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North Lanarkshire Council
DEPARTMENT OF PLANNING AND DEVELOPMENT
Planning Applications for consideration of Planning and Development Committee
Committee Date : 19th August1 998
Ordnance Survey maps reproduced from Ordnance Survey with the permission of HMSO Crown Copyright reserved 2 APPLICATIONS FOR PLANNING AND DEVELOPMENT COMMITTEE 19th AUGUST, 1998
Page No. Application No. Applicant Development/Locus Recommendation
5 N/97/00334/FUL Morrison Homes Residential Development, (Erection of 76 Grant Dwellings at Phase 1 and 60 Dwellings at Phase 2); Formation of Revised Access onto Cardowan Road; Related DecontaminatiodConsolidation Earthworks; and Related Drainage Works, Phase 1 and 2, former Colliery Site, Cardowan Road, Stepps.
26 Core Engineering Limited Upgrading including Widening and Realignment Grant of existing road to Cowdenhill, Tomfyne Farm (Cowdenhill Quarry Access), Banton, Kilsyth.
33 N/98/00365/OUT B H Weston Residential Development of 10 House Plots and Refuse Roadway (in outline), land south of B757 Peathill Farm, Lindsaybeg Road, Chryston.
41 N/98/00741/FUL Mr Edward McGhee Change of Use of Public Open Space to Private Grant Garden Ground, 93 Turnbemy Gardens, Westerwood, Cumbernauld. 1 45 N/98/00754/FUL Douglas John Martin Erection of Dwelling, 122 Main Street, Chryston. Refuse
50 N/98/00783/FUL County Properties and Change of Use from Leisure to Class 1 (Retail), Grant Development Limited Hollywood Bowl, North Carbrain Road, Carbrain, Cumbernauld.
54 N/98/00789/MIN Dullatur Golf Club Ground Re-contouring Works by Infilling and Grant (P) Related Golf Course Alterations, land at Auchinbee Quarry, Dullatur Golf Course, 1A Glen Douglas Drive, Craigmarloch, Cumbernauld.
67 Mr J O’Donnell Garage Extension to Dwellinghouse and Erection Grant of Dwellinghouse and Garage, Garden Ground of 58 Wemyss Drive, Blackwood, Cumbernauld.
73 N/98/00878/FUL David Lorimar Erection of Timber Fence, rear of property at 24-30 Grant Maree Drive, Cumbemauld.
78 N/98/00879/FUL Mrs Rita Bums Change of Use of Industrial Unit to Children’s Grant Nursery and Alterations to the Building, 8 Telford Place, Lenziemill, Cumbemauld.
81 N/98/00880/FUL Tamura Hinchley Limited Change of Use to Site a Compactor on Parking Grant Area, 59 Deerdykes View, Westfield Industrial Estate, Cumbernauld.
86 N/98/00895/FUL Mr D Sommerville Extension to Dwellinghouse, 6 South Dumbreck Grant Road, Kilsyth.
90 C/97/00366/FUL Headway Developments Mixed Development comprising Retailmousing Grant (P) Limited and Community Hall, Glenmavis Road, Glenmavis.
105 Mr P McGeogh Extension to Lounge and Function Suite (in Grant retrospect), Clock Bar, 87 Dundyvan Road, Coatbridge.
109 Mr T A O’Connor Change of Use of Sandwich Bar (Class 1) to Hot Grant Food Shop (Class 3) (in retrospect), 38 Whifflet Street, Coatbridge.
113 C/98/00329/FUL Stanley Homes (Scotland) Erection of Residential Development comprising 4 Grant Flatted Dwellinghouses, Craigends Road, Airdrie.
120 C/98/00498/FUL Monklands & Bellshill Extension to Car Park, Monklands Hospital, Grant Hospital NHS Trust Monkscourt Avenue, Airdrie. 3 APPLICATIONS FOR PLANNING AND DEVELOPMENT COMMITTEE 19th AUGUST. 1998
Page No. Application No. Applicant DevelopmentiLocus Recommendation
125 C/98/00503iMIN Aberdale Homes Formation of Landscaped Mound from Inert Grant Material, land at Dunalastair, BeIIsdyke Road, Chapelhall.
131 Orange Personal Erection of 20m High Telecom Mast Housing 11 Grant Communications Antennae, 24 Whifflet Street, Coatbridge.
136 John Condie Esq Change of Use of Religious Building to Grant Dwellinghouse, Gospel Hall, Park Road, Calderbank.
139 C/~~/OO~O~/AMDBarratt Homes Limited Substitution of House Types (plots 71-74), The Grant Paddock, Ross Drive, Airdrie.
146 C/98/00785iAMD Miss J Rae Siting of Catering Trailer, 911 1 Palacecraig Street, Grant Coatbridge.
151 C/98/00 79 1/FUL Mr H Trainor Erection of Garage/Store, 40 Wood Street, Grant Coatbridge.
.56 Cl98/00792/FUL James Hamilton Use of Shop as Hot Food Shop, Erection of Grant Ventilation Flues and Installation of New Shop Front, 36 Bellsdyke Road, Airdrie.
162 C/98/008 29/FUL Tilbury Douglas Homes Erection of 58 Dwellinghouses and Associated Grant Access Roads, Old Monkland Road, Coatbridge.
171 C/98/00844/FUL Mr Ghulam Ghos Change of Use of Shop to Hot Food Take Away, Grant 155 Calder Street, Coatbridge.
176 S/98/00014/OUT British Steel Residential Development (in outline), Wishaw Grant (P) Low Road, Cleland.
191 S/98/00255/ADV CNC Properties PLC Erection of 5 Free-Standing Sign Boards, 5 Refuse (4) locations in Calderhead Road, Benhar Road and Grant (1) Hirst Road, Shotts.
197 S/98/00652/0UT Johnson (Falkirk) Limited Mixed Use Development Offices and Residential. Grant land east of Masonic Hall, Hope Street, Motherwell.
204 S/98/00724iFUL Clyde Valley Housing Erection of 50 Housing Units, Watling Street, Grant Association Motherwell.
- 212 S/98/00760/0UT Shale Contractors Limited Residential Development, land at Branchal Grant CottagesBranchal Road, Wishaw.
219 S/98/00795IFUL Thornhill House Extension to Residential Home to form Grant Residential Home Conservatory and Bedroom Accommodation, Thornhill House Residential Home, 386 Stewarton Street, Wishaw.
224 S/98/008 19/OUT Mr S Hill Construction of 100 Dwellinghouses, land opposite Grant 117-205 Momingside Road, Newmains.
230 S/98/00820/MD North Lanarkshire Council Erection of 30 Assisted Living Flats and Warden's Grant (P) Accommodation, land to north of Calder Tower, Leven StreetIAirbles Road. Motherwell.
237 S/98/00837/NIN The Scottish Coal Continuation of Opencast Coal Extraction to Grant Company Limited October 2000, Damside OCCS, Allanton, Shotts.
248 S/98/00841/FUL Mohammed Akhtar Proposed Alterations to existing Shop and Change Grant of Use to form a Hot Food Take-Away Shop, 66- 68 Mansfield Road, Bellshill. 4 APPLICATIONS FOR PLANNING AND DEVELOPMENT COMMITTEE 19th AUGUST, 1998
Page No. Application No. Applicant Development/Locus Recommendation
253 S/98/00918/OUT James Canning Construction of Two Dwellinghouses (in outline), Refuse Clydesdale Street, New Stevenston.
257 S/98/00920/AMD Sun Life Assurance Application for Non-compliance with Condition Grant Company of Canada No. 3 of Consent No. 136/84 to Permit Sale of Specific Class 1 Goods, Landmark Unit, Rannoch Road, Birkenshaw Industrial Estate, Uddingston.
260 S/98/01009/FUL John McCormick Part Change of Use from Motor Garage to Taxi Grant Radio Control Office and Installation of Mast, 9 Bairds Avenue, Uddingston.
N/98/00789iMIN (P) Bond of Caution C/97/00366/FUL (P) Section 69 (Local Government (Scotland) Act) 1973 and Refer to Secretary of State S/98/00014/0UT (P) Refer to Secretary of State, Section 75 Agreement S/98/00820/NID (P) Refer to Secretary of State 5
Application No: N/97/0033 4iFUL
Date Registered: 1st. December 1997
APPLICANT: MORRISON HOMES, ORCHARD BRAE HOUSE, 30 QUEENSFERRY ROAD, EDINBURGH EH4 2UJ
Agent: Alexander Russell PLC, Tannochside Park, Uddingston G71 5PH.
DEVELOPMENT: RESIDENTIAL DEVELOPMENT (ERECTION OF 76 DWELLINGS AT PHASE 1 AND 60 DWELLINGS AT PHASE 2); FORMATION OF REVISED ACCESS ONTO CARDOWAN ROAD; RELATED DECONTAMINATION/ CONSOLIDATION EARTH WORKS; AND RELATED DRAINAGE WORKS
. LOCATION: PHASE 1 & 2, FORMER COLLIERY SITE, CARDOWAN ROAD, STEPPS.
Ward No: 66 Grid: 266920 - 668358 File Reference: MD Site History: TP/88/65: Reclamation of Colliery Site - Refused November 1988 for amenity reason. TP/89/77: Reclamation of Colliery Site - Approved September 1989. P/PPA/SL/84 1: ResidentidLight Industrial Development (Outline) - Approved on appeal April 1993. TP/94/268 (94/00420/PL): Construction of access road from Colliery Site to the M80 Gateside Roundabout - Still being processed. TP/94/356: Formation of access onto Cardowan Road - Determination to grant in November 1994 subject to a Section 50 Legal Agreement requiring a Roads Bond. Agreement not signed - No Decision Notice issued. TP/95/207: Time Extension for reclamation works - Approved April 1995. TP/96/ 114: Time Extension for residentiflight industrial development (Outline) - Approved August 1996.
Development Plan: Strathkelvin District (Southern Area) Local Plan 1983: Zoned as Industrial Site (IND 4), Greenbelt (E.PR02) (part site), and unaffected by specific proposals (E.PR06) (part site) Northern Corridor Local Plan Consultative Draft 1998: Housing development opportunity (HG1/24).
Contrary1
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Contrary to Development Plan: Yes
CONSULTATIONS:
Objection: No Objection: City of Glasgow Council, West of Scotland Water No Reply: Conditions: The Coal Authority, Director of Education, Director of Environmental Services, Kelvin Valley Countryside Project, Director of Leisure Services, Scottish Environmental Protection Agency, Scottish Natural Heritage.
REPRESENTATIONS: Neighbours: Seven Newspaper Advert: 169 plus Stepps and District Community Council and Cardowan Tenants and Residents Association.
COMMENTS: The application is for the erection of 136 dwellings, related decontamination and consolidation earthworks, and the installation of drainage infrastructure at the former colliery site, Cardowan Road, Cardowan, Stepps. In addition, it is proposed to alter a number of the conditions attached to the outline planning permission granted by the Secretary of State on appeal in 1993. These seek approval for the details of the Cardowan Road access via the current application rather than via a separate application, to allow the use of the Cardowan Road access for additional construction traffic related to the adjacent residential development, to allow landscaping works to be phased after general earthworks and to delete the requirement for traffic lights on the M80 roundabout junction prior to the commencement of works.
A masterplan for fbture development on the former colliery site was submitted with the application. Thts indicates areas of residential, industrial and business use development, a limited leisurelretail site, a golf driving range, planting areas inciudmg the main bings, water courses including balancing ponds, details of decontamination/ consolidation works, details of drainage works and protection measures for important internal and adjacent areas of flora and fauna. Many of the master plan items cannot be included within the current planning application but give a usehi overview of future development proposals for the full colliery site.
It should be noted that approximately 50% of the colliery site is within the city of Glasgow.
A considerable number of objections have been received. There is particular concern at the ability of Cardowan Road to cope with extra traffic. It should be noted however that the above outline planning permission gives approval for an access onto Cardowan Road.
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It is considered that the application represents a first phase of exciting development proposals for what is currently a derelict and degraded site. There are no planning objections to the proposals and it is recommended that planning permission be granted.
RECOMMENDATION: Grant subject to the following conditions
1) The development hereby permitted shall be started within five years of the date of thls permission.
Reason: To incorporate the provisions of the Town and Country Planning (Scotland) Act 1997.
2) That the residential phasing shall be as follows:-
a) Housebuilding at Phase 1 shall not start prior to the completion to adoptable standard of the road link from the site to the M80 Gateside Roundabout. b) Housebuilding at Phase 2 shall not start prior to the first residential occupation of Phase 1 housing.
Reason: To ensure the early completion of the link road from the site to the MSO Gateside Roundabout.
