West Lothian Council and their objection to the proposed development is noted. However the points raised in section 6.2 vi) above have been considered and addressed in sections 8.6 and 8.1 1 to 8.1 5 above and the conclusions are considered to adequately address the concerns outlined by West Lothian Council. In addition it should also be noted that the nearest turbine to the properties on Harthill Road is 860 metres and not just over 600 metres as stated by West Lothian Council. Furthermore it should be noted that West Lothian Council raised no objections when they were consulted by NLC on the Strategic Planning Study Technical Report TWNLC/05 - Wind Farm Search Area Review and the Supplementary Planning Guidance document which indicates the proposed site as one of the areas most appropriate for turbines exceeding 100m in height. The comments submitted by SNH are noted and have been considered in the assessment of the proposals. The response from NATS offers no objection subject to conditions regarding the submission and approval of a radar mitigation strategy. In general, the remaining consultation responses received offer no objections and all issues raised can be addressed by suitable planning conditions and submission of further details.

Retxesentations:

8.28 In terms of points of objection, I would comment as follows:-

40 1. The concern regarding the noise impact that the development will have on the surrounding residential properties is noted, and has been addressed in section 8.6 and 8.20 above. 2. The concern regarding the visual impact that the proposed development will have on the area and surrounding countryside is noted, and has been addressed in section 8.6 and 8.1 1 to 8.15 above. 3. The concerns regarding disturbance that will occur during construction and maintenance of the site are noted, however construction disturbance is not a material planning consideration. 4. The concern regarding the transportation impact that the proposed development will have on the surrounding area and especially the local rural roads has been addressed in section 8.10 above and having consulted Transportation they have indicated no objections to the proposed development. 5. The impact of the development on public and aircraft safety has been addressed in section 8.17 and having consulted the MOD, BAA and the CAA they have advised that they have no objections to the proposed development. The consultation response from NATS indicates that they have no objection to the proposed development subject to the submission and approval of a radar mitigation strategy which is covered by recommended conditions. 6. The concern regarding the proximity of the site to surrounding communities and its impact on the amenity of residents in Blackridge and Armadale is noted. Having examined the EA it is noted that some effects including Shadow Flicker and TV Reception may affect some properties. It is considered that remediation measures can be addressed through the use of a recommended planning condition. 7. The concern regarding the potential cumulative impact of the proposed development in conjunction with other approved and proposed wind farm developments and clustering effect surrounding Blackridge is noted. The cumulative impact is addressed in section 8.6 and 8.1 1 to 8.15 above. 8. The view that the proposed development is an inappropriate use of agricultural land is noted, as detailed in section 8.4 and 8.1 1 above the site is identified in the development plan as a suitable location for this type of renewable energy development. 9. The effect of a proposed development on property prices is not a material planning consideration. 10. The potential for the turbines to distract drivers on the motorway is noted, however having consulted Transportation they have indicated no objections to the proposed development. 11. The concern regarding the impact that the development will have on the surrounding landscape character and especially Blackridge Heights AGLV is noted. The concerns are addressed in sections 8.6 and 8.12 to 8.15 above and it is concluded that the impact is not significant enough to warrant refusal of the application. 12. The concern regarding the impact of the development on protected species on the site is noted and having consulted SNH and the Council’s Greenspace Services it is considered that all issues with regard to protected species have been satisfactorily addressed. 13. The concern regarding the impact of the development on the ancient ruins of Netherton Old Hall is noted and having consulted Historic Scotland they have offered no objections to the proposed development.

8.29 In terms of points of support, I would comment as follows:-

1. It is agreed that the development will help reduce CO* emissions and reduce Scotland’s dependence on fossil fuels and provide a contribution to the Scottish Governments targets for renewable energy generation in line with current national policy. 2. It is accepted that community ownership of renewable developments will

41 provide an opportunity for residents to become actively involved in responding to the problems of climate change and thus raise awareness of such issues. 3. It is noted that the applicant has agreed that if approved the project will be accompanied by the implementation of a community fund to benefit the surrounding communities providing a fund of up to f40,000 per annum for community projects. This is not, however, a valid planning consideration. 4. As indicated above it is concluded that the proposed development will not have a significant visual, ecological or noise impact on the surrounding countryside and residential properties. Having assessed the submitted EA and consulted the relevant consultees it is considered that the proposed development satisfactorily addresses all these issues. 5. It is accepted that similar developments of this nature currently operate successfully in other areas of the country with not as much impact as originally feared by objectors. This however is not a valid planning consideration as each application is required to be assessed on its own merits.

9. Conclusions

9.1 The proposed development is considered acceptable and accords with the policies contained within the Southern Area Local Plan 2008 and the Finalised Draft North Lanarkshire Local Plan. The environmental information submitted and landscape, visual and cumulative impact of the proposed development is considered acceptable and having consulted various amenity bodies and examined the EA the objections received are not sufficient as to warrant refusal of the application. The proposed development is therefore considered to accord with policy and is recommended for approval subject to conditions.

42 Application No: Proposed Development:

10/01065/FUL Installation of a New Play Area and the Installation of Associated Fencing and Pathways Site Address:

Belhaven Park Glenpark Street Wishawhill Wishaw

Date Registered:

16th November 2010

Applicant: Agent: North Lanarkshire Council N/A Play Services Municipal Buildings Coatbridge ML5 3BT Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 01 8 Motherwell South East And Ravenscraig 1 letter of representation received. Kaye Harmon, Thomas Lunny, Linsey McKay, Alan Valentine,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed development is considered acceptable in terms of the development plan and meets the criteria set out in the relevant policies of the Southern Area Local Plan and the Finalised Draft North Lanarkshire Local Plan. The proposal can be accommodated without detriment to the surrounding area.

43 PLANNING APPLICATION 10 065 I Produced by I01 FUL brth Lanarkshire Council Planning and Environment bpanmm. Installation of a New Play Area and the Installation of Associated Fencing and Pathways

Belhaven Park, Glenpark Street, Wishawhill, Wishaw

A telO1898 274274 Representation Ik hx 01898 403053 44 Proposed Conditions:-

1. That the development hereby permitted shall be started within three years of the date of this permission.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc. (Scotland) Act 2006).

2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the stamped approved drawings.

Reason: To clarify the drawings on which this approval of permission is founded.

3. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.

4. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

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

Reason: To safeguard the mature trees on the southern boundary of the site in the interests of visual amenity.

45 Backaround Papers:

Representation Letters

Letter from Mr Derek Lawson, 96 Glen Road, Wishaw, ML2 7NP received 24'h November 2010.

Consultation Responses:

None

Contact Information:

Any person wishing to inspect these documents should contact Mr Fraser Miller at 01698 2741 19

Report Date:

12th January 201 1

46 APPLICATION NO. 10/01065/FUL

REPORT

1. Site Description

1 .I The application site is a grassed triangular area of ground located within the northern section of Belhaven Park. The site is bound in full by the park, with dwellings adjoining the park on the eastern and western boundaries. A number of mature trees bound the application site.

2. Proposed Development

2.1 Planning permission is sought for the installation of a new play area within Belhaven Park. The area of the site is 0.3 acres and it is proposed to install a variety of play equipment. The type of equipment to be installed will cater for a range of ages and will consist of climbing and balance equipment, swings, roundabouts, chutes, rockers and spring mounted equipment.