3) That before the residential development hereby permitted starts a land gas survey and railway noisehibration survey of the site shall be camed out and submitted with any required remedial measures to, and approved in writing by the Planning Authority, including any modifications as may be required; approved remedial measures shall thereafter be implemented.
Reason: In the interests of public safety and amenity
4) That before residential development on Phase 2 starts details of a carpark area in the land shaded blue on the approved plan shall be submitted to, and approved in writing by the Planning Authority, including any modfications as may be required.
Reason: To offset carparking loss for adjacent land uses.
5) That before the first Phase 2 dwelling is occupied the carpark area approved under the terms of condition 4 above shall be formed in accordance with the approved plans, to the satisfactoin of the Planning Authority.
Reason: To offset carparlung loss for adjacent land uses.
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6) That before the development hereby permitted starts, full details andor samples of all external materials to be used in construction, including walls, roofs, windows, doors, gutters and downpipes, shaII be submitted to, and approved in Writing by the Planning Authority, including any modifications as may be required.
Reason: To enable the Planning Authority to consider these aspects in detail.
7) That before the development hereby permitted starts, full details of the design and location of all fences and walls (including railway security fencing) and entrance features to be erected on site shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: To enable the Planning Authority to consider these aspects in detail.
8) That before any of the dwellinghouses hereby permitted, situated on a site upon which a fence or wall is to be erected are occupied, the fence, or wall as approved under the terms of condition 7 above, shall be erected.
Reason: To safeguard the amenity of future residents.
9) That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, integral garages shall not be altered for use as habitable rooms.
Reason: To enable the Planning Authority to retain effective control and to ensure the provision of adequate parking facilities withm the plots.
10) That before the development hereby permitted starts, a scheme of landscaping, including a habitat and species survey, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:-
a) details of any earth moulding and hard landscaping, grass seeding and turfing;
b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted.
c) an 10
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c) an indication of all existing trees, hedgerows and other habitats and species plus details of those to be retained, and measures for their protection in the course of development.
d) details of the phasing of these works.
Reason: In the interests of the visual amenity of the area.
11) That within one year of the completion of decontamination/ consolidation works all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting approved under the terms of condition 10 above shall be completed and any trees, shrubs or areas of grass which die, are removed, damaged or become diseased be replaced within the following year with others of a similar size and species or such other scheme as is to the satisfaction of the Planning Authority.
Reason: In the interests of amenity.
12) That before the development hereby permitted starts, a scheme, for the provision equipped play areas withm Phase 1 and Phase 2 of the application site shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required, and thls shall include:-
a) details of the type and location of play equipment, seating and litter bins to be situated within the play areas;
b) details of the surface treatment of the play areas, including the location and type of safety surface to be installed;
c) details of the fences to be erected around the play areas,
d) details of the phasing of these works.
Reason: To ensure the provision of adequate play area facilities within the site.
13) That before the occupation of the last 5 dwellinghouses within Phase 1 and the last 5 dwellinghouses within Phase 2 hereby permitted all the works required for the provision of the respective equipped play areas in Phases 1 and 2, included in the scheme approved under the terms of 12 above shall be completed.
Reason: To ensure the provision of adequate play facilities within the site.
14) That/ 11
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14) That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include proposals for the continuing care, maintenance and protection Of -
a) the proposed footpaths;
b) the proposed parlung areas;
c) the proposed play areas;
d) the proposed grassed planted and landscaped areas;
e) the proposed fences to be erected along the boundaries;
f) the proposed watercourse and ponds.
Reason: To safeguard the amenity of the area.
15) That before the occupation of the last five dwellinghouses of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 14 above shall be in operation.
Reason: To safeguard the amenity of future residents.
16) That before the development hereby permitted starts, details of the design, location and construction of the proposed footpaths, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: To enable the Planning Authority to consider these aspects in detail.
17) That before the development hereby permitted is completed or brought into use, all the footpath works shall be completed in accordance with the details approved under the terms of condition 16 above.
Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings.
18) All accesses, roads and parking areas shall be designed and constructed to an adoptable standard to the satisfaction of North Lanarkshire Council as Planning and Roads Authority.
Reason: In the interest of public safety.
19) That/ 12
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19) That no dwellinghouse shall be occupied until the access roads and footways leading from the existing public road to that dwellinghouse have been constructed to base course level.
Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwelling.
20) That before the last dwellinghouse within each Phase hereby permitted is occupied all roads and footways referred to within conditions 18 and 19 above shall be completed to final wearing course.
Reason: In the interests of traffic safety and to ensure satisfactory road circulation within the site. 21) That before commencement of decontamination/consolidation works hereby permitted the new vehicular access onto Cardowan Road shall be constructed with 10.5m corner radii leading to a 6m wide road.
Reason: In the interests of public safety.
22) That before commence of Phase 2 residential development hereby permitted a visibility splay of 9 metres by 90m to Cardowan Road measured from the road channel, shall be provided on both sides of the vehicular access and before the development hereby permitted is completed, or brought into use, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.
Reason: In the interests of public safety.
23) That rights of way within the site shall be kept free from obstruction and shall be maintained in a manner suitable for pedestrian use unless diversions or temporary closure orders have been formally approved.
Reason: In order to protect the use of rights of way.
24) That before the development hereby permitted starts full details of decontamination and consolidation works shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required; thereafter the approved works shall be implemented, prior to commencement of the residential development.
Reason: In the interests of public health and public safety.
25) That/ 13
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25) That drainage works shall be to the satisfaction of the Planning Authority, West of Scotland Water and Scottish Environmental Protection Agency.
Reason: In the interests of amenity and public health.
26) That no earthworks shall take place wihdesignated Sites of Importance for Nature Conservation other than on the bing areas, as identified in brown on the approved plans.
Reason: In the interests of amenity.
27) That before the development hereby permitted starts full details of works to the watercourse, including ponds shall be submitted to, and approved in writing by the Planning Authority, including any moddications as may be required; no works shall take place which will alter the quality and quantity of the waterflow draining from the site.
Reason: In the interests of amenity and water quality.
28) That for the avoidance of doubt works not specifically covered by this planning permission shall require the separate approval of the Planning Authority: th~sshall include further housing phases, and industrial development.
Reason: For the avoidance of doubt.
29) That any alterations to statutory undertakers apparatus shall be carried out to the satisfaction and requirements of the respective statutory undertakers.
Reason: To protect statutory undertakers apparatus.
30) That construction shall take place at a maximum rate of 60 dwellings per year.
Reason: In order to assist integration with Cardowan and Stepps.
31) That before the first Phase I dwelling is occupied the footpath link from Phase I to Garnkirk Lane shall be constructed.
Reason: In order to provide an acceptable pedestrian link from Phase I to Cardowan.
32) That the link road between Phases 1 and 2 shall be completed no later than three years from the occupation of the first dwelling at Phase 2.
Reason: In the interests of pedestrian and vehcular movement.
List/ 14
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List of Background Papers:
Application form and plans, Masterplan details and plans Report on ground conditions and plans Strathkelvin District' (Southern Area) Local Plan 1983 Northern Comdor Local Plan Consultative Draft 1998 Strathclyde Structure Plan 1995 Consultation Letters from City of Glasgow Council, Kelvin Valley Countryside Project, Scottish Environmental Protection Agency, Scottish Natural Heritage Consultation Memos from the Director of Education, Director of Environmental Services, Director of Leisure Services Letters of representation: See Appendix 1 Outline permission for residential and light industrial development on the Cardowan Colliery Site granted on appeal in April 1993 (ref. P/PPASL/841) and August 1996 (TPP/96/114).
Any person Wishing to inspect these documents should contact Martin Dean on 01236-616459. 15
APPLICATION NO: N/97/00334/FUL
1. PROPOSAL AND SITE
1.1 The application is for the erection of 136 dwellings in two phases of development at the former colliery site, Cardowan Road, Cardowan, Stepps. Also covered by the application are related decontamination and consolidation earthworks, and installation of drainage infrastructure includmg the use of watercourses and ponds to accommodate surface water runoff. It is also proposed that there be alteration to a number of condtions attached to the outline permission for residential and industrial units. These are that:-
a) There no longer be a requirement for a separate planning application for the details of the Cardowan Road access. Although such a separate application was submitted in 1994 a Decision Notice has not been issued as a Legal Agreement requiring a Roads Bond has not been completed. Full revised details of the access have however been submitted with the current application and it is argued that planning permission can properly be granted through the residential planning permission.
b) There be a relaxation on the limits placed on construction traffic using the Cardowan Road access. The applicants are proposing to construct the llnk road from the M80 Gateside Roundabout to the site as an initial phase of construction along with a major earthworks contract for ground remediation works. Both contracts will be implemented concurrently thus requiring some usage by construction vehcles of the use Cardowan Road access. It is however stated that the earthworks contract shall, as far as possible, be contained wihthe site and that no significant volumes of material shall be exported from or imported to the site. The Phase 2 section of residential development will require the Cardowan Road access for construction vehcles and subsequently for residents. In due course an internal llnk road within the site will be constructed which will allow maximum usage of the access onto the M80 Gateside Roundabout.
c) There be a relaxation on the requirement for landscaping to be a first phase of development. Landscaping works cannot commence until the completion of the ground preparation works. It is necessary to programme the restoration of the bings and new landscapmg in line with recontouring of the site, the excavation and replacement of contaminated madc ground and peat and the consolidation of the washed colliery discard.
d) There be a deletion of the requirement that works shall not commence until temporary traffic lights are installed at the point of access onto the M80 Gateside Roundabout. The use of temporary traffic lights has been rejected by Scottish Office Roads Engineers and as such this condition is now inappropriate.
1.2 The residential development is on Phases 1 and 2 of the former colliery site which takes up approximately 4 hectares of the total 81 hectares size of the full colliery site. The site is derelict open ground with all the former colliery building having been demolished.
1.3 Although this application site is limited to only parts of the wole site which was granted outline consent, it is acceptable under planning regulations to impose conditions affecting other related land within the control of the applicants. As such it is recommended that approval be granted via this conditional permission for decontaminatiodconsolidationworks and drainage works within the larger site.
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These involve the workmg of extensive fill deposits and the excavation of the underlying peat to provide compacted ground and development platforms. Peat and inert raw material will be mixed with contamination materials in order to render them safe for the planned after use. Surface water drainage will be led to existing water courses. Balancing ponds will be formed in order to control the quality and rate of discharge of the water courses onto the sensitive Garnkirk Moss.
I .4 In addition to the planning application described above a master plan has been submitted covering all the proposed works withm the full colliery site. Thls follows the main thrust of the outline planning permission granted in 1993 and 1996 for residential and industrial development on the site. It is proposed that, that part of the site within North Lanarkshire be developed residentially with a substantial proportion of landscaping and one small section of industrial development. Development within Glasgow would mainly be industrial and landscaping with a golf driving range and a small area of housing.
2. POLICY CONTEXT
2.1 Under the terms of the Strathkelvin District (Southern Area) Local Plan 1983 the site is zoned for industrial purposes (IND 4) whereby there is a presumption in favour of creating new employment opportunities. The western section of the site is also zoned as being unaffected by specific proposals (E.PRO 6) and the eastern section of site is additionally zoned as greenbelt (E.PR0 2) where there is a presumption against new development unless required for agriculture, forestry or outdoor recreation.
2.2 Under the terms of the Northern Corridor Local Plan Consultative Draft 1998 the site is identified as a housing development opportunity (HG 1/24).
2.3 Strathclyde Structure Plan 1995 promotes the suitable redevelopment of brownfield sites Policy RES I requires that preference be given to residential development on “brownfield” infill or redevelopment sites.
2.4 The application has been advertised in the Kirluntilloch Herald and the Cumbernauld News under the Development Contrary to Development Plan procedure in view of the sites industriallgreenbelt joining in the Strathkelvin District (Southern Area) Local Plan 1983.
3. CONSULTATIONS AND REPRESENTATIONS
3.1 Summaries of consultation responses are as follows:
The Coal Authority: The property is in an area where coal is believed to exist at or close to the surface that may have been worked at sometime in the past and is within the likely zone of the influence on the surface from one seam of shallow fire clay workmgs. There are four mine entries within 20 metres of the property. A prudent developer would seek appropriate technical advice before any works are undertaken on site. (The developers are aware of the mineral site conditions and the housing layout avoids the areas affected by shallow workings.)
City of Glasgow Council: No objections.
Kelvin Valley Countryside Project: Although the Cardowan overall master plan addresses some ecological issues the Project has some concerns regarding the impact upon nearby Sites of Importance for Nature Conservation and also areas used for informal recreation within the proposed development. Of concern is the proposed golf driving range which will have a negative impact on the adjacent site.
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Scottish Environmental Protection Agency: A meeting has been held with the developer at whch issues including the disposal of foul and surface water, the inclusion of Best Management Practices with regard to surface water treatment and disposal, the possible impact on the Bishop Loch and Gamlurk Moss, earthmovement during the construction phase includmg the recontouring the existing bings and the disposal of waste from the site. Provided that the above issues are properly addressed there are no objections to the development proposal.
Scottish Natural Heritage: No objections subject to the addressing of matters relating to landscaping, requirement for a tree survey, the non-disturbance of G&rk Moss, woodland management and appropriate footpath provision.
West of Scotland Water: Preliminary discussions have taken place with the developers’ engineers and the necessary drainage scheme is presently being designed and would be constructed to West of Scotland Water’s specification.
Director of Education: The number of additional school pupils likely to be generated will not be able to be accommodated in local schools. It is recommended that if planning consent is granted the developer should meet the capital cost of providing the additional school places resulting from the development. Existing road traffic problems at Stepps Primary School and St. Joseph’s Primary School are llkely to be worsened.
Director of Environmental Services: Ground contamination works and proposed remedial action requires to be approved by the Department of Environmental Services. A railway noisehibration assessment should be submitted for appraisal.
Director of Leisure Services: The site and existing landscape can only be improved by the development. The contouring, screen planting, avenuekreet tree planting and the enhancement of existing drainage ditches linked to public openspace are all satisfactory as an indication of intentions with regard to landscaping. Recommendations are provided concerning limits to earthmoving in the vicinity of Sites of Importance for Nature Conservation, the best use of existing and potential wetland habitats, the need for satisfactory sediment traps in the drainage water course, the need for further approval for watercourse details and appropriate planting, There is a need for play areas withm the residential site.
Transportation Manager: No objections subject to conditions relating to the geometry and visibility splays of the access onto Cardowan Road and the requirement that the roads be designed and constructed to an adoptable standard.
3.2 Where appropriate planning conditions have been imposed covering consultee recommendations.
3.3 177 letters of objection have been received including an objection from Cardowan Tenants and Residents Association. Stepps and District Community Council have written giving conditional support for the proposals but reserved their position on the Cardowan Road access due to lack of clarity on the plans.
Points of objection are as follows:
- Access onto Cardowan Road should only be for initial construction works for the link road to the M80 roundabout as specified by the outline planning permission. The Phase 2 residential development should be served solely via the M8O roundabout. Excessive construction traffic will be a roads danger and cause loss of amenity on Cardowan Road. The Cardowan Road access may be heavily used due to traffic congestion on the M80 Gateside Roundabout.
Cardowad 18
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- Cardowan Road can not safely take more traffic due to congestion and poor sightlines. There will be a particular danger to the many school chddren who use Cardowan Road. There is a roads danger due to the proximity of the proposed access with other accesses onto Cardowan Road.
- The proposed development will remove a parking area used by the local school and church and will also result in the loss of the adjacent public house carpark.
- There is insufficient local school capacity for children associated with the new development.
- The planning conditions attached to the outline permission should be rigorously enforced. Thls includes only construction traffic associated with the M80 roundabout link road using the Cardowan Road access, an early start to landscaping and protection of rights of way.
- There are no proposals to improve existing facilities at Cardowan. Th~swill make integration into Cardowan difficult and lack of facilities may lead more youth crime.
- Certain plans are not clear. Garnkirk Lane has wrongly been indicated as a footpath.
- The golf driving range along with other aspects of the proposed development will adversely affect wildlife and local habitats. Previous reclamation works have devastated local wildlife.
- The existing footpath from Drimnin Road to Cardowan Road via the application site should be retained.
- Decontamination should be the first phase of development.
- BuiIdmg works should not cause a nuisance i.e. from dust or late night noise.
- Previous planning conditions on the reclamation permission were not complied with.
- There is no direct drainage to Frankfield Loch as stated in the master plan.
4. OBSERVATIONS AND CONCLUSIONS
4.1 The principal of the residential development has been approved through the residential and industrial outline planning permission granted in 1993 and renewed in 1996. The outline approval directly covers residential development, an access onto Cardowan Road, landscaping, appropriate decontamination and drainage whch is compatible with the adjacent sensitive Sites of Importance for Nature Conservation.
4.2 It is accepted that, as pointed out by objectors, there will be some adverse effect on the amenity of local residents through construction works. Th~sis however normal for building projects. Talung account of the outline planning permission it must be accepted that, not withstanding the many objections, Cardowan Road will be used by additional residential traffic and some early construction traffic, and that limitations of existing facilities such as available school places are not a hindrance to the proposed development. The outline permission gives no remit to require a contribution to improvements to local facilities, such as schools, outwith the application site.
4.3 The/ -5-
4.3 The outline planning permission allowed only construction traffic associated with the lmk road to the M80 to use the Cardowan Road access. However, construction traffic in excess of the level approved through the outline permission, is now proposed via the Cardowan Road access. This is due to the decontaminatiodconsolidation works talung place at an early stage in conjunction with the construction of, but prior to opening of, the link road to the M80 Gateside Roundabout. Construction traffic for the Phase 2 residential development immediately adjacent to Cardowan Road will also require to use the Cardowan Road access as the internal spine road crossing the full colliery site will only be completed at a later date.
4.4 There are no objections to the use of the Cardowan Road access from the Transportation Manager. It is considered that a positive view must be taken of the redevelopment of this unsightly derelict colliery site. It should be noted that Cardowan Road is a public road with no prohibition on types of traffic and that it was previously the main access route to Cardowan colliery which closed in 1984. It is considered that the temporary extra construction traffic usage beyond the terms of the outline permission is acceptable. Planning conditions are attached which are designed to ensure that the link road to the M80 Gateside Roundabout is constructed prior to housebuildmg commencing on Phase 1 and that housebuilding should not commence on Phase 2 until one or more houses are occupied in Phase 1.
4.5 It is accepted that the appropriate time for landscaping works is after the decontaminatiodconsolidation earthworks phase. A planning condltion covers this point.
4.6 As pointed out in letters of objection parts of the colliery and application site are used for parking for the adjacent public house, parking and piclung-up/dropping-off for the adjacent school and church and a footpath link from Drimnin Road to Cardowan Road. Although these uses are without the agreement of the landowner a planning condition requires that details be submitted of a substitute parking area for use in relation to the school and church. It may be appropriate to incorporate a footpath link to Drimnin Road when processing a residential application on immediately adjacent land.
4.7 The internal spine road crossing the full site will not be constructed until a later date, and as such the Phase 1 housing development will be relatively isolated in the meantime. Therefore a condition has been included which will require footpath links shown on the drawings between Phase 1 and Cardowan Road to be constructed prior to the first house being occupied in Phase 1. This will provide pedestrian access to local facilities for residents of Phase 1.
4.8 The developers anticipate that the right of way adjacent to the railway line will require to be temporarily diverted or stopped up to allow the construction of the link road to the M80 Gateside Roundabout. The acceptability or otherwise of such proposals will be determined at the time of promotion of any right of way order.
4.9 The proposed works will almost certainly aid local wildlife in the long term due to the large areas of proposed planting and ponding. Conditions require due care and attention to the adjacent Sites of Importance for Nature Conservation. There is only a restricted range of existing flora and fauna due to the degraded condition of the site.
4.10 The outline planning permission maximum limit of 60 dwelling to be constructed per year is retained for Phases 1 and 2 as covered by this permission. The applicants have however stated that they may seek a relaxation of this condition in subsequent residential planning applications. Improved plans have been submitted whch amongst other matters show Garnkirk Lane as a vehicular route which will not be dlrectly affected by the proposed development.
4.11 20
-6-
4.11 There are no objections to the layout details subject to the provision of appropriate play areas. A planning condition covers this issue. There are no objections to the proposed development from consultees although certain details require hrther assessment and approval. These matters are covered by planning conditions.
4.12 The first two phases of residential development, the decontaminatiodconsolidation groundworks, landscaping and early drainage works are part of an exciting major brownfield development. The proposed works relate acceptably to the outline planning permission and any alterations from outline conditions reflect updated proposals for this major development.
4.13 Taking account of the above considerations, it is recommended that planning permission be granted.
Comaps97/9700334/FUL/MD/JK 21 Appendix 1 Letters of Representation