3. Applicant’s Supportinu Information

3.1 No additional information has been submitted in support of the application.

4. Site History 4.1 No relevant site history. 5. Development Plan

5.1 The site is identified as Protected Open Space in the Southern Area Local Plan 2008 to which Policy L3 applies.

6. Consultations

6.1 No consultations were required in the assessment of the application.

7. Representations

7.1 One letter of representation has been received following the neighbour notification received. The objection can be summarised as follows:

a. There was no pre-application consultation prior to the submission of the application. b. The location plan submitted does not reflect the site boundaries. C. Justification should be given for the proposed location and clarification should be provided for the future of the existing play area. d. The application should be accompanied by Tree Survey given the proximity to trees protected by a Tree Preservation Order.

8. Plannina Assessment

8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The application raises no strategic issues; it can be assessed in terms of the local plan policy. The site is zoned as Policy L3 (Protected Open Space).

DeveloDment Plan:

47 8.2 Policy L3 (Protected Open Space) seeks to protect from development formal and informal public and private open spaces by resisting proposals which would adversely affect such spaces. The proposed development would complement the use of and expand facilities within the park. Whilst a number of trees bound the site, the play area is located out with the drip zone of the trees and consequently there will be no impact to the trees. It is therefore considered that the proposal is acceptable in relation to policy L3.

Finalised Draft North Lanarkshire Local Plan

8.2 A material consideration is the Finalised Draft North Lanarkshire Local Plan, however, the zoning and policy position raises no new assessment considerations.

8.3 In response to the points of objection received, I would advise that:

a. The nature and scale of the development is such that pre-application consultation with the community was not required. b. The location plan has been amended to reflect the accurate site boundaries and neighbours have been notified accordingly. C. The existing play area is to be removed from the park following the installation of the new equipment. The current location has been chosen on the basis that it was the best location within the park to accommodate the larger play area, whilst utilising the existing foot path network within Belhaven Park. Furthermore, the equipment is to be located further away from the dwellings bounding the park to reduce its impact upon these dwellings. d. A tree survey was not required to accompany the application, however, it is considered appropriate to utilise planning conditions to protect the trees during the installation of the play equipment.

9. Conclusions

9.1 In conclusion, this application has to be assessed against the relevant policies of the Development Plan unless there are material considerations which indicate otherwise. In this instance it is considered that the proposed play area is an established use within Belhaven Park and the new equipment is acceptable in the proposed location. It is therefore recommended that planning permission is granted subject to conditions.

48 Application No: Proposed Development:

10/01075/FUL Proposed 11.8 Metre High Telecommunications Monopole Accommodating 6 No Antennae and Ground Based Equipment Cabinet

Site Address:

Site At 19 Lawmuir Road Orbiston

Date Registered:

22nd September 2010

Applicant: Agent: Vodafone UK Limited Mono Consultants Limited C/O Agent 48 St Vincent Street Glasgow G2 5TS

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 014 Bellshill 4 letters of representation received and a Harry Curran, Richard Lyle, Harry McGuigan, petition with 346 signatures.

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposal has been sited and designed to minimise its visual and environmental impact and will not form an unacceptably prominent feature in the streetscene. Taking into account that there is no potential for sharing existing facilities or for erecting antennae on an existing building or structure the proposed development is considered acceptable in terms of the criteria set out in the relevant policies of the Southern Area Local Plan and the Finalised Draft North Lanarkshire Local Plan.

49 PLANNING APPLICATION 10 / 01 075 I FUL Produced by North Lanarkshire Counal Planning and kwronment kpartment. Proposed 11.8 Metre High Telecommunications Ctrlziel Building, Streetworks Monopole Accommodating 6 No Antennas and Ground Based Equipment Cabinet

Site At 19 Lwmuir Road, Orbiston, Bellshill tel01698 274274 * R ep resen ta tio n 50 fax 01688 403053 Proposed Conditions:-

1. That the development hereby permitted shall be started within three years of the date of this permission.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006.

2. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006.

3. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.

4. That in the event that the telecommunications equipment, supporting structure or the apparatus within the site becomes redundant it must be removed to the satisfaction of the Planning Authority within one month of becoming redundant. If the site ceases to be used for telecommunications transmission, it must be reinstated to the satisfaction of the Planning Authority within six months of cessation.

Reason: To minimise the level of visual intrusion and to ensure the reinstatement of the site to a satisfactory standard.

5. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- 100, 200 and 300

Reason: To clarify the drawings on which this approval of permission is founded.

6. That notwithstanding the terms of Condition 5 the 3 steel bollards and the required equipment must be set back a minimum of 600mm from the edge of the carriageway. Full details shall be submitted to and approved in writing by the Planning Authority prior to commencement of development.

Reason: In the interests of the users of the existing parking bay to the front of the shopping parade.

51 Backaround PaDers:

Representation Letters

Letter from Margaret McLuckie, 154 Crofthead Crescent, Bellshill, ML4 2AQ received 5'h November 2010. Letter from Ron Dufour, Education Officer, Head of Learnin and Leisure Services, Municipal Buildings, Kildonan Street, Coatbridge ML5 3LF received 18R October 2010. Letter from Councillor Richard Lyle, Member Services, Civic Centre, Motherwell, ML1 1TW received Is* September 201 0. Letter from Michael McMahon MSP, The Scottish Parliament, Parliamentary Advice Office, 188 Main Street, Bellshill, ML4 IAE, received 18'h November 2010.

Petition of 346 signatures received 17'h November 2010

Consultation Responses:

Transportation (Southern) received 51'~January 201 1

Contact Information:

Any person wishing to inspect these documents should contact Mr Gary McEwan at 01 698 2741 17

Report Date:

6th January 201 1

52 APPLICATION NO. 10/01075/FUL

REPORT

1. Site Description

1.I The proposed telecommunications mast would be located on the public footway to the front of a single storey shopping parade on Lawmuir Road. Lawmuir Primary School is located in the area north of the application site. To the west lies a shopping parade and two storey terraced dwellings are located further to the south and east. The nearest dwelling would be located approximately 25m from the telecom mast. The school grounds would be approximately 48m and the school building would be approximately 82m from the telecom mast.

2. Proposed Development

2.1 This application seeks planning permission for the installation of an 11.8m high telecommunications mast with associated apparatus. The mast would be shared between Vodaphone and 02.

3. Applicant’s Supportinu Information

3.1 The applicant has supplied a supporting statement that indicates the need for a mast within this area to meet a shortfall in coverage. It is stated that the mast will be of general benefit to business, and domestic users in the area. An ICNIRP compliance certificate was also submitted confirming that the proposed telecommunications installation meets the current public health guidelines.

4. Site History

4.1 No relevant site history.

5. Development Plan

5.1 The site is zoned as HSG7 (Established Housing Areas) in the Southern Area Local Plan 2008.

5.2 The site is zoned as HCFI A (Residential Amenity) in the North Lanarkshire Local Plan Finalised Draft (2009).

6. Consultations

6.1 Transportation have no objection to the proposal, however commented that the three steel bollards and all other equipment should be set back a minimum of 600mm from the edge of the carriageway.

7. Representations

7.1 Following the neighbour notification process 4 letters of representation and a petition containing 346 signatures were received. One letter was from a neighbouring residential property; one was from Learning and Leisure Services, one from Councillor Richard Lyle and one from Michael McMahon MSP. The following summarises the points of representation raised.

I. With seven telecom masts within a half mile radius of the site it is considered that there should be no more telecom masts allowed in the area. II. The proposed telecom mast would impact upon house prices as well as the ability of local residents to sell their houses. Ill. There are concerns over the future health of children at Lawmuir Primary School whose playground is only 30 yards from the proposed site. It is considered that there

53 must be more appropriate sites for a development of this nature, such as open ground, which is not in close proximity to schools and shops. IV As the school community perceive that telecom masts may represent a danger, this may affect parental decisions as to the appropriateness of schools for their children to attend. V The erection of a telecom mast at the proposed site could result in increased vandalism. a. Plannina Assessment

8.1 In accordance with Section 25 of the Town & Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The proposal raises no strategic issues and as such requires to be assessed against Local Plan Policies. In this instance the Southern Area Local Plan 2008 is relevant. The site is zoned as HSG7 (Established Housing Areas), however Policies CS6 (Assessing Applications for Telecommunications Equipment) and TR13 (Assessing the Transport Implications of Development) are also relevant to this proposal.

AdoDted Local Plan

8.2 Policy HSG7 (Established Housing Areas) seeks to protect the established character of existing housing areas by opposing development which adversely affects the amenity of Established Housing Areas. Applications for telecom masts within or in close proximity to residential areas are acceptable subject to meeting the requirements of Policy CS6 (Assessing Applications for Telecommunications Equipment) .

8.3 Policy CS6 (Assessing Applications for Telecommunications Development) indicates that planning permission will normally be granted for telecommunications development where there are no satisfactory alternative sites for telecommunications available, there is no reasonable possibility of sharing existing facilities and in the case of radio masts, there is no reasonable possibility of erecting antennae and dishes on an existing building or other structure. Also whilst recognising technical and operational considerations, any development should be sited and designed to minimise its visual and environmental impact, especially with respect to areas designated for landscaped quality

8.4 The applicant has indicated in the supporting information accompanying the application that a number of other sites were considered and discounted for various reasons including availability of sites, the existence of underground services, physical constraints, inadequate coverage to the target area, or perceived greater impact in respect to residential setting. The current site for the proposed telecom mast was considered the best option in relation to the potential impact on the surrounding area. It has been indicated in the supporting documents that as there are no other telecom masts within the searchhoverage area there is therefore no potential for sharing equipment with another company. It has also been indicated that as the proposed mast would be shared by both Vodaphone and 02 that only one mast would be required instead of the two which would have been required had they not been sharing. The option of erecting the antennae on an existing building or structure was also discounted due to there not being an available building or structure of a sufficient height to meet their requirements. The 11.8m height proposed is the minimum height which would allow the applicants to provide the required 3G technology across the cell area.

8.5 It is considered that the proposal is not unreasonably detrimental to the environment of the local area. The proposal is considered to be of similar visual impact to that of a streetlight or similar street furniture and its proposed colour scheme indicates that it will blend in with its surroundings to an acceptable level. Whilst it is accepted that such structures are not necessarily aesthetically pleasing they are not considered to

54 be overly obtrusive in nature. It is considered that the proposed equipment will not be at odds with its surroundings to such an extent to merit a refusal of the application. Taking into account the height and girth of the structure and the layout of the nearby buildings and open space its siting is considered acceptable. The proposed mast has been located on a footway adjacent to a small parade of shops which helps to ensure that it will not be viewed as an isolated element in the streetscene. Also it is generally surrounded by two storey housing and is not at a prominent location. Taking the above into account it is considered that the proposal complies with Policy CS6.

8.6 Policy TR13 (Assessing the Transport Implications Of Development) states that the Council will take account of criteria including: the impact of the development on road traffic circulationhoad safety and the provision made for access, parking and vehicle manoeuvring. Transportation commented that they have no objections to the proposal however have recommended that the bollards and ground based equipment should be a minimum of 600mm from the edge of the carriageway. A condition is recommended to this effect. The proposed development is considered to comply with Policy TR13.

North Lanarkshire Local Plan

8.7 A material consideration is the Finalised North Lanarkshire Local Plan. The site is zoned as HCF1 A (Residential Amenity) in the North Lanarkshire Local Plan Finalised Draft (2009); however the zoning and policy position remains unaltered from the adopted plan.

Remesentations

8.8 In response to the points of representation I would comment as follows:

I. Scottish Planning Policy indicates that Planning Authorities should not question whether the service to be provided is needed and must determine applications on planning grounds. The operator has identified a need within the area for the service. The location or area of the mast is determined by the need of the operator and not the Planning Authority. II. The impact of a proposal on house prices is not a material planning consideration. Ill. & IV. A certificate of Declaration of Conformity with International Commission on Non-Ionizing Radiation Protection (ICNIRP) Public Exposure Guidelines has been provided by the applicant. In consideration of health and safety issues Scottish Planning Policy advises that the planning system should not be used to seek objectives more properly achieved under other legislation. Radiofrequency radiation is controlled under other legislation and in planning terms is not a material consideration. To ensure that known health effects have been addressed, applications should be accompanied with an ICNIRP Certificate. As the above certificate has been submitted by the applicant it is considered that the impact of the proposed development on nearby residential areas, retail parade and Lawmuir Primary School is acceptable. V. It is not considered that the proposal would result in an increase in vandalism and. In any case issues of anti-social behaviour are not material planning considerations.

9. Conclusions

9.1 It is considered that the proposal will not have an unacceptable impact on the environment at this location. The proposal is considered acceptable in terms of the criteria set out in the relevant policies of the Southern Area Local Plan (2008) and the Finalised Draft North Lanarkshire Local Plan (2009). Notwithstanding the objections raised by the neighbours and for the reasons stated above it is recommended that planning permission be granted subject to conditions.

55 Application No: Proposed Development:

10/01129/FUL Change of Use from Domestic Electrical Equipment Repair and Storage Facility (Class 4) to lnternet Based Pizza Delivery Business (Sui Generis).

Site Address:

4 Netheiton Road Netherton Wishaw

Date Registered:

16th November 201 0

Applicant: Agent: Pizza Fonte Ltd N/A Mr Alan Cardwell 8 Howacre Lanark ML11 7PL Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 020 Wishaw No letter of representation received. Councillors Clare Adamson, Samuel Love, Frank McKay, John Pentland,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed development is considered acceptable given the industriallcommercial nature of the site, the proposed hours of operation of the unit, outwith those of the industrial area and the significant distance from sensitive land uses. The development is held to meet the aims and objectives of the Southern Area Local Plan 2008 and Finalised Draft North Lanarkshire Local Plan without detriment to the amenity of the existing site and surrounding area.

56 I

Produced by PLANNING APPLICATION 10 I01 129 I FUL Irbrlh Lanarkshire Counal Planning and bvimnment Oepartmnt, Change of Use from Domestic Electrical Equipment Repair and Storage Facility to lnternet Based Pizza Delivery Business

4 Netherton Road, Netherton, Wishaw tel01898 27427 c7 Cx 01898 403053 Proposed Conditions:-

1. That the development hereby permitted shall be started within three years of the date of this permission.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006.

2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawings stamped approved as part of this permission.

Reason: To clarify the drawings on which this approval of permission is founded.

3. That noise associated with the air conditioning/ ventilation system or any other plant and any other noise associated with the development shall not give rise to a noise level within any nearby dwelling (assessed with windows open) or other noise sensitive building in excess of the equivalent to Noise Rating Curve NRC 35 between 0700 hours and 2000 hours and Noise Rating Curve NRC 25 at all other times.

Reason: To ensure that the noise associated with the development will be within acceptable limits in the interest of residential amenity.

4. That prior to the commencement of operations on site, the applicant must provide further details of the proposed external extraction flue, including details of the colour and finish, and these must be approved in writing by the Planning Authority before the flue is installed.

Reason: In the interests of the amenity of the surrounding area.

5. That no over the counter sales shall be carried out within the premises.

Reason: To define the permission.

6. That the hours of operation of the premises shall be restricted to 5pm to 1Ipm Monday to Friday and 12pm to 11 pm on Saturday and Sunday.

Reason: To define the permission.