Mr & Mrs R 35 Alexander Avenue Stepps Glasgow, G33 6BP Campbell Mrs M O’Brien 24 Alexandra Avenue Stepps Glasgow, G33 6BP Janine Campbell 35 Alexandra Avenue Stepps G33 John H Pryce & 2 Ardtoe Crescent Cardowan, Stepps Glasgow, G33 6AU Masarie Pryce Mane & John A 2 Ardtoe Crescent Cardowan G33 Pryde Sadie Ward 3 Ardtoe Crescent Cardowan, Stepps G3 3 Mr & Mrs MacKay 6 Ardtoe Crescent Cardowan, Stepps G33 6AU Mrs M Hunter 11 Ardtoe Crescent Cardowan, Stepps G3 3 Mrs M Notman 11 Ardtoe Crescent Cardowan, Stepps G3 3 Derek Notman 11 Ardtoe Crescent Cardowan, Stepps G33 John & Elizabeth 12 Ardtoe Crescent Stepps G33 McKerron Mr & Mrs J Shaw 18 Ardtoe Crescent Cardowan G33 6AU James & Agnes 24 Ardtoe Crescent Cardowan, Stepps G3 3 Cartwright Irene Coyle 30 Ardtoe Crescent Cardowan, Stepps Glasgow, G33 J & M Sullivan 38 Ardtoe Crescent Stepps G33 6AU Mrs Anne Thomson 41 Ardtoe Crescent Cardowan, Stepps Glasgow, G33 Linda & Gordon 43 Ardtoe Crescent Stepps G3 3 Yardley Gordon Russell 46 Ardtoe Crescent Stepps G3 3 occupant 48 Ardtoe Crescent Stepps G33 6AU Mrs J McCormick, 4 Ardtoe Place Cardowan, Stepps Glasgow, G33 6AX Mr & Mrs McVay 11 Ardtoe Place Cardowan, Stepps G33 6AX Margaret- Anne 13 Ardtoe Place Cardowan, Stepps Glasgow, G33 6AX Shaw Margaret-he 13 Ardtoe Place Cardowan, Stepps Glasgow, G33 6AX Shaw Margaret- he 13 Ardtoe Place Cardowan, Stepps G33 6AX Shaw occupant 13 Ardtoe Place Cardowan G33 I Kennedy 5 Ballaig Crescent Stepps Glasgow, G33 6NR - Mr J Daly 44 Ballaig Crescent Stepps Glasgow, G33 Marie Miller 60 Ballaig Crescent Stepps Glasgow, G33 6NR occupants 6 Blaneview Stepps G33 occupants 8 Blaneview Stepps G33 Mrs Maureen 18 Blaneview Stepps Glasgow, G33 6BX Burnett A Bennett 21 Blaneview Stepps Glasgow, G33 6BH Ann Shaw 23 Blaneview Stepps Glasgow, G33 6BH J & G Brogan 32 Blenheim Avenue Stepps Glasgow, G33 6DJ Alison M c/o St Joseph’s Cardowan Stepps Glasgow, G33 6AA McLaughlin Primary School (2 letters) Board Kathleen Shields 9 Cardowan Drive Stepps Glasgow, G33 6HE Elaine Middleton c/o St. Joseph’s Cardowan Road stepps Glasgow, G33 6AA School, Frank J Lynch Alvisdene Cardowan Road Stepps Glasgow, G33 6HL 30 Mr J & Mrs A P 35 Cardowan Road Stepps Glasgow, G33 6HJ krkpatrick Mr J Kirkpatrick 35 Cardowan Road Stepps Glasgow, G33 6HJ 22 Appendix 1 Letters of Representation
Mrs P Kirkpatrick 35 Cardowan Road Stepps Glasgow, G33 6HJ Michele 37 Cardowan Road Stepps Glasgow, G33 6J3 MacDonald Mr & Mrs Hugh 74 Cardowan Road Cardowan, Stepps G3 3 McCormack Mrs Ages Young 81 Cardowan Road Stepps G33 A Doran 93 Cardowan Road Stepps Glasgow, G33 6AW Mrs P Deadman 95 Cardowan Road Stepps G3 3 Miss Anme 95 Cardowan Road Stepps G3 3 Deadman Mr R Deadman 95 Cardowan Road Stepps G3 3 Margaret & Harold 2 Clayhouse Road Cardowan, Stepps G3 3 Hunter K Goodwin 4 Clayhouse Road Cardowan G33 Mrs Catherine 6 Clayhouse Road Cardowan, Stepps G33 6AN Neilson M Daly 14 Clayhouse Road Cardowan G3 3 John Clark 16 Clayhouse Road Glasgow G33 6AN J & A Monison 18 Clayhouse Road Cardowan, Stepps G33 Mr & Mrs R 20 Clayhouse Road Stepps G3 3 McKerron G Johnston 52 Clayhouse Road Cardowan G33 Lawrence & Moyra 56 Clayhouse Road Cardowan, Stepps G3 3 Toner Margaret & Archie 58 Clayhouse Road Cardowan G3 3 Ramsay heMcCluskey 66 Clayhouse Road Cardowan G3 3 Mr & Mrs John 97 Clayhouse Road Cardowan, Stepps G3 3 Findlay Mr L & Mrs E 103 Clayhouse Road Cardowan G33 McCallum Mr S McCallum 103 Clayhouse Road Cardowan G3 3 Miss A. J. 103 Clayhouse Road Cardowan G33 McCallum Mrs Rose 109 Clayhouse Road Cardowan, Stepps G33 Callaghan Mr Russell Martin 121 Clayhouse Road Cardowan Glasgow, G33 6AG E Clyne 6 Comedie Road Cardowan G33 6AQ James McVay 17 ComeQe Road Stepps G3 3 A. F Cassidy 21 Comebe Road Stepps G33 6AH Mr & Mrs 27 Comedie Road Cardowan, Stepps G33 6AN McWilliam Carol Quinn 29 Comedie Road Cardowan, Stepps Glasgow, G33 6AH Mr P McGrath 5 Coshneuk Road Millerston Glasgow, G33 6JG Kathleen Larkin 61 Coshneuk Road Glasgow G33 6JH Margaret McManus 11 Craigendmuir Road Cardowan, Stepps G33 Lorna & George 12 Craigendmuir Road Cardowan G33 MacMillan Mrs N Lafferty 5 Cumbernauld Road Stepps G33 6LT Margaret Marchetti 21 Cumbernauid Road Stepps Glasgow, G33 6LR Tracy Taylor 123 Cumbernauld Road Stepps Glasgow, G33 6LE P. M Laughlin 164 Cumbernauld Road Stepps Glasgow, G33 6HA Angela Clarke 1817 Cumbernauld Road Stepps Glasgow, G33 6JR Lyn Grant 3 Dorlin Road Cardowan, Stepps G33 23 Appendix 1 Letters of Representation
M Andrew 18 Dorlin Road Stepps G33 6AP Heien Stones 24 Dorlin Road Stepps Glasgow, G33 Thomas Stones 24 Dorlin Road Stepps Glasgow, G33 Thomas P Stones 24 Dorlin Road Stepps G3 3 Elaine Stone 24 Dorlin Road Stepps G33 Jack Shaw 30 Dorlin Road Cardowan, Stepps Glasgow, G33 6AP Cardowan Tenants & Residents Association Mrs Thomson 33 Dorlin Road Cardowan, Stepps G3 3 Miss H Thornson 33 Dorlin Road Cardowan, Stepps G3 3 Master D Thomson 33 Dorlin Road Cardowan, Stepps G3 3 Mrs H Maxwell 34 Dorlin Road Cardowan G33 Irene Hughs 37 Dorlin Road Cardowan G3 3 Mr W Walter 38 Dorlin Road Cardowan, Stepps G33 6AP Abbie Cowie 46 Dorlin Road Cardowan G33 occupants 48 Dorlin Road Cardowan, Stepps G33 occupant 14 Drimnin Road Cardowan G33 Donald Ross 16 Drimnin Road Cardowan, Stepps Glasgow, G33 6AT David & Mary 18 Drimnin Road Cardowan, Stepps G33 Lyons George & Georgina 20 Drimin Road Cardowan, Stepps G33 Gray Mr & Mrs P 22 Drimnin Road Cardowan, Stepps Glasgow, G33 6AT McGoven Mrs Susan McVay 50 Drimnin Road Cardowan G33 6AT Martin McVay 50 Drimnin Road Cardowan G33 6AT Wm. McGoldrick 52 Drimnin Road Cardowan G33 Mr & Mrs Kelly 46 Dunalastair Drive Stepps Glasgow, G33 Mrs Mary Anne 124 Dunalastair Drive Millerston G33 6NU Gallacher Alison McLaughIin 3 Dunalistair Drive Glasgow G33 6LN Mrs M Stewart 30 Dunalistair Drive Stepps Glasgow, G33 occupant 34 Dunalistair Drive Stepps Glasgow, G33 J Byrne 77 Dunalistair Drive Stepps Glasgow, G33 6 LY M Clark 2 Frankfield Road Cardowan, Stepps G33 L Simpson 4 Frankfield Road Stepps G33 6AE Mrs P Coyle 7 Frankfield Road Stepps Glasgow, G33 D & P Coyle 7 Frankfield Road Cardowan G33 E Rennie 26 Frankfield Road Cardowan, Stepps G33 Mrs MacKie 35 Frankfield Road Cardowan G33 M & F Birchall 41 Frankfield Road Cardowan, Stepps G33 Helen Barrons 43 Frankfield Road Stepps G33 J McGeachey 45 Frankfield Road Cardowan G33 Mr & Mrs J 50 Frankfieid Road Cardowan, Stepps G33 McCallum James & Patricia 62 Frankfield Road Cardowan, Stepps G33 6AE McCabe Donna Lyons 69 Frankfield Road Cardowan, Stepps G33 6AY Elaine Middleton 73 Frankfield Road Cardowan, Stepps G33 G Fraser 78 Frankfield Road Cardowan G33 R & J Grant 79 Frankfield Road Cardowan, Stepps G33 Mrs E Smith 81 Frankfield Road Cardowan G33 B Banons 82 Frankfield Road Cardowan, Stepps G3 3 24 Appendix 1 Letters of Representation
Mr Robin Hood 1 Garnkirk Lane Stepps Glasgow, G33 6BD Robin Hood Motors Mr Thomas Cole 1 Garnkirk Lane Cardowan, Stepps Glasgow, G33 6BD C W Johnson & Inchgarvie, 1A Gamlurk Lane Stepps Glasgow, G33 6BD Mrs E Johnson Terence & he 3 Gamkirk Lane Cardowan Glasgow, G33 6BD Mane Cole Terence Cole 3 Garnkirk Lane Cardowan, Stepps Glasgow, G33 6BD Terence Cole 3 Garnkirk Lane Cardowan, Stepps G33 6BD Mr William 5 Gamkirk Lane Stepps Glasgow, G33 6BD McElveen Mrs E Cole 7 Garnlurk Lane Stepps Glasgow, G33 6BD James Kennedy Cardowan Cottage Gamkirk Lane Stepps Glasgow, G33 6PX 9 Mrs B McDonald 2 GashPath Stepps G3 3 Mrs A Screen 50 Ingleneuk Avenue Millerston Glasgow, G33 6PX Mr & Mrs John 4 Iona Way Craigendmuir Park, G33 6BQ Kormoslu Cardowan Mr & Mrs ME 9 Iona Way Craigendmuir Park, G33 6BQ Mallon Stepps I. F. Burnett 11 Iona Way Craigendmuir Park, G3 3 Cardowan Isobel Burnett 11 Iona Way Craigendmuir Park, G33 Cardowan W Clelland 11 Iona Way Craigendmuir Park, G3 3 Cardowan Alex & Margaret 16 Iona Way, Caravan Cardowan, Stepps G33 6AF Milligan Site Eileen McHenery 1 Laurelbank Road Chryston Glasgow, G69 9BH K Tracey 36 Lednock Road Stepps Glasgow, G33 6LU Mrs P Woolfries 7 Lenzie Road Stepps Glasgow, G33 6DY hgela McIntosh 27 Lochearnhead Road Stepps Glasgow, G33 6LQ Mrs C Fox 32 Lochview Crescent Glasgow G33 Mrs C. Fox 32 Lochview Crescent Hogganfield Glasgow, G33 1QW Mrs i. G. 30 Lochview Drive Hogganfield Glasgow, G3 3 1QF Campbell Mrs M Blair 173 Lochview Drive Hogganfield Glasgow, G33 E Magavan 1 Lomond Place Cardowan G33 J Fitzgerald & E 2 Lomond Place Craigendmuir, G33 Roberts Cardowan
Mr & Mrs E 22 Lomond Place Stepps G33 6AF Colgan Mr & Mrs S Tobin 3 Louden Road Millerston Glasgow, G33 6NJ U McCabe 11 Loudon Road Millerston Glasgow, G33 6NR Mrs Mary Barbour 99 Millersneuk Millerston Glasgow, G33 6PH Crescent Mr & Mrs Young I13 Millersneuk Millerston Glasgow, G33 6PA Crescent A, M. Thomson 131 Millersneuk Millerston Glasgow, G33 6PG Crescent Mrs Linda Reilly 163 Millersneuk Millerston Glasgow, G33 6PW Crescent
occupant 7 Mossview~._~~. Road Cardowan, Stepps G33 6AZ 25 Appendix 1 Letters of Representation
Mr & Mrs A Taylor 8 Mossview Road Cardowan, Stepps G33 6AZ Eugene McClay 12 Mossview Road Stepps G33 Georgina Tait 35 Mossview Road Cardowan, Stepps G33 6AZ Ann 0’Neii 33 Mossview Road, Cardowan, Stepps Glasgow, G33 6AZ Liz Ashmole c/o Stepps Primary School Road Stepps Glasgow, G33 School Board Mrs Isabelle M do Stepps Primary School Road Stepps G33 6HN Kennedy School Mr & Mrs Flood 15 Second Avenue Stepps Glasgow, G33 Jacqueline 14 St. Fillan’s Road Stepps Glasgow, G33 6LW McKendry Mrs C. J. Conway 30 Station Road Millerston Glasgow, G33 6NG Faith Peacock & 2 Uist Crescent Craigendmuir Park, G33 Margaret Kenealy Cardowan, Stepps Mrs F Peacock & 2 Uist Crescent Craigendmuir Park, G33 Mrs M Kenealy Cardowan Catherine 28 Uist Crescent Craigendmuir Park, Glasgow, G33 McCluskey Cardowan Maria Celino 2 West Avenue Stepps Glasgow, G33 6ES Karen & Graham 7 West Avenue Stepps Glasgow, G33 Webster Mrs K McParland 25 West Avenue Stepps Glasgow, G33 6ES Paul Terrance 24 Whitehill Avenue Stepps Glasgow, G33 6BN Karen MacKay 45 Whltehdl Avenue Stepps Glasgow, G33 6BN Stepps & District 57 Whitehll Avenue Stepps Glasgow, G33 6BN Community Council 26
Application No: N/97/00360/FUL
Date Registered: 22 December 1997
APPLICANT: CORE ENGINEERING LTD; BRIDGE STREET BONNYBRIDGE FK4 1AB
Agent: Waring & Netts Partnership Studio 4 19 Marine Crescent Glasgow G519HD
DEVELOPMENT: UPGRADING INCLUDING WIDENING AND REALIGNMENT OF EXISTING ROAD TO COWDENHILL QUARRY.
LOCATION: ACCESS TO TOMFYNE FARM AND COWDENHILL QUARRY, BANKNOCK.
Ward No: 65 Grid Reference: 276814 679390
File Reference: MT
Site History:
Development Plan: Kilsyth Local Plan 1983 Land Use Policy E- Designated Countryside/Greenbelt Kilsyth Local Plan Finalised Draft 1996 Policies GB 1- 4 Green Belt, CF 10 - Pipeline Consultation Zone, MW1 - Sand and Gravel Areas of Search, TRl - A80/M80 Green Route.
Contrary to Development Plan: No
CONSULTATIONS:
Objection: No Objection: Falkirk Council, Health and Safety Executive, West of Scotland Archaeology Service. Conditions: No Reply: British Gas Transco.
REPRESENTATIONS: Neighbours: Four letters and a petition. Newspaper Advert: Bad Neighbour Development
COMMENTS: The applicant seeks planning consent for the working conditions to recommence mineral extraction operations at Cowdenhill Quarry, Banknock. The quarry is currently inactive and is registered as an Old Mining Permission . As the quarry was inactive during the period 16 May 1989 and 15 May 1991, the permission for the quarry operations is dormant and working may not recommence until a scheme of operation and restoration has been submitted and conditions determined. The application site, including the quarry itself falls
28 predominantly within the boundaries of Falkirk Council and only that parcel of land required for the upgrading and widening of the access road lies within North Lanarkshire. Accordingly the consideration of the merits of the proposal are restricted to these works.