7. That the development hereby permitted shall not start until the submission of a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

8. That within 4 weeks of the development being brought into use, a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.

Reason: To monitor the development, to enable the Planning Authority to retain effective control.

9. That the use of the premises shall be restricted to a food preparation/bakery relating to an internet based pizza delivery business and no other use permitted within the Town and Country Planning (Use Classes) (Scotland) Order 1997.

Reason: To define the permission.

58 Backaround PaDers:

Consultation Responses:

Memo from Transportation received 13'h January 201 1. Memo from Protective Services received 2gthNovember 2010.

Contact Information:

Any person wishing to inspect these documents should contact Mr Fraser Miller at 01698 2741 19

Report Date:

13'h January 201 1

59 APPLICATION NO. 10/01129/FUL

REPORT

1. Site Description

1.1 The application site is a vacant general electrical repairs workshop and storage facility located at 4 Netherton Road, Wishaw. The unit is part of a single storey row of commercial uses, with a joinery business located to the west, a children’s nursery to the east, Powerwall (a premix render plant and modular building manufacturer) to the north and the former Bone Steel works to the south across Netherton Road. A communal car park, accessing Netherton Road, runs along the length of the building.

2. Proposed Development

2.1 Detailed planning permission is sought for the change of use of the premises from a domestic electrical repair and storage workshop (Class 4) to an internet based pizza delivery business (Sui Generis). The use of the premises includes food preparation and distribution of cooked food. No external alterations are proposed as part of the application.

3. Applicant’s Suwortina Information

3.1 The applicant has provided confirmation advising that the hours of operation are to be from 5pm to 12pm, 7 days a week. In addition, confirmation has been received that there are to be no visiting members of the public as the business is to operate on the basis of delivery only.

4. Site History

4.1 The site previously operated as a general electrical repair and repair workshop and has been an established use within the industrialkommercial area.

5. Development Plan

5.1 The site is indentified as an Established Industrial and Commercial Area in the Southern Area Local Plan 2008 to which Policy IND8 applies.

6.1 Transportation advised that the parking area at present is substandard in width for the formation of 6 metre wide parking bays and an access road, by 1 metre. However as the proposed business will operate outwith the opening times of the adjacent businesses, there is scope for adequate parking provision for staff vehicles.

6.2 Protective Services have raised no objections subject to conditions relating to noise from mechanical ventilation systems and the submission of the means of extraction.

7. Representations

7.1 No letters of representation have been submitted following the neighbour notification and press advertisement procedures.

8. Plannina Assessment

60 for Industrial and Business Development) and TR13 (Assessing the Transport Implications of Development) are also relevant.

DeveloDment Plan:

8.2 Policy IND 8 (Established Industrial and Business Areas) seeks to safeguard industrial uses where appropriate. The unit would be utilised for the preparation and cooking of pizzas for direct delivery to customers via orders placed over the internet or by the phone. There would be no over the counter sales from the premises and no visiting members of the public to the site. The pizzas would be prepared and cooked on the premises prior to being distributed to customers, this is considered to be a use that would be in keeping with the zoning of the site for Business and Industry and would not adversely affect the character of the area. Whilst the unit is located adjacent to a children’s nursery and shares the use of the car park and entrance, the hours of operation from 5pm to 11pm Monday to Friday and 12pm to 1lpm on Saturdays and Sundays, mean that there is an overlap of an hour Monday to Friday when both businesses would be in operation. However, as all orders would be delivered directly from the site with no visiting members of the public to the site, it is considered that this overlap would have a minimal impact on the operation of either business. The unit has lay vacant for a number of months and the re-use of the vacant unit would support rather than undermine the industrial nature of the site. It is therefore concluded that in this case the proposal is acceptable in relation to policy IND 8.

8.3 Policy IND 9 Assessing Applications for Industrial and Business Development lists several criteria to be taken into consideration, including; the impact of the proposal on the character and amenity of the adjoining properties and surrounding environment; the provisions made for vehicular access, servicing, parking, and the proposal’s impact on pedestrian safety and traffic circulation. As noted in paragraphs 8.2 above, it is considered that the proposal will not have an adverse impact on the amenity of the adjoining units and surrounding environment and, as such, is considered to comply with Policy IND9. In respect to additional traffic movement, vehicular access, servicing, parking, and the proposals impact on pedestrian safety, this is assessed in Policy TR 13 below.

8.4 Policy TR13 requires an assessment of the level of traffic generated from the proposal, the impact that the development will have on the road network and the provisions made for access, parking and vehicle manoeuvring. As detailed at paragraph 2.1, the application site can accommodate dedicated off street parking spaces. However, as there are to be no visiting members of the public, their usage will be restricted to delivery drivers and staff. Delivery vehicles currently deliver to the site and the level of traffic generated is not anticipated to be greater than that associated with the previous use of the site. The proposed development is therefore held to comply with the aims of policyTR13.

Finalised Draft North Lanarkshire Local Plan

8.5 A material consideration is the Finalised Draft North Lanarkshire Local Plan, however, the zoning and policy position raises no new assessment considerations.

9. Conclusions

9.1 In conclusion, this application has to be assessed against the relevant policies of the Development Plan unless there are material considerations which indicate otherwise. In this instance it is considered that the proposed development is an acceptable use at this location and can be accommodated within the industrial area without detriment to the surrounding businesses. I consider that the proposed development complies with the relevant policies of the Southern Area Local Plan 2008 and Finalised Draft North Lanarkshire Local Plan. It is therefore recommended that planning permission is granted subject to conditions.

61 Application No: Proposed Development:

10/01151/FUL Proposed 20 No. New Build Domestic Dwellings Site Address:

Land North & North West Of 403 - 429 Greengairs Road G reengairs Airdrie Lanarkshire

Date Registered:

3rdNovember 201 0

Applicant: Agent: WAM Development Ltd Architectural Design Solutions C/o Agent 108 Main Street Carnwath ML11 8HR

Application Level: Contrary to Development Plan: No

Ward: Representations: 07 Airdrie North None Councillors Campbell Cameron, Sophia Coyle, James McGuigan and Thomas Morgan

Recommendation: Approve Subject to Conditions

Reasoned Justification:

Taken that the development site is located within an established private housing area the proposal must be considered against the relevant residential policies of the Monklands District Local Plan 1991, the emerging North Lanarkshire Local Plan and the Council's Design Guidance relating to lnfill Housing. Having regard to this it is considered that there will be no detrimental amenity issues for surrounding dwellings in terms of privacy or overshadowing and the proposal will not adversely affect the wider area.

Legal Agreement:

If granted, planning permission should not be issued until an Agreement under Section 69 of the Local Government (Scotland) Act 1973 has been concluded with the applicant with respect to a financial contribution to assist in the provision of off site play provision.

62 Planning Application CJUIISI/FUL

Proposed 20 No. New Build Domestic Dwellings +- Mt b Scale Land To The Notth Of39 Proposed Conditions:-

1. That the development hereby permitted shall be started within three years of the date of this permission.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

Reason: To clarify the drawings on which this approval of permission is founded.

3. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.

4. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

5. That before development commences on any dwellinghouse hereby approved, the following shall be submitted to the Planning Authority, and for the avoidance of doubt these will adhere to the approved design brief, in respect of the following details

a) full details of all external materials to be used in construction, including walls, roofs, windows, doors, gutters and downpipes; b) The design and location of all boundary walls and fences;

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

6. That BEFORE any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and for the approval of the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175 : 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required.

Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents.

7. That any remediation works identified by the site investigation required in terms of Condition 6, shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future residents.