A number of consultations have been undertaken, however none of the responses contain objections to the proposals. In particular, the Transportation Manager has no objections in terms of road safety.
The advertisement of the proposals and neighbour notification have led to the receipt of four representations, all containing objections to the proposals. The majority of the issues raised refer to land within Falkirk Council, however, those issues which explicitly address matters within North Lanarkshire can be addressed by the use of planning conditions.
The proposal is not considered to be contrary to the terms of local plan policy and planning permission should be granted.
RECOMMENDATION: Grant subject to the following conditions:-
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That before the development hereby permitted starts, cross sections in duplicate within the areas marked Al-A2, Bl-B2, and Cl-C2 showing the existing ground levels, the proposed ground levels and all boundary treatments shall be submitted to, and approved in writing by the Planning Authority.
Reason: That the planning authority may retain effective control.
3. That before the development hereby permitted starts, details of the construction, wearing course and drainage along the full length and width of the road shall be submitted to, and approved in writing by the Planning Authority.
Reason: That the Planning Authority shall retain effective control.
4. That before the development hereby permitted starts, detailed proposals showing protection measures for all electricity apparatus within and adjacent to the application site to the satisfaction of Scottish Power shall be submitted to, and approved in writing by the Planning Authority. 29
Reason: In the interests of public safety.
5. Within 1 month of the cessation of extraction from the quarry, a scheme for the reinstatement of the upgraded and widened access road shall be submitted for the written approval of the planning authority. Thereafter, the reinstatement shall be implemented within 6 months of the cessation of extraction in accordance with the scheme approved by the Council..
Reason: In the interests of amenity and to ensure the satisfactory reinstatement of the land to be incorporated within the upgraded access road.
Background Papers: : Application Form and Plans Kilsyth Local Plan 1983. Kilsyth Local Plan (Finalised Draft) 1996. Letters of representation dated 2, 3, 9, 26 February and 26 March 1998.
Any person wishing to inspect these documents should contact Moray Thomson at 01236 616463. 30
APPLICATION NO. N/97/00360/FUL
1.o PROPOSAL AND SITE
1.1 The applicant is seeking to obtain planning permission for the working conditions to recommence mineral extraction operations at Cowdenhill Quarry, situated within the boundaries of Falkirk Council, approximately 2 miles east of Banton. To allow the quarry to be accessed, the applicant further proposes the upgrading of approximately 250 metres of the existing access road to Cowdenhill Quarry through its widening and realignment. It is only this element which falls within North Lanarkshire.
1.2 Cowdenhill Quarry is currently inactive and is a registered Old Mining Permission in accordance with the requirements of Section 52 of the Planning and Compensation Act 1991. The reworking of the quarry for the recovery of Dolerite may not commence until a scheme of operation and restoration has been submitted and the conditions determined.
1.3 The quarry owners wish to recommence working of the quarry for a period of 10 years and thereafter to restore the site.
1.4 The adopted local plan for the area identifies the site within North Lanarkshire as designated Countryside/Greenbelt. As such there is a presumption against new development, although it states that proposals for the extension of existing mineral workings will be considered on individual merit.
1.5 The finalised draft of the Kilsyth Local Plan designates the application site as greenbelt. In addition the existing road to be upgraded falls within the safeguarding zone of the pipeline identified on the Proposals map. This requires formal consultations to be undertaken with the Health and Safety Executive and British Gas. The application site also falls within the area of search for minerals which provides guidance upon the circumstances within which the winning and working of minerals will be acceptable. Finally, the application site also intersects at its eastern edge with the Kelvin Valley route of the A80M80.
2.0 CONSULTATIONS AND REPRESENTATIONS
2.1 Summaries of consultation responses are as follows: - Transportation Manager: No objections. West of Scotland Archaeological Service: No objections. Health and Safety Executive: No objections. Falkirk Council: No comments at present.
2.2 A number of representations have been received in respect of the proposal, however the majority of the points raised refer to those aspects located within Fakirk.
Banknock Community Council - Concerns have been raised regarding the approach which the applicants have taken regarding the application. In particular it is stated that the applicant is seeking permission from both Falkirk and North Lanarkshire Councils for the access road in advance of the intentions for its usage being determined or assessed via the working conditions. Underpinning the concern is the issue of road safety and in particular the increase in vehicles using the A80. A petition objecting to more heavy goods vehicles travelling through local villages has also been submitted.
Catriona Clark 52 Hawthorn Drive, Banknock raised concerns regarding the volume of traffic likely and implications for road safety and pollution. 31
Rosemary Murphy of Netherview Cottage near Banknock raises a number of points including the increase in the volume of traffic currently using the access to the quarry, the potential reduction in road safety due to the increased use of the access to the A803, the proximity of the new road to the pylons which are adjacent to the existing track, the adverse impact of the proposal on road safety and on the environment in terms of noise, vibration and smoke, It is also stated that Falcons have been nesting at the quarry for a number of years. Finally the representation refers to the lack of information which has been made available.
2.3 The majority of the points raised within the representations relate to aspects of the proposal falling within Falkirk and are accordingly, appropriately addressed by that Council in its determination of those aspects of the proposal within its jurisdiction. Suggestions that the operational aspects/working conditions be established prior to or at least concurrently with the current application are currently being considered by Falkirk Council. Within North Lanarkshire however, the applicant is seeking the upgrading of a limited stretch of the access road, extending to approximately 250 metres in length which as a result of peculiarities in Council boundaries, is situated between stretches of the access road within Falkirk. Neither the quarry to the north nor the improved junction with the A803 to the south are within North Lanarkshire. The determination of the merits of the application within North Lanarkshire is therefore restricted to the formation of and use of the stretch of road under consideration. To assist in this process further information was requested from the applicant. Supporting information, including a draft set of proposed working conditions, has been received.
2.4 It is considered that those representations relating to the upgrading of the road within North Lanarkshire can properly be addressed through the use of planning conditions.
3.0 DISCUSSION AND CONCLUSION
3.1 The adopted local plan for the area identifies the site within North Lanarkshire as designated Countryside/Greenbelt. As such there is a presumption against new development not directly related to basic rural land uses, although the policy further states that proposals for the extension of existing mineral workings will be considered on individual merit. Although not explicitly permissible in terms of a category of development within the greenbelt, the proposal is nonetheless associated with an Old Mining Permission and is required if the existing reserves of Dolerite are to be removed from the quarry. Accordingly the proposal can appropriately be considered on merit. Whilst the upgrading an:! ~lsesf the mad wnu!d not enhance the objectives of greenbelt policy in the short term, in practical terms it is only upon the expiry of extraction that restoration of the quarry will be achieved. In addition, upon restoration the stretch of road within North Lanarkshire can be satisfactorily reinstated to a width and finish more appropriate to its then role.
3.2 I do not consider therefore that the proposal conflicts in any significant way with the purpose of the greenbelt
3.3 The finalised draft of the Kilsyth Local Plan designates the application site as greenbelt and in this respect similar considerations to those above apply. The application site also falls within the area of search for minerals which provides guidance upon the circumstances within which the winning and working of minerals will be acceptable. Again the considerations in this respect are as set out within 3.2 above. The application site falls within the safeguarding zone of the pipeline identified on the Proposals map. Formal consultations have been undertaken with the Health and Safety Executive and British Gas and no objections to the works have been received. Finally, the application site also intersects with the “preferred” Kelvin Valley route of the A80M80. The policy states that Major proposals along the possible M80 extension will be brought to the attention of The Scottish Office. The current proposal is not considered to be a major proposal and in any event intersects with the proposed route only at the eastern edge of the application site. The proposal is therefore not contrary to Policy TR 1. 32
3.4 All in all, the proposal is not considered to be contrary to the provisions within either the adopted local plan or the finalised draft version of its proposed replacement.
3.5 In addition, having considered the terms of all representations received the objections insofar as appropriate to the application site within North Lanarkshire can be addressed through the use of planning conditions.
3.6 It is considered that on balance, the development as proposed is acceptable and that accordingly permission should be granted subject to the conditions attached.. 33
Application No: N/98/00365/OUT
Date Registered: 16 March 1998
APPLICANT: B.H WESTON PEATHILL FARM LINDSAYBEG ROAD CHRYSTON
Agent: L.S Shields Shieldaig Cottage 51A Birdston Road Milton of Campsie
. DEVELOPMENT: RESIDENTIAL DEVELOPMENT OF 10 HOUSE PLOTS AND ROADWAY (IN OUTLINE)
LOCATION: LAND SOUTH OF THE B757 PEATHILL FARM, LINDSAYBEG ROAD, CHRYSTON.
Ward No: Grid Reference:
File Reference: MT
Site History: Lanark County Council: Outline planning permission (64/1034) Detailed planning permissions (66/1084).
Development Plan: Strathclyde Structure Plan 1995 Policies GB1 - Greenbelt Policy RES1, RES 1A - Housing Development Policy Strathkelvin District (Southern Area) Local Plan 1983 Policy PH1- Future Private Housing Strathkelvin District Local Plan(Fina1ised Draft) 1995 Policy E14 Trees in the Landscape Northern Corridor Local Plan (Consultative Draft) 1998 Policy ENV 8-14 Greenbelt
Contrary to Development Plan: No
CONSULTATIONS:
Objection: Glasgow and the Clyde Valley Structure Plan Joint Committee, Kelvin Valley Countryside Project, Chryston Community Council. No Objection: West of Scotland Water, Coal Authority. Conditions: No Reply:
REPRESENTATIONS: Neighbours: Newspaper Advert: Not required \
2x0
Crsrn copyright Unauteor iwd reproduotlen infringes. CrOm copyreght ond rm Residential Develomnt at 1: 2500 or civii proce&i&d to pro'ccut'on Licence No. LA 09041L 1996 Peath i I I Farm Chryston. T North Lanarkshire Council Date N Bron Way, Cumbernauld G67 1DZ 24 Jul 1998 458462 1 Telephone 01725 722131 Fax Otm 35
COMMENTS: The application under consideration proposes the creation of 10 house plots and access road within an area of land adjacent to the B757 Lindsaybeg Road, to the north of Chryston.
The site represents part of the balance of an extant planning permission issued by Lanark County Council in 1967 and never fully implemented, due it is believed to likely foundation difficulties. The current application is, however, materially different in terms of layout and access position than that to which the above permission applies.
The Strathkelvin District (Southern Area) Local Plan of 1982 which remains, for the present, the adopted local plan, contains a statement to the effect that the land in question would be subject to a “completion notice” served by the District Council “should there be no progress towards the implementation of the planning permission by 31 December 1983.” That notwithstanding, the notice was never served and emerging local plans the Strathkelvin District Local Plan (Finalised Draft) of 1995 and, more recently, the North Lanarkshire Council Northern Corridor Local Plan (Consultative Draft) of 1998 both recognise the greenbelt charactersitics the site possesses. Both local plans propose a greenbelt designation for the site.
The Strathclyde Structure Plan seeks the development of brownfield sites within urban areas in preference to greenfield sites. Proposals for developments within the greenbelt require to be justified against the relevant criteria. In this case no justification has been provided.
The adopted local plan for the area, the Southern Area Local Plan, is now substantially out of date and is process of being replaced. Accordingly it has to be borne in mind that a number of material considerations have changed since its adoption in 1982. These include matters such as the housing land supply, and a greater awareness of flooding, a risk to which the site is exposed. The intervening years have also seen a greater awareness of environmental considerations and the site’s low lying position and proximity to the Garnkirk Bum has seen the establishment of a valuable wetland habitat and semi improved grassland which would be adversely affected as a result of the development.
Accordingly it is considered that material considerations justify a departure from the development plan. When the individual merits of the proposal are assessed there is a strong weight of balance against granting permission particularly in terms of the impact on the setting of Chryston, on amenity , road safety and the issue of precedent. It is therefore recommended that the application be refused. 36
RECOMMENDATION: Refuse for the undernoted reasons:-
1. The residential development of this site is not required to meet the strategic objectives of the Strathclyde Structure Plan 1995 and in this respect is contrary to the terms of Structure Plan Policy RES 1. In assessing the proposed development against Structure Plan Policy RES 1A there is no justification under criteria (a), evidence of deemed and effective supply, and (e) impact on the policy for the greenbelt around Chryston.
There is provision for an adequate supply of residential land throughout the appropriate Housing Market Area to ensure there will not be a shortage relative to quality, quantity and location for a period of at least 5 years.
The individual merits of the proposal in the context of strategic or emerging local development plan policies do not justify the setting aside of these policies. The period of time which has elapsed since the adoption of the statutory local plan and the significant change in circumstances in this period is such that very limited weight can now be attached to its provisions intended to reflect the extant permission. The application under consideration differs materially from that for which permission still exists in terms of the layout and access arrangements.
2. In the interests of amenity in that the proposed residential development, being sited at a very prominent location, would adversely affect the rural setting which is of paramount importance to the established character of the area. In particular, the development, in conjunction with the access road, would represent an isolated and incongruous residential enclave poorly related to the existing development within Peathill Avenue. The proposal would therefore be contrary to the objectives of greenbelt policy insofar as it fails to preserve the landscape character which is of paramount importance to the setting of Chryston.
3. Development of the site would involve the unacceptable loss of a particularly sensitive greenfield site, semi-rural in character with which supports a valuable habitat of wetland and semi-improved grassland which in conjunction with the Garnkirk Bum currently constitute a wildlife corridor of ecological importance which allows the movement of both plants and animals to other areas.
4. In addition the likelihood of flooding is such that based upon the precautionary principle, the risk should not be increased and permission should be refused.
5. In the interests of road safety in that the application proposes taking access directly onto a de-restricted stretch of the B757 Lindsaybeg Road at a point without footways or lighting and which due to its poor horizontal alignment is recommended for improvement within the Strathkelvin District (Southern Area) Local Plan.
6. The/ 37
6. The proposal, if approved, would be likely to encourage further applications for similar developments which would be unacceptable for the reasons stated above in that the cumulative effect of such proposals would be likely to seriously undermine the Council’s green belt policy.
Background Papers: Application Form and Plans. . Strathkelvin District(Southem Area) Local Plan 1983. Strathkelvin District Local Plan (Finalised Draft) 1995. : North Lanarkshire Council Northern Corridor Local Plan Consultative Draft 1998. . Strathclyde Structure Plan 1995.
Any person wishing to inspect these documents should contact Moray Thornson at 01236 616463. 38
APPLICATION NO. N/98/002 14/FUL
1.o PROPOSAL AND SITE
1.1 The application proposes the creation of 10 house plots and access road on land to the south of the B757 Lindsaybeg Road to the north of Chryston.
1.2 The site to which the application relates forms part of the balance of a larger residential development site constructed as part of a detailed planning permission issued by Lanark County Council in 1967. Although the majority of the dwellings to which the permission relates were completed in the 1960’s and early 1970’s, it is understood that due to foundation difficulties the development was never completed. Accordingly a total of 24 houses to the northern end of the existing development known locally as the “Berryknowes Estate” were never constructed.
2.0 CONSULTATIONS AND REPRESENTATIONS
2.1 Summaries of consultation responses are as follows:-
Glasgow and the Clyde Valley Structure Plan Joint Committee: There is no need for further greenfield release of housing until 2003.
Transportation Manager: The proposed road to serve the site would be located within a stretch of Lindsaybeg Road where there are neither footways nor streetlights and where the national speed limit applies. Accordingly it is recommended that the application be refused due to the implications for public safety.
Kelvin Valley Countryside Project: The application site is a valuable local nature conservation site, comprising both wetland habitat and semi-improved grassland . It is home to a number of species and in addition forms part of a wildlife corridor allowing the movement of fauna with other sites within the IocaIity. The response recommends that the site remain undeveloped.
Chryston Community Council: The Community Council formally object to the proposal due to the impact upon this part of Chryston although, mistakenly the Council believe the site is to be located within the greenbelt. The significance of the misunderstanding is the subject of comment in the following section.
West of Scotland Water: There are public sewers in the vicinity and a water supply can be made available.
3.0 DISCUSSION AND CONCLUSION
3.1 The application site represents part of the balance of a planning permission issued by Lanark County Council in 1967 which was never implemented, due it is believed to likely foundation difficulties.
3.2 The Southern Area Local Plan which remains, for the present, part of the statutory development plan contains a statement within Policy PH1 to the effect that the land in question would be subject to a “completion notice” served by the District Council “should there be no progress towards the implementation of the planning permission by 3 1 December 1983.” That notwithstanding, the notice was never served and the subsequent Strathkelvin District Local Plan (Finalised Draft) of 1995 identified the site for tree planting purposes with the purpose of strengthening the landscape setting of Chryston and to reinforce the greenbelt edge at this location. No objections to this proposal were received. 39
3.3 More recently the North Lanarkshire Council Northern Corridor Local Plan (Consultative Draft) of 1998 provides a greenbelt designation for the site. The inclusion of the site in the greenbelt has been the subject of only one objection, received from the applicant.
3.4 The Strathclyde Structure Plan 1995 which provides the strategic planning context within which the application must be considered. Through Policies GB1 and RESl the plan seeks the development of brownfield sites within urban areas in preference to greenfield sites in order to inter alia assist in the urban renewal process, protect agricultural land and protect the setting of settlements. Proposals for developments within the greenbelt and for the extension of the greenfield supply of land for housing require to be justified against the relevant criteria within the Plan. The Structure Plan indicates that in terms of local needs there is a surplus of residential land at the former Strathkelvin District Level and the Structure Plan Joint Committee advises that there is no requirement for the release of further greenfield sites for residential development within the wider Housing Market Area in the period to 2003. The Structure Plan Manager has confirmed this position in his consultation response. There is therefore no evidence of justification in terms of deemed and effective supply as set out in terms of criterion (a) of Policy RESlA. Criterion (e) of this policy is considered within paragraph 3.6 below.
3.5 Although not formally superseded as the adopted local plan, the Strathkelvin District Southern Area Local Plan is nonetheless substantially out of date, particularly with respect to the allocation regarding the application site. Included principally to reflect the extant detailed permission of 1967 the change. The allocation was also intended to clarify the situation by the commitment to serve a “Completion Notice” on the owner of the site unless completed by 1983. Failure to complete the development would have effectively revoked the planning permission.
3.6 It is clear that the intervening years have, particularly in the eyes of the public, seen a marked change in attitudes toward the site. Part of this process is undoubtedly due to an increasing awareness of the planning process and in particular a recognition of and support for greenbelt policy. Whilst the application site is, at present, located within the designated built up area, it nonetheless displays all the physical characteristics and indeed performs the functions of a greenbelt site. Its formal planning status can be seen as somewhat anomalous, merely seeking to reflect the formal legal position of the 1967 planning permission to allow its completion. Since 1982 however there has been a shift in emphasis toward the site.
Firstly there was a formal recognition that the site was unlikely ever to be developed. Indeed, although benefiting from planning permission, it has not formed part of the effective land supply since 1987.
Secondly, it was further recognised that the uncertainty associated with the extant permission should not be allowed to continue indefinitely. Hence the reference to the service of a “Completion Notice” by 1983.
Thirdly, the site’s semi-rural, open and undeveloped nature in conjunction with its location is considered to contribute significantly to the landscape setting of Chryston, one of the main objectives of greenbelt policy.
Finally, there was a recognition of the site’s nature conservation value.
The misunderstanding of Chryston Community Council that the site is located within the greenbelt is therefore entirely understandable given the location, and characteristics of the site.
3.7 Proposals contrary to Policy RESl above must demonstrate that the loss of the greenfield land is required to meet an unforseen imbalance between supply and demand. Proposals to extend the greenfield supply of land for residential development requires to be justified against the criteria contained within Policy RESlA. Creterion (e) requires that the impact upon policy for the greenbelt is acceptable. 40
To grant planning permission for the proposal within such a prominent site, would undoubtedly put greenbelt policy at risk and create a most concerning precedent. In the public perception, the houses represent the towns and the land beyond the houses is the greenbelt. This is the case at Chryston where the public perception identifies the edge of the “Berryknowes Estate” as the edge of the greenbelt, the ruralhrban interface. The visual and psychological effect of development would therefore be unacceptable. The proposal, if approved, would erode confidence in terms of greenbelt boundaries which have been formulated to prevent and address the problems outlined above. Greenbelt policy and in particular the formal inclusion of the application site therein has widespread public support, evidenced through the recent publicity and consultation process associated with the Northern Corridor Local Plan. The nature conservation value of the site as set out in para 3.10 below further adds to the greenbelt land use and visual characteristics of the site.
3.8 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that the decision on any application be made in accordance with the development plan unless material considerations dictate otherwise. In this instance material considerations justify a refusal of the application.
3.9 In this case the likelihood of flooding appears to be such that based upon the precautionary principle, it would be inappropriate to increase this risk through the introduction of housing and accordingly in terms of the guidance contained within N.P.P.G 7, the application should be refused.
3.10 The Kelvin Valley Countryside Project consider that the site, which they describe as predominantly a wetland or swamp habitat represents an important wildlife corridor due to the presence of the Gamkirk Bum.The bum allows species associated with an aquatic habitat to access other wetland sites. The loss of the site will create a break in the wildlife corridor and wetland chain with an adverse effect on both the local population and that of the wider area.
3.1 1 The application site falls within an area which is subject to the occurrence of naturally occurring methane gas and the Council would require to be satisfied that the development of the site could, safely be undertaken.
3.12 Taking account of all the above comments, it is recommended that the application be refused. 41
Application No: N/98/0074l/FUL
Date Registered: 6th. June 1998
APPLICANT: MR. EDWARD McGHEE
Agent:
DEVELOPMENT: CHANGE OF USE: PUBLIC OPEN SPACE TO PRIVATE GARDEN GROUND
LOCATION: 93 TURNBERRY GARDENS, WESTERWOOD,CUMBERNAULD
Ward No: 52 Grid: 275970 - 676247 File Reference: KPL Site History: No site history
Development Plan: Located in an area zoned residential in the Adopted Cumbernauld Local Plan - HG4.
Contrary to Development Plan: No
CONSULTATIONS:
Objection: No Objection: British Gas Transco, East of Scotland Water, West of Scotland Water, NLC Leisure Services, NLC Transportation (N) No Reply: Conditions:
REPRESENTATIONS:
Neighbours: One letter of objection received from nearby resident Newspaper Advert: Not required
COMMENTS: The proposal relates to the Change of Use of an area of landscaped public space to private garden ground. The extended area will be enclosed with matching fencing to the existing in terms of height, design and colour.
An objection has been lodged from an adjoining neighbour and this is covered in the accompanying report.
After consideration of the proposals and the points raised by the objector, I would recommend that the application is approved subject to conditions.
Recommendation/ I42 43
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RECOMMENDATION: Grant, subject to the following conditions:-
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That the proposed area shall be enclosed with a 1.8 metre high fence.
Reason: To safeguard to amenity of the area and define the use of the site.
3. That the proposed fence shall match the existing boundary fence in terms of design and colour and be erected as shown on the line coloured blue on the approved plan.
Reason: To safeguard the amenity of the area.
4. That unless otherwise agreed by the Planning Authority, the existing mature conifer within the application site shall not be topped, lopped, felled or otherwise affected without prior written consent.
Reason: In the interest of the amenity of the site and general area.
List of Background Papers:
Application form and Plans Adopted Cumbemuld Local Plan 1993 Consultation response from ?Transco dated 19th. June 1998 Consultation response fiom East of Scotland Water dated 17th. June 1998 Consultation response from West of Scotland Water dated 15th. June 1998 Memo fiom NLC Leisure Services Memo from NLC Transportation Letter of objection from 67 Turnberry Gardens dated 20th May 1998.
Any person wishing to inspect these documents should contact Kevin Lawlor on 0 1236-616476. 44
APPLICATION NO: N/98/00741/FUL
1.o PROPOSAL AND SITE
1.1 The applicant proposes to extend his existing garden into an area of landscaped public space adjoining his property at 93 Turnberry Gardens, Westerwood, Cumbernauld.
1.2 The area of ground requested is a result of negotiation between the applicant and the owner of No. 95 Turnberry Gardens, who also has applied for Change of Use of an adjacent landscaped area to private garden ground (Application No. N/98/00714FUL) which will be dealt with through delegated powers, as it has not been the subject of any objections.
1.3 The site is located within a larger strip of overgrown landscaping which links the properties of No. 93 and No. 95 Turnbeny Gardens, part of a development erected by the Walker Group.
The landscaped area has apparently suffered from lack of maintenance in recent years and has become infested with mice, and the applicant hopes to re* matters if they receive consent to extend.
2.0 OBJECTION
2.1 One letter of objection has been received from a notified neighbour. The objector describes the problems arising from children playing football in the street, and goes on to express his concerns over an increase in noise or possible relocation of this activity nearer their property if the fence is erected. COMMENT
After erecting a new boundary fence around the garden extension, there will still be approximately 3.5 - 4 metres of landscaping between pavement and fence. There is nothing to suggest that this “neighbourhood problem” will increase or migrate Ikrther round the street towards the property of the objector, if the proposal is approved.