64 8. That notwithstanding the generalities of Condition 2 above; BEFORE the development hereby permitted starts detail of a scheme shall be submitted to, and approved in writing by the Planning Authority for:- (a) all driveways and courtyard areas to be accessed via dropped kerb footway crossing (b) courtyard areas to have a pedestrian connection to the footway (c) access aisles within the courtyard area to be 6 metres wide (d) double driveways to be a minimum of 6 metres long by 5 metres wide (e) driveways to be paved/surfaced for the first 2 metres from the heel of the footway with a gradient no greater than 10%

Reason: In the interests of traffic and pedestrian safety and to enable the Planning Authority to consider these aspects in detail.

Backaround Papers:

Representation Letters

None

Consultation Responses:

Traffic & Transportation (Northern Area) Environmental Health (including Pollution Control) Scottish Environment Protection Agency

Contact Information:

Any person wishing to inspect these documents should contact Mr tan Johnston at 01 236 8 12382

Report Date:

18'h January 201 1

65 APPLICATION NO. 10/01151/FUL

REPORT

1. Site Description

1.1 The application site is located at the north east end of Greengairs and is accessed off Palacerigg Street (to the east) via a new internal road that serves the surrounding properties/plots. The lands to the south and east are laid ouvidentified for residential uses (house plots), the area directly to the west accommodates an underground LPG Tank facility that serves the residential development to the east while the lands to the north are fields.

1.2 The site measures 4.3 hectares and forms part of a larger site that is currently being developed for residential purposes through a previous planning permission C/06/00336/OUT which proposed a plotted development and incorporating 19 detailed dwellinghouses on the basis of an approved design brief. That permission sought to create 56 plots within the site boundary, each plot containing a detached property and including an improved junction at Palacerigg Road and Greengairs Road. A number of the individual plots have now been developed along Hillside Place within the larger development site and the central spine road has partly been constructed to a point fronting the current application site.

2. Proposed Development

2.1 The current submission proposes to depart from the previously established layout for plots 31 - 33 & 48 - 54 by increasing the number of units from 10 (all detached) to 20 (all terraced). The proposed terraced units (6 blocks) will all be 2 storeys in height and will be accessed from the previously approved spine road located along the sites southern boundary. External treatment will include facing brick base with render above and grey coloured concrete roof tiles.

2.2 As there is a well-equipped play area near to the application site, off Rankin Crescent, the applicant, as part of the previous applications, requested that a contribution be made to additional play facilities within the village. Subsequently due to the proposed addition of 10 units a further sum would be required in respect of this matter which will require a Section 69 agreement.

2.3 The application site will be served from an existing SUDS facility currently located on land to the north of the site which has been provided to serve the larger development on Hillside Place. The application site will also be served by the adjacent (to the west) underground LPG Tank facility which has been provided through planning permission C/10/00126/FUL.

3. Applicant’s Supportinu Information

3.1 A Supporting Statement, including a Design Statement was submitted by the applicant. The document sought to provide background information about the history of the site and the need for a change in the housing mix for the site, provided an architectural and visual assessment of the site and presented an overview of the design concept and the visual assessment of the proposal. The statement highlights that the heights and massing of the proposed dwellings is substantially less than the previously approved house designs and the new build will be designed in the vernacular of the existing houses within the larger development.

66 4. Site Historv

4.1 Previous planning permissions relevant to this site are as follows:

C/99/00995/OUT Erection of Residential Development (In Outline) Withdrawn 3 July 2000 C/03/01087/FUL Erection of 50 Dwellinghouses Granted 27 April 2006 C/06/00871 /FUL Use of Land for Temporary Residential Accommodation at Plot 37 Granted 4 August 2006 C/06/00336/OUT Residential Development for 56 Plots Incorporating Details for 19 Dwellings Granted October 2006 C/10/00126/FUL Installation of Underground LPG Tanks in association with Residential Development (In Retrospect) Granted May 201 0

5. Development Plan

5.1 The site is covered by policy HG3 New Private Sector Housing Development in the Monklands District Local Plan 1991. As the application raises no strategic issues, it can be assessed in terms of the local plan policy.

6. Consultations

6.1 The Transportation Section has offered no objection to the proposal subject to the setting out of the driveways and courtyard areas to the standards required by the Road Authority together with the provision of all driveways to the dimensions specified by the said Authority. A condition has been added which will require revised plans to be submitted before works start on site.

7. Representations

7.1 Following the standard neighbour notification process no letters of representation were received against this proposal.

8. Plannina Assessment

8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires the application to be determined in accordance with the development plan, unless material considerations indicate otherwise including the emerging North Lanarkshire Local Plan. As the development is of no strategic importance the relevant development plan would only be the Adopted Monklands District Local Plan 1991.

8.2 The application site has been identified for housing in the Monklands District Local Plan 1991 and this policy designation was initially reinforced by the granting of detailed planning permissions C/03/01087/FUL in April 2004 for 50 dwellinghouses and subsequently through planning permission C/06/00336/OUT in October 2006 for the creation of a residential development for 56 plots (in outline) which incorporates detailed plans for 19 dwellings. Therefore the principle of development at this location has been established for some time.

8.3 When considering the proposal it is necessary to ensure that the development does not conflict with the relevant design guidance or that there are material considerations that could justify setting aside the established principles. Planning permission C/06/00336/OUT included 37 plots to be developed individually in accordance with a design brief that had been prepared in conjunction with the Planning Authority to help achieve a cohesive development. The approved design brief outlined the parameters within which each dwellinghouse must be designed and located within each plot.

67 8.4 The larger development site is currently being developed in compliance with planning permission C/06/00336/OUT in an individual plotted manner and to date a number of plots have either been developed or have received planning permission. The developed plots have been set out in accordance with the principles approved within the design brief and comprise of large individual units. The larger site is also served by an existing SUDS (including attenuation pond) facility which is located on land to the north and which has been constructed to the satisfaction of SEPA and Scottish Water.

8.5 The proposal under consideration seeks to depart with the terms of the approved design brief and introduce a number of terraced units (20 in total) which will be 2 storeys in height and will be externally treated in facing bricwrender with grey coloured roof tiles. The applicant seeks to justify this significant change on the basis of market demand which makes the further development of the larger site on an individual plotted basis impractical in the current economic climate.

8.6 Taken that the residential use of the application site is now established as acceptable then the details of the proposal require to be considered in the light of the relevant Design Guidance on “New Housing Areas” and “Open Space Around Dwellings”. In this regard, the internal layout of the site, in terms of road detail, is to the standards previously approved by the Roads Authority and the alterations now proposed to the road layout in terms of driveway and courtyard parking is also deemed acceptable by the Roads Authority. The proposed detailed site layout has also been considered against the criteria for individual dwelling/window positions etc. and in terms of privacy, heights, overshadowing etc. this is also considered acceptable. While the style of proposed new build (terraced) departs significantly from the terms of the approved design brief (detached) the heights and massing of the proposed dwellings is substantially less than the previously approved house designs. In addition, the surrounding area contains a large variety of house types/styles and therefore the introduction of a terraced element at this specific location would not adversely affect the amenity of the surrounding area. In terms of proposed external treatment an appropriate condition on any planning consent will require the submission of further details more in compliance with the details approved in the design brief. The layout as proposed is therefore considered compliant with the Design Guidance on “New Housing Areas”. In respect of “Open Space Around Dwellings” the proposal is compliant in terms of front, rear and side garden depth/widths and the available rear garden areas within each plot is acceptable for the proposed style of dwelling i.e. terraced.