3.0 CONCLUSION
3.1 I have taken the objector’s comments into account and I do not consider that they just$ a re&saI on planning grounds and I would therefore recommend approval of the application subject to the conditions attached therein. 45
Application No:
Date Registered: 27th May 1998
APPLICANT: MR. DOUGLAS MARTIN 229 CUMBERNAULD ROAD MUIRHEAD G69 9ND
Agent:
DEVELOPMENT: ERECTION OF DWELLING
LOCATION: 122 MAIN STREET, CHRYSTON
Ward No: 67 Grid Reference: 268887670120
File Reference: SD
Site History: TP/94/256 Erection of 6 flats and 11 townhouses. Refused 29 September 1994. N/97/00 174/OUT Erection of Dwelling (in outline). Withdrawn 27th August 1997
Development Plan: Strathkelvin District Southern Area Local plan adopted May 1983 - Unaffected Areas policies Northern Corridor Local Plan Consultative Draft approved April 1998 - Residential Policy HG3, HG4, HG5.
Contrary to Development Plan: No
CONSULTATIONS:
Objection: No Objection: West of Scotland Water, The Coal Authority Conditions: No Reply:
REPRESENTATIONS:
Neighbours: Nine letters of objection received Newspaper Advert: Not required
COMMENTS: The application is for the erection of a dwelling at 122 Main Street, Chryston. The area covered by the application is a gap site situated between a two-storey modern flatted development and a traditional single storey cottage. The site does not cover the entire width of the gap as there is a further gap, formerly 124 Main Street, between the new flatted development and the edge of the application site.
The area is covered by residential policies E.PR06/7 as defined by the Strathkelvin District Southern Area Local Plan adopted May 1983 and residential policies in the Northern Corridor Local Plan approved April 1998. The proposal is, therefore, in accordance with policy.
A number of objections and representations have been received. Sca le : I 3rown copyright Unauthorised reproduction infrlngee crom copyr.ight and m led to pros~~ut~on j ‘J ERECTION OF DWELLING AT 122 MAIN or cIv41 proced’ingr 1: 1250 No. LA 1996 - icence 09041 L STREET, CHRYSTON. krth Lanarkshire Council 3ron Way, Cumbernauid G67 1DZ relapnow oim 7~131 Far 012J6 1w2 MAPREF NS 6970 47
Any dwelling to be erected on this site should be of a scale and design appropriate to this gap site and to its setting on Chryston Main Street. Due to the limited witdth of this site the proposal has not satisfied these requirements. It is, therefore, recommended that planning permission be refused.
RECOMMENDATION: Refuse for the following reasons:
1. The design of the proposed dwelling is below the standard required for a gap site in this setting in that it is out of keeping with the surrounding buildings and will adversely affect the streetscape and character of the surrounding area.
2. That should this application be approved a precedent may be set which will lead to inappropriate development on gap sites.
Background Papers:
Application form and plans Strathkelvin District (Southern Area) Local Plan 1983 Strathkelvin District Local Plan (Finalised Draft) 1995 Northern Corridor Local Plan approved 1998 Consultation Responses - West of Scotland Water, 8th June 1997 The Coal Authority, 9th June 1997 Letters of objection from: I A McPherson, 5 Dornoch Place, Chryston dated 27/5/98 and 2/6/98 Mr D Gaitens, 76 Pentland Road, Chryston dated 3/6/98 Mr A Payne, 1 Domoch Place, Chryston dated 3/6/98 M Hunter, 7 Dornoch Place, Chryston dated 9/6/98 Mr C Hone, 159 Chryston Road, Chryston dated 8/6/98 Mr&Mrs J Brown, 80 Pentland Road, Chryston dated 3/6/98 Mr W McGrath, 84 Pentland Road, Chryston dated 4/6/98 Mr S Kidd, 120 Main Street, Chryston dated 9/6/98
Any person wishing to inspect these documents should contact Sandra Davies at 01236-616466. 48 APPLICATION NO.: N/98/00754/FUL
1.0 PROPOSAL AND SITE 1.1 The application is for the erection of a one and a half storey dwelling at 122 Main Street, Chryston. This is a gap site which lies adjacent to a traditional cottage on one side and a further narrower gap site on the other.
1.2 The application site is covered by Unaffected Areas polices as defined by both the Strathkelvin District Southern Area local Plan adopted May 1983 and the Strathkelvin District Local Plan Finalised Draft approved August 1995. In addition, the site is covered by residential polices HG3-5 as defined by the Northern Corridor Consultative Draft Local Plan approved April 1998. The proposal is in accordance with Local Plan policy.
1.3 Although not a Conservation Area, this part of Main Street, Chryston possesses special character in that it represents a traditional Scottish streetscene. The dwelling adjacent to the site is an old cottage. Beyond the existing gap site to the east, there is a block of 2 storey flats. Although constructed recently this building sits comfortably with its neighbours and exhibits a number of traditional features including window banding and recessed windows. The prospect of a quality infill at this site thus provides an opportunity to improve this sensitive area.
2.0 SITE HISTORY 2.1 In September 1994 a planning application for 6 flats and 11 townhouses was refused. The application site in this case included the two gap sites. In August 1997 an application for the erection of a single dwelling was withdrawn due to difficulty of establishing in an acceptable form of development.
3.0 OBJECTIONS AND CONSULTATIONS 3.1 In total 9 objections have been received. The points of objection are summarised below:
0 development will leave unsightly gap site loss of privacy of residents in houses to rear 0 detrimental effect on the natural environment ie trees felled / habitats lost 0 house squeezed onto small, narrow piece of land 0 would make adjacent site undevelopable design not complimentary to adjacent properties
3.2 With reference to the first objection noted above, the development of this site will have the effect of leaving the adjacent gap site undevelopable and this may be to the long term detriment of the character of this area of Chryston. Such a factor could not however be used as a reason for refusal of planning permission as the possibility exists that an alternative use could be found for this site. No adverse representations from consultees have been received.
3.3 A number of identical representations related to the loss of trees and the natural environment. The trees on the site are not covered by a Tree Preservation Order. In addition, the Council’s Leisure Services Department were consulted. The Conservation and Greening Section of this Department have advised that they consider that this site is suitable for development.
3.4 The two points of objection which relate to the design of the dwelling do appear to be valid planning considerations and these are discussed later in this report.
4.0 OBSERVATIONS 4.1 While this application is not contrary to Local Plan policies, there is concern over the design of the proposed dwelling and its potential effect on the character and amenity of this part of Chryston. Sections of Policy HG5 of the Northern Corridor Consultative Draft Local Plan are relevant. This policy states that “Planning applications for residential development will take account of the 49 following matters ...The density, layout and house types should be compatible with the local area and should have no detrimental effect on the existing local character and amenity. In this respect the relationships between the proposed development and surrounding land uses will be an important consideration, particularly in terms of protecting the amenity of neighbouring properties”.
4.2 The site has a frontage of approximately 12.5 metres and a depth of 75 metres. The existing buildings on the street are built directly onto the footway and it is therefore desirable that the proposed dwelling does not diverge too much from the building line. Therefore, in order to accommodate the required two off-street car parking spaces it is necessary to have a driveway which runs down the side of the dwelling. This has resulted in a dwelling with a frontage width of approximately 9.1 metres and a depth of 17 metres.
4.3 The dwelling is gable end on to the street and contains a second floor within the roof space using Velux windows. This is essentially a modem design of building with a few piecemeal traditional features added. The orientation of the building also appears incongruous with the other buildings on Main Street. While gable end on buildings are a traditional feature in many Scottish towns, this proposal merely resembles a modern dwelling which has been squeezed onto the plot. The orientation of the building also has consequences for the positioning of the windows and it is considered that these will be detrimental to the amenity of the dwelling.
5.0 CONCLUSION 5.1 In conclusion, although this dwelling complies with the transportation and building line requirements of this site, its design is incompatible with the traditional streetscape of this area of Chryston. This is one of the oldest parts of the village and it is considered to be of the utmost importance to maintain its character and residential amenity. It is therefore recommended that planning permission be refused. 50
Application No: N/98/00783/FUL
Date Registered: 1st June 1998
APPLICANT: COUNTY PROPERTIES & DEVELOPMENT LTD, 16-32 BERKELEY STREET, GLASGOW, G3 7DW
Agent: The McLennan Partnership, Bumside House , Beech Avenue, High Bumside, Glasgow, G73 4FU
DEVELOPMENT: CHANGE OF USE FROM LEISURE TO CLASS 1, (RETAIL)
LOCATION: HOLLYWOOD BOWL NORTH CARBRAIN ROAD CARBRAIN CUMBERNAULD G67 1EU
Ward: 58
Grid Reference: 276206 674587
File Reference: MS
Site History: No Applications of Relevance
Development Plan: Cumbernauld Local Plan - Policy SH1 Contrary to Development Plan: No
CONSULTATIONS:
Objection: No Objection: NLC Director of Leisure Conditions: No Reply:
REPRESENTATIONS:
Neighbours: No Response Newspaper Advertisement: Not Required
COMMENTS: The applicants propose to change the use of the former tenpin bowling centre to Class 1 Retail. The application property is within the town centre area and the proposed use therefore accords within Local Plan Policy. The existing parking provision is deficient both in terms of the existing Class 11 Assembly and Leisure Use and the proposed Class 1 Retail Use. It is not possible to improve the situation to any significant degree within the confines of the existing site. Given this situation and the desirability of providing better links to the existing town centre retail uses, it is considered appropriate to apply planning conditions requiring the layout of the building to be altered such that the main access is from the town centre side of the building, rather than from the North Carbrain Road side as at present. I 51
I I I I I 52
RECOMMENDATION. Grant, subject to the following conditions:
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That before the change of use hereby approved is implemented, a revised layout and elevational details for the building shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:- (a) elevational details of a new proposed main pedestrian access to the building from Tryst Walk; (b) details of the proposed internal layout of the building as designed to accommodate the new main access required in terms of (a) above; (c) details of any revision to the North Carbrain Road elevation of the building required as a result of the changes proposed under the terms of (a) and (b) above.
Reason: In the interests of road safety, pedestrian safety and the proper planning of the area.
3. That before the change of use hereby approved is implemented, the scheme approved under the terms of Condition 2, above shall be completed to the satisfaction of the Planning Authority.
Reason: In the interests of road safety, pedestrian safety and the proper planning of the area.
4. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) details of the phasing of these works. 53
Reason: In the interests of the visual amenity of the area.
5. That within one year of the occupation of the Use hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 4 above, shall be completed and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within three years of the completion of the development, shall be replaced within the following year with others of a similar size and species.
Reason: In the interests of amenity.
6. That the customer access to the retail unit provided under the terms of Conditions 2 & 3 above shall be maintained as such and remain available for customer use, unless otherwise agreed in writing by the Planning Authority.
Reason In the interests of the proper planning of the area and for the avoidance of doubt.
Background Papers: Application form and plans received 1st June 1998
Any person wishing to inspect these documents should contact Mary Stewart at 01236 616473. 54
Application No: N/98/00789fMIN
Date Registered: 2nd. June 1998
APPLICANT: DULLATUR GOLF COURSE, GLEN DOUGLAS DRIVE, CUMBERNAULD
Agent: Keppie Planners, 160 West Regent Street, Glasgow
DEVELOPMENT: GROUND RECONDITIONING WORKS BY INFILLING AND RELATED GOLF COURSE ALTERATION
LOCATION: LAND AT AUCHINBEE QUmY, DULLATUR GOLF COURSE, 1A GLEN DOUGLAS DRIVE, CRAIGMARLOCH, CUMBERNAULD
Ward No: 55 Grid: 273993 - 676208 File Reference: JR Site History: None
Development Plan: Zoned - EN18 Sites of Nature Conservation value; presumption against development
EN31 - Sites for new open spacehecreational uses
C Dullatur Golf Course extension
in the Cumbemauld Local Plan (Adopted) 1993.
Contrary to Development Plan: No
CONSULTATIONS:
Objection: No Objection: West of Scotland Water Conditions: Scottish Wildlife Trust, Scottish Natural Heritage, East of Scotland Water, Transco No Reply: Scottish Power, SEPA
REPRESENTATIONS:
Neighbors: One Representation from a neighbouring house Newspaper Advert: No response
COMMENTS: This application has been submitted by Dullatur Golf Course for the infilling of the abandoned Auchinbee Quarry with 40,000 cubic metres of inert material from demolition and construction sites. The proposals also indicate that once filled, the quarry would then become part of the existing golf course which borders the site to the north, east and west.
RECOMMENDATION: Grant, subject to the following conditions:- I 55 56
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1. That the development hereby permitted shall be commenced within one year from the date of this consent and the operator shall give the Planning Authority at least seven days notice of their intention to commence on the infilling works shown on the approved plan or preparatory works relating to the access to this site.