9. Conclusions

9.1 The proposed development is considered to accord with the development plan as it generally follows the appropriate criteria for residential development within an identified housing site as contained within the adopted Monklands District Local Plan 1991. The proposed layout and design of the new build is considered acceptable and will not adversely affect the residential amenity of the surrounding properties or general environment. As such the application is therefore recommended for approval subject to the above conditions and the conclusion of the required Section 69 agreement for the additional 10 houses, which will require the developer to make a contribution of f5,000(i.e. f500 per additional dwelling) to be used for off site play provision.

68 Application No: Proposed Development:

10/01235/AMD Erection of 41 No. Dwelling Units and Ancillary Works Site Address:

Stewart Milne Group (Former S L Homes) Site Coatbridge Road North Lanarkshire

Date Registered:

16th November 201 0

Applicant: Agent: Stewart Milne Homes NIA Kestrel House 3 Kilmartin Place Tannochside Business Park Uddingston G71 5PH Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 009 Coatbridge West 1 letter(s) of representation received. James Smith, Thomas Maginnis, Paul Welsh,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

Taken that the development site already has planning permission for housing, the principle of the development is acceptable. It is considered that there will be no detrimental amenity issues for surrounding dwellings in terms of privacy or overshadowing and the proposal is acceptable in terms of layout and design.

69 70 Proposed Conditions:-

1. That the development hereby permitted shall be started within three years of the date of this permission.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

Reason: To clarify the drawings on which this approval of permission is founded.

3. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.

4. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

5. That prior to any works of any description being commenced on site, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to and approved in writing by the Planning Authority. For the avoidance of doubt the drainage scheme must comply with the requirements of the publication titled ‘Drainage Assessment : A Guide for Scotland and any other advice subsequently published by the Scottish Environment Protection Agency (SEPA) or the Sustainable Urban Drainage Scottish Working Party (SUDSWP). The post development surface water discharges shall ensure that the rate and quantity of run-off to any watercourse are no greater that the pre-development run-off for any storm return period unless it can be demonstrated that a higher discharge is necessary to protect or improve the aquatic habitat. SUDS shall be provided even when discharge is proposed to the public sewers notwithstanding any conditions imposed by Scottish Water.

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

6. That the SUDS compliant surface water drainage scheme approved in terms of condition 5. above shall be implemented contemporaneously with the development in so far as is reasonably practical. Following the construction of the SUDS, a certificate (signed by a responsible Civil Engineer) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant ClRlA Manual and the approved plans.

Reason: To safeguard adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of existing and future residents.

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

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

8. That any flood mitigation works identified in the Flood Risk Assessment approved in terms of Condition 7 above shall be implemented contemporaneously with the development in so far as is reasonably practical. Following the construction of all the flood mitigation works, a certificate (signed by a Chartered Civil Engineer experienced in flood mitigation) shall be submitted to the Planning Authority confirming that the flood mitigation works have been constructed in accordance with the approved plans.

Reason: To ensure that the development site and adjacent land and property will not be subjected to unacceptable flooding in the interests of public safety and amenity.

9. That BEFORE any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and for the approval of the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS I0175 : 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required.

Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents.

10. That any remediation works identified by the site investigation required in terms of Condition 9, shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future residents.

11. That all works included in the scheme of landscaping and planting, approved under the terms of condition 2 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.

Reason: To safeguard the residential amenity of the area.

12. That BEFORE the development hereby permitted starts, a scheme for the provision of the proposed play area and kick-about area within the site, as identified on the approved plans, shall be submitted to, and approved in writing by the Planning Authority, and this shall include:-

(a) details of the type and location of play equipment, seating and litter bins to be situated within the play area; (b) details of the surface treatment of the play area, including the location and type of safety surface to be installed; (c) details of the fences, gates and animal grids to be provided around the play area, and (d) details of the phasing of these works.

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

72 13. That BEFORE occupation of the last dwellinghouse within the development hereby permitted, all works required for the provision of equipped play area and, included in the scheme approved under the terms of condition 12, shall be completed.

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

73 Backaround Papers:

Representation Letters

Letter from Mr & Mrs Jim & Morag Waddell, 6 Maple Grove, Drumpellier Lawns, Bargeddie received

Consultation Responses:

Traffic & Transportation (Northern Area) Environmental Health (including Pollution Control) Landscape

Contact Information:

Any person wishing to inspect these documents should contact Mr lan Johnston at 01 236 812382

Report Date:

13 January 201 1

74 APPLICATION NO. 10/01235/AMD

REPORT

1. Site Description

1.1 The application site measures 2.25 hectares and is located directly adjacent (to the west) of the existing Stewart Milne housing development at Drumpellier Lawns, Coatbridge Road, Bargeddie. The site, although currently undeveloped and overgrown, forms part of the on-going housing development site to the east. The site is bounded to the north by an existing railway line, to the west by Gartcosh Road, to the south by the now vacant Bargeddie Primary School, residential properties and a Nursing Home, and to the east by recently completed residential properties.

2. Proposed DeveloDment

2.1 The proposal is for an amendment to planning permission ref: C/07/01990/AMD which will allow for a revised layout and an increase in the number of new dwellinghouses from 39 to 41. As before a small equipped play area and a kick-about area is provided. The dwellings will be a mix of 36 detached and 5 terraced units, all two storey in height and access to the site will be, as previously approved, taken through the existing adjacent housing estate via Maple Grove. Also as before, landscape bunds will be located along the western boundary of the site and an attenuation basin will be sited at the north western edge of the site.

3. Applicant’s Supportina Information

3.1 No supporting information was submitted by the applicant.

4. Development Plan

4.1 The site is covered by policies GB1:Restrict Development in the Green Belt and LI1/1 :Landscape Improvement in the adopted Monklands District Local Plan 1991. Taken the history of this site these policies are not relevant to the assessment of this planning application and the proposals now require to be assessed against the terms of policy HG9 in respect of the Design Guidance on “New Housing Areas” and “lnfill Housing”. The proposal raises no strategic issues.

5. Consultations

5.1 The Transportation Section has offered no objections to the proposal subject to revised plans regarding parking and road layout. The Protective Services Section has recommended the submission of a comprehensive site investigation report to establish the presence of any potential contaminants and to determine, if found necessary, a detailed remediation strategy.

6.1 Following the standard neighbour notification process 1 letter of representation was received. The main points of objection relate to the proximity of the proposed kick- about area to housing and associated concerns over youths from within the village and neighbouring village congregating in what has become a popular meeting spot. Other issues raised relate to the inevitable inconvenience and mess during construction and the presence of waterfowl within the site during periods of flooding.

75 7. Plannina Assessment

7.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 provides that in making any determination under the Planning Act, regard has to be had to the development plan. In particular, the determination shall be made in accordance with the plan unless material considerations indicate otherwise. In this instance, the development on the whole is not held to be of strategic importance therefore the Structure Plan is not relevant in the assessment of this planning application. Given that the site already benefits from planning permission for housing, the principle of this development is considered acceptable and the only considerations in assessing this application will be matters of detail.

7.2 The Transportation Section has sked that the most recent (and more onerous) standards of parking are applied to this development. However, given that this current submission is an amendment to a recent and still valid planning permission (C/07/01990/AMD) and also forms part of a much larger housing development then it would be unrealistic to impose the new parking standards suggested by the Transportation Section in respect of in-curtilage parking provision within the current application site. The Transportation Section has also asked that some driveways be relocated away from bends on the road. In response, the applicant has amended the proposals to provide only single width driveways at any bends with associated planting to create a suitable difference in road width and finish. Whilst these changes do not go as far as requested by the Transportation Section, it is felt that the measures go far enough to ensure that the layout is within acceptable limits.

7.3 Taken that the residential use of the application site is now established as acceptable in principle then the details of the proposal require to be considered in the light of the relevant Design Guidance on “New Housing Areas”. In this regard, the proposed internal layout of the site, in terms of road detail, is now to the standards required by the Roads Authority. The proposed detailed site layout has also been considered against the criteria for individual dwelling/window positions etc. and in terms of privacy, overshadowing etc. this is also considered acceptable. The layout as proposed is compliant therefore with the Design Guidance on “New Housing Areas”. The proposed levels of play area and kick-about area provision for this size of development have also previously been considered acceptable by Play Services and the revised layout is also considered to be acceptable.

7.4 With regard to the points of objection raised I would firstly comment that the play area and kick about areas will be well overlooked by surrounding properties and this will give security for usage (for children) while being an added deterrent for any potential anti-social problems carried out by youths congregating in the area. It is also an inevitable consequence of development that during building works there will be an element of inconvenience to existing residents by construction traffic, noise etc. although this is only short term. There is no evidence of the presence of any protected species within the application site.

8. Conclusions

8.1 Having regard to the foregoing it is considered that the proposal is acceptable in policy terms taken the particular planning history of this site together with the adjoining residential area. The site layout is considered to be acceptable in respect of internal road detail and level of play/amenity provision retained to serve the overall housing development. While the points of objection are noted I do not consider that these offer sufficient grounds for the refusal of this planning application and I therefore recommend that planning permission be granted subject to the stated conditions.

76 Application No: Proposed Development:

10/01325/FUL Change of Use from Office (Class 4) to Hairdressing Salon (Class 1) (Retrospective)

Site Address:

24 Station Road Mui rhead G69 9EH

Date Registered:

26th November 2010

Applicant: Agent: Mrs Alison Oganalp N/A 24 Station Road Muirhead G69 9EH Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 005 Strathkelvin 4 letter(s) of representation received plus William Hogg, Joseph Shaw, Brian Wallace, a petition with 250 signatures. Frances McGlinchey,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The hair dressing salon use is considered to be acceptable and will not detract from the amenity of the application site or the surrounding area. The impact on neighbouring properties is considered to be acceptable. The development complies with policies HG 3 (Retention of Residential Amenity) and SC 2 (Improve Shopping Facilities) in the Northern Corridor Local Plan, 2005.

77 Muirhead

This map IS reproduced from Produced by 3rdnance Survey material PLANNING APPLICATION 10/01325/FUL North Lanarkshire Council rnth the permssion of Planning and Environment Department, 3rdnance Survey on behaif f the Controller of Her Majesty's Change of Use from Office (Class 4) to Hairdressing Stationery Offb. 0 Crown Salon (Class 1) (Retrospective) xpyright. Unauthorised *hire rprodudion infringes Crown COMdl apyright and may lead to 24 Station Road, Muirhead, Glasgow. xosecutbn or ckil pmcedinps. Vorth Lanarkshire Council 1: 1,250 telOl698 27427 100023398 ml8 * Representations fax 01698 403053 70 Proposed Conditions:-

1. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the unnumbered drawing duly stamped approved.

Reason: To clarify the drawing on which this approval of permission is founded.

Backqround Papers:

Representation Letters Letter from Mr Robert Innes, 7 Potassels Road, Muirhead received 1 lthDecember 2010. Letter from Mrs Michelle Innes, 7 Potassels Road, Muirhead received 1lth December 2010. Letter from Mrs Karen Bryce, 29 Station Road, Muirhead received 1Oth December 201 0. Email from Councillor Hogg received 15'h December 2010.

Consultation Responses: Memo from Traffic & Transportation received 14thJanuary 201 1.

Contact Information: Any person wishing to inspect these documents should contact Mr Kevin Divin at 01 236 61 8124

Re ort Date: 17' R January 201 1

79 APPLICATION NO. 10/01325/FUL

REPORT

1. Site Description

1.I The application site is an existing detached commercial unit situated at 24 Station Road, Muirhead and located in established residential area. The property is a single storey unit with stone elevations and a slated roof. The application site is bounded by Station Road to the east which is an adopted road and Potassels Road to the north which is privately owned, beyond which are residential properties. To the west and south of the site lie residential properties. The property has no designated parking.

2. Proposed Development

2.1 This application seeks full planning permission for the change of use from an office (Class 4) to hairdressing salon (Class 1). No physical external alterations are proposed. It is noted that the hairdressing use has already commenced.

3. Site Historv

3.1 On the 25'h July 1984, planning permission was granted (Ref TP84/298) for Change of Use from Doctors Surgery to Office Premises.

4. Development Plan

4.1 The application raises no strategic issues and it can be assessed in terms of the local plan policy.

4.2 Under the Northern Corridor Local Plan 2005 the site is covered by policy HG 3 (Retention of Residential Amenity).

5. Consultations

5.1 Traffic & Transportation have recommended that this application be refused as the required level of parking cannot be achieved. From the details provided it would appear that no parking provisions have been provided for staff or customers for this type of business and it would appear that parking cannot be provided within the application boundary. While it is noted that planning consent has been granted for a Class 4 office, the proposed development is likely to generate more traffic which will result in on-street parking on the A752 which is adjacent to Elmira Road which is the main access to St. Barbara Primary School.

6. Rewesentat ions

6.1 Following the standard neighbour notification process, four letters of objection including one from Councillor Hogg and a petition of objection with 250 signatures have been received. The main points of objection relate to increased traffic, parking, unauthorised use, impact on existing hair dressing businesses, details on application form, water meter & drainage, waste collection and building regulations.

7. Plannina Assessment

7.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.

7.2 Development Plan - Northern Corridor Local Plan 2005: The site is located within an established residential area in Muirhead on land zoned as HG 3 (Retention of Residential Amenity). Policies SC 2 (Improve Shopping Facilities) and TR 6

80 (Development Control Criteria) are also relevant. The primary issues to be considered are compliance (otherwise) with the relevant development plan and the affect the development has on the surrounding area.

7.3 Policy HG 3 seeks to protect the character and amenity of existing and new housing areas. The principle objective of policy SC 2 is to create and sustain vitality and viability of local shopping centres without resulting in a detrimental impact on the amenity levels of the neighbouring residential properties. The development is within one commercial property within a wider residential area. The unit was previously used as an administrative base for a professional cleaning firm which I believe caused on occasion some on street parking problems within the vicinity with its associated vehicles. It is considered that the re-use of a vacant unit increases the vitality of the area. The hair dressing salon does not harm the amenity of the site or the general area and the impact of the proposal on neighbouring properties is regarded as being acceptable. Roads requirements are discussed in more detail in the next paragraph. Taking account of the above, is it considered that the development complies with local plan policies HG 3 and SC 2.

7.4 With respect to traffic matters, although Traffic & Transportation have raised concerns and recommended that planning permission is refused, it is considered that the hair dressing salon will not cause traffic and parking issues sufficient to sustain a refusal of the planning permission, particularly as an established commercial property it could have been reoccupied as an office with similar parking and traffic generation levels. It should be noted that Station Road does not have any parking restrictions and any unauthorised parking on the adjacent private road, Potassels Road, would be a private legal matter. The development is therefore considered acceptable when assessed with respect to policy TR 6 (Traffic Matters).

7.5 Other Material Considerations - Finalised Draft North Lanarkshire Local Plan: A material consideration is the Finalised Draft North Lanarkshire Local Plan, which zones the application site as HCF 1 A (Residential Amenity). Policy HCF 1 A has a presumption against developments detrimental to residential amenity in primary residential areas. In this respect it is considered that the amenity of the surrounding area is not unacceptably affected as the commercial use of the property is already established. In terms of a cumulative impact the addition of another hairdressing salon, particularly at this location, is also not considered to create a significant negative impact on the residential area. The development is therefore considered to comply with policy HCF 1 A of the Finalised Draft North Lanarkshire Local Plan.

7.6 Impact on Amenity of Locale: The hair dressing salon aids the vitality of the area by bringing an appropriate use to a previously vacant unit. It is noted that the application site is located within a residential area but it is not considered that there will be any long term unacceptable loss of residential amenity.

7.7 Consultations: With respect to the comments made by Traffic & Transportation, this has been addressed in paragraph 7.4 above.

7.8 Representations: In terms of the objections raised, I would offer the following comments:

Point of Objection: The proposal hairdressing salon has now been trading since 4th December 2010 without planning consent, a change of use and a building warrant. I also note that from the application submitted there are no architect drawings.

Comment: It is noted that the premises is currently trading and the planning application for change of use has been submitted in retrospect. A building warrant has not been submitted and the proposal may or may not require a warrant depending on the internal works undertaken. No architectural drawings were required to be submitted for the planning application as there is sufficient information detailed in the application form and the location plan.

81 Point of Objection: An additional hair dressing salon will add to the existing traffic and parking problems in the vicinity. There is a concern for pedestrian safety.

Comment: The property is a former office unit which generated traffic and parking. The traffic and parking associated with the hair dressing salon use is unlikely to be significantly higher than the traffic and parking generated from the previous office unit and not sufficient to warrant a refusal of the planning permission.

Point of Objection: The site is directly opposite an existing hair dressing salon. There is concern that the same type of business should not be able to open so close to another established one. Competition is already fierce in the local area and allowing another salon affects the chances of the existing salons survival.

Comment: Any impact on existing hair dressing businesses from competition is not a material planning consideration.

Point of Objection: It is noted the planning application form is in the name of the tenant and not the owner. Is this acceptable? Comment: This is acceptable provided that the owner is formally notified and details appropriately completed in the Land Ownership Certificate. In this respect, the submitted application form has been filled out correctly.

Point of Objection: A water meter is required to be installed by Scottish Water and drainage facilities need to be upgraded for backwashes.

Comment: These are not requirements of the planning legislation and are, therefore, not a material planning consideration.

Point of Objection: A business bin collection must be arranged and paid for every 3 months via the council. In addition, the bin can not be placed on Potassels Road as this is private. If the bin is kept outside the shop on Station Road, it will be an obstruction to pedestrians who use the pavement.

Comment: It would be the responsibility of the applicant to arrange for a bin collection service and this is not a material planning consideration.

Point of Objection: Information has not been supplied concerning disabled access, ventilation, fire protection, etc. The Application Form has not been fully completed.

Comment: Matters concerning building regulations would be fully assessed in a building warrant, if required. Sufficient information has been submitted to allow a planning decision to be reached.

8. Conclusions

8.1 The use of the premises as a hair dressing salon does not result in an unacceptable detrimental impact on residential amenity or on the amenity of this location. The use is not contrary to policies HG 3 (Retention of Residential Amenity) and SC 2 (Improve Shopping Facilities) in the Northern Corridor Local Plan, 2005. Taking account of these matters and also the objections received, it is recommended that planning permission be granted subject to conditions.

82 Application No: Proposed Development:

10/01353/FUL Change of Use of Vehicle Storage Depot to Meat Processing and Packing Unit Site Address:

16A Garrell Road Kilsyth G65 9JX

Date Registered:

10th December 201 0

Applicant: Agent: Pauls Quality Butchers Aros Design 3 Kingsmuir Drive 5A Burnbank Terrace Cumbernauld Kilsyth G68 9FB G65 OAE

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 001 Kilsyth No representation received. Mark Griffin, Jean Jones, David Key, Brian W al lace

Recommendation: Approve Subject to Conditions

Reasoned Justification: It is considered that this is an acceptable industrial use within a predominantly industrial area. There will be no adverse affect for surrounding operations and the proposal will not adversely affect the wider area. The proposed use complies with the relevant policies of the Kilsyth Local Plan 1999 and the North Lanarkshire Local Plan (Finalised Draft).

83 N1101013531FUL Pauls Quality Butchers IBA Garrell Road Kilsvth

84 Proposed Conditions:-

1. That the development hereby permitted shall be started within three years of the date of this permission.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by Planning Etc (Scotland) Act 2006.

2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the drawings duly stamped approved.

Reason: To clarify the drawings on which this approval of permission is founded.

3. That there shall be no direct sales to the public of meat or other products from the premises.

Reason: To define the permission and protect the integrity of the site as an industriaVbusiness location.

4. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by Planning Etc (Scotland) Act 2006

5. That within 4 weeks of the development hereby permitted being occupied or brought into use a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by Planning Etc (Scotland) Act 2006, to monitor the development and to enable the Planning Authority to retain effective control.

Backaround Papers:

Representation Letters

None received.

Consultation Responses:

Traffic & Transportation (Northern Area) memorandum received 14'h January 2010.

Contact information:

Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01 236 61 6475

Report Date:

17'h January 2010

85 APPLICATION NO. 10/01353/FUL

REPORT

1. Site Description

1.1 The application site is located within the Burnside Industrial Estate, located to the south west of Kilsyth Town Centre. This industrial estate comprises a mix of single storey, small scale workshop and light industry type uses (Class 4 and 5) as well as larger yards and industrial operations. The unit lies within a row of four single storey industrial units with dedicated parking.

1.2 Unit 16a is currently vacant although previously occupied by North Lanarkshire Council as a vehicle depot. The property immediately adjacent is an MOT workshop. The surrounding land uses include a builder’s yard, a council depot and an engineering company. Vehicular access to the site, as with the industrial estate as a whole, is taken from Garrell Road which connects onto the B802 to the east of the site.

1.3 The application site is owned by North Lanarkshire Council and therefore requires to be put to the Planning and Transportation Committee under the current scheme of delegation.

2. Proposed Development

2.1 This planning application seeks permission for a change of use of a storage depot to a food processing unit at 16a Garrell Road, Kilsyth. No external alterations are proposed to the building. Internal alterations include the creation of a mezzanine floor. The submitted plan indicates that there will be a wash down area, chilling area, boning area, training area and reception/office within the building.

3. Site History

3.1 No relevant site history.

4. Development Plan

4.1 The proposal raises no strategic issues and can therefore be assessed in terms of Local Plan policies.

4.2 The application site is zoned as 181-2 (Industrial Areas) within the Kilsyth Local Plan 1999.

5. Consultations

5.1 Transportation has no objection to the proposal and has provided comments on parking requirements.

6. Representations

6.1 Following the standard neighbour notification procedures no letters of representation have been received.

7. Plannina Assessment

86 7.2 Develoment Plan Kilsyth Local Plan 7999: The proposals require to be assessed under policy IB1-2 (Industrial Areas). This policy seeks to encourage the retention of the predominantly industrial character of an area. As meat processing and packing is an industrial use it is considered that the proposal is compliant with policy IB 1-2.

7.3 Other Material Considerations - Finalised Draft North Lanarkshire Local Plan 2009: The zoning of the site does not change in this plan and the development is considered to accord with policy EDI 1Al (Industrial and Business Uses) for reasons explained in paragraph 7.2.

7.4 Consultees: Transportation has commented that one space per employee should be provided. The applicant intends to employ 4 persons and it is considered that the number of available spaces is adequate.

8. Conclusions

8.1 Having regard to all material considerations including the current local plan it is considered that the proposal is an acceptable industrial use within an industrial area. As such it is recommended that planning permission be granted subject to the conditions noted above.