Reason: In order that the Planning Authority may make appropriate arrangements to monitor the operations and to take into account any change of circumstances.
2. That the infill operations hereby permitted shall be discontinued within two years of the commencement date, such date to be agreed in writing with the Planning Authority prior to the commencement of tipping on site.
Reason: To define the permission and accord with the approved method statement.
3. That all the works required for the reinstatement of the site shall be completed within three years of the commencement date as agreed in Condition (2).
Reason: To define the permission.
4. That all operations within the site, including, for the avoidance of doubt, site preparation and restoration, for which planning permission is hereby granted shall take place only between the hours of 8.00 a.m. and 6.00 p.m. Monday to Friday and 8.00 a.m. and 1.00 p.m. on Saturdays, and there shall be no working of any kind on Sundays or public holidays.
Reason: In the interest of amenity.
5. That the only material which may be tipped within the site shall be inert excavations from demolition and construction sites and no household, light industrial waste, special wastes or putrescible materials of any kind shall be tipped at the site.
Reason: To define the permission and in the interests of public safety.
6. That the methods used for infilling the site shall be in accordance with the working/operation statement approved as part of this consent and no omission of any part of these operations shall be carried out without prior written consent of the Planning Authority.
Reason: To define the permission and in the interests of public safety. 57
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7. That full details of the access and turning areas shown hatched red on the approved plans shall be submitted to and approved in writing by the Planning Authority prior to works commencing on site and for the avoidance of doubt that shall include details of the surface material, drainage and gradients of the proposed access road.
Reason: To ensure satisfactory vehicular access to the site.
8. That prior to works commencing at the site, details of the design and location of all gates and fences to be erected at the site shall be submitted to and approved by the Planning Authority.
Reason: In the interests of public safety.
9. That prior to the commencement of tipping, all gates and fences approved under Condition 8 shall be erected.
Reason: In the interests of public safety.
10. That notwithstanding the generalities of Condition 8, that the line of the fence shown outlined blue on the approved plans shall be agreed on site prior to works commencing and thereafter the approved fence shall form the limit to all operations and activities within the site.
Reason: In the interests of amenity.
11. That a scheme of landscaping for the area hatched orange on the approved plans shall be submitted to, and approved by, the Planning Authority within one year of the commencement of the tipping operation and it shall include:-
a) details of any earth moulding, hard landscaping, grass seeding and turfing. b) a scheme of tree and shrub planting, incorporating details of the number, variety and size of trees and shrubs to be planted. c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development; and d) details of the phasing of these works.
Reason: In the interests of visual amenity of the area.
12. That/ 58
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12. That within two years of the cessation of the tipping, all planting, seeding., turfing and earth mounding included in the scheme of landscaping and planting approved under the terms of Condition 11 above, shall be completed and any trees, shrubs or areas of grass which die are removed, damaged or become diseased within two years of the planting and seeding being completed shall be replaced in the next planting season with others of a similar size and species.
Reason: In the interests of amenity.
13. That within two months of the cessation of tipping, a timetable setting out the periods within which all plant, machinery, buildings, hardstandings and access roads connected with the operations hereby permitted are to be removed from the site shall be submitted to and approved in writing by the Planning Authority.
Reason: These details have not been submitted.
14. That all plant machinery, building hardstandings and access roads shall be removed from the site in accordance with the timetable approved under the terms of Condition 13 above, unless otherwise agreed in writing with the Planning Authority.
Reason: To secure the satisfactory reinstatement of the site.
15. That any significant increase in dust levels or noise levels which affect the adjoining land use or land users shall cause the operation(s) responsible for the increase to be suspended until such times as remedial measures, agreed with the Planning Authority, have been implemented.
Reason: In the interests of amenity.
16. That warning signs shall be erected around the site, at position($ agreed with the Planning Authority prior to the commencement of any works, warning the public not to enter the site and these signs shall be maintained in these positions throught the period of the operations hereby permitted
Reason: In the interests of public safety. 59
17. That all vehicles and mobile plant within the site shall be fitted with effective engine noise and exhaust silencers. These and all other devices fitted as standard to vehicles or mobile plant for noise reduction purposes, shall be used at all times and maintained in good working order to the satisfaction of the Planning Authority.
Reason: In the interests of amenity.
18. That all vehicles for works on site which require to be fitted with a reversible audible warning system, should be of a type which automatically adjusts its noise level to 5dB(a) above the ambient noise level to the satisfaction of the Planning Authority.
Reason: In the interests of safety.
19. That prior to the commencement of tipping, a wheel cleaning grid, of a design and in location all to be agreed with the Planning Authority, shall be installed and thereafter maintained throughout the duration of the operations hereby permitted.
Reason: To prevent mud or detritus being carried onto the public highway to the detriment of road safety.
20. That no more than one temporary haul route, the exact location of which has been agreed in writing with the Planning Authority prior to work commencing on site, shall be used for the tipping operations.
Reason: In the interests of amenity.
21. That road cleaning equipment shall be available on site at all times.
Reason: In the interests of road safety.
22. That notwithstanding the generalities of the consent hereby permitted, no blasting shall be permitted on site.
Reason: In the interests of amenity.
23. That there shall be no burning of material on the site.
Reason: To safeguard the amenity of the area. 24. That/ 60
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24. That the gates marked X-X on the plans hereby approved shall be a minimum of 15m into the site from the road edge.
Reason: In the interests of road safety.
25. That the access road hereby approved shall be paved for a minimum length of 30m, into the site from the road edge, over a width of 7m.
Reason: In the interests of road safety.
26. That the area of exposed rock extending to approximately 50m in length and shown coloured yellow on the approved plans be left exposed for a height of 2-3m.
Reason: To safeguard the amenity of the area.
27. That the areas shown coloured green on the approved plans shall be protected by a means to be agreed in writing with the Planning Authority, prior to work commencing on site, throughout the period of the operations hereby permitted.
Reason: To safeguard the amenity of the area.
28. That a sign, the location of which shall be agreed in writing with the Planning Authority prior to work commencing on site, shall be erected at the defined access point informing drivers to turn left when vacating the site and shall be maintained in this position throughout the period of this consent.
Reason: To safeguard the amenity of the area.
NOTES TO COMMITTEE:
(1) The planning consent shall not be issued until the applicant has delivered a satisfactory Bond of Caution in respect of the restoration of the site.
(2) This application was advertised in terms of Section 30 of the Town and Country Planning (Scotland) Act 1997. No letters of objection were received.
(3) That an Agreement, in terms of Section 96 of the Roads (Scotland) Act 1984, shall be entered into regarding maintenance expenses for the affected section of road. A joint condition survey of the road affected to be arranged before and after the works.
(List of Background Papers: Application Form and Plans Auchinbee Quarry, Dullatur: Ecological Survey and Assessment: May 1998 The Cumbernauld Local Plan (Adopted) 1993 Consultation reply from West of Scotland Water dated 11 th. June 1998 61
Memo from Environmentai Services dated 10th. June 1998 Representation from Mr. J. Smith, 62 Glenfyne Road, Cumbernauld dated 15th. June 1998 Memo from T ansportation (Northern) dated 23rd. June 1998 Consultation rlply from Scottish Wildlife Trust dated 26th. June 1998 Consultation reply from Scottish Natural Heritage dated 25th. June 1998 Consultation reply from East of Scotland Water dated 25th. June 1998 Memo from leisure Services dated 16th. June 1009 Memo from leisure Services dated 18th. June 1998 Memo from leisure Services dated 13th. July 1998 Consultation Reply from Transco dated 20th. June 1998. Any person wishing to inspect these documents should contact Jim Ravey on 01236-616479. 62
APPLICATION NO: N/98/00789/MIN
1.o PROPOSAL AND SITE
1.1 This application has been submitted by Keppie Planners, on behalf of Dullatur Golf Course, for the infilling of the site known as Auchinbee Quarry, Cumbemauld. The site lies to the north of the A80 in the northem extension of the former Cumbemauld New Town.
1.2 The quarry, extending to approximately 1.79 ha, is located on the southern edge of Dullatur Golf Course. It is bound on the north, east and west by the aforementioned Golf Course. To the south lies a vacant site, currently owned by Persimmon Homes, which under the Cumbernauld Development Corporation Eastern Extension Area 6(1) has “outline” permission for residential purposes. However, no definite proposals has been submitted as yet and the site is currently lying vacant. Also lying approximately 70m to the south west of the existing quarry is the newly constructed housing forming part of the Craigmarloch “High Street” housing estate.
1.3 The quarry ceased being an operational extraction site some considerable time ago (at least 30 + years). Partial infilling of the quarry was carried out in the early 1990’s by Cumbernauld Development Corporation when road and service infrastructure was being implemented in connection with the Craigmarloch Housing Estate. The excess material generated by these works was used as the infill material.
1.4 The quarry today lies relatively remote from the surrounding land uses. No obvious direct access can be gained either from the adjoining housing or from the Golf Course. Within the remains of the existing quarry is a sheer exposed rock face rising approximately 7m from the base of the quarry on the Golf Course, up to the housing site to the south.
1.5 The application submitted by Dullatur Golf Course has been lodged to alleviate one existing problem and one problem which may arise in the future:-
a) The quarry “eats” into the existing layout of the Golf Course. The first tee and green lies immediately to the east of the quarry. Access to the second tee can at this moment in time be gained by traversing a very steep and meandering path. The alternative access, along a less steep section of the Golf Course, adds approximately 500m to the distance from the first green to the second tee. The quarry if infilled will allow the second tee and fairway to be repositioned and traverse the quarry site, thus negating the steep climb or ‘/&m diversion.
b) As previously mentioned, the site to the south of the quarry is owned by Persimmon Homes. The boundary of the housing site to edge of the quarry ranges from 1-3m. Whilst I have no definite layout of the housing proposed for this site, it is apparent that the proximity of a 7m rock face to a residential area may present safety problems once the housing is implemented. The infilling of the quarry would alleviate any anticipated problems in this area.
1.6 The proposals that have been submitted indicate that the access to the quarry site will be from the existing Glen Fyne Road, across the Persimmon Housing site. The tipping would then, from the higher lip of the quarry, proceed in a west and northerly direction. It is anticipated that approximately 40,000 cubic metres of inert demolition material will be used to fill the quarry, generating up to 50160 loads per day over a two year period.
1.7 In response to a request from this department the submitted scheme includes a detailed assessment of the site’s ecology, together with proposals to mitigate the impact of the proposed works and restoration measures. 63
1.8 The site in the Cumbemauld Local Plan (Adopted) 1993 is zoned thus
“EN18:- Site of nature conservation value: presumption against development EN26: Significant areas of open space: limited development allowed EN31: Sites for new open spacehecreation uses: C Dullatur golf course extension.”
2.0 CONSULTATIONS AND REPRESENTATIONS
2.1 The site has been the subject of a number of consultations due to its location and status as a site of nature conservation value. Listed below are the consultees and their responses.
2.2 Environmental Health have no objections to the proposals.
2.3 West of Scotland Water have indicated that there are no public sewers or ancillary sewage apparatus within the area. No objections.
2.4 The Transportation Section of North Lanarkshire Council have no objections subject to conditions:-
“The site routing to/from the site should be via Craighalbert roundabout on Eastfield Road.
An agreement in terms of Section 96 of the Roads (Scotland) Act 1984, shall be entered into regarding maintenance expenses for the affected section of road. A joint condition survey of the road affected to be arranged for before and after the works
Gridded wheel washing facilities will be required with the site.
The access road to be paved across its entire width between the wheel washing facility and the road junction.
A minimum length of 30m from the junction to be paved, over a width of 7m.
The access road to be formed at as shallow a gradient as possible in order to minimise noise from loaded vehicles.
Any gates shall be erected a minimum of 15m into the site from the road edge”.
2.5 The Scottish Wildlife Trust noted that the site was part of a Site of Importance to Nature and objected in principle. However, this organization recognized that previous infill works has negated the ecological importance of the quarry site and therefore sensitive restoration proposals, with native species, would satisfy their concerns over the works being carried out.
2.6 Scottish Natural heritage have no objection to the proposals subject to the following matters:-
“ 1) That the development is carried out strictly in accordance with the terms of the application as submitted.
2) Any modifications, amendments or revisions are notified to and agreed by SNH prior to acceptance of the variations. 64
3) Conditions in respect of the following matters are attached to any planning consent:-
a) The northern scrub band as described in the ecological survey and assessment is demarcated by a trained ecologist and fenced prior to the infilling work taking place.
b) No work to take place within the area demarcated as the northern scrub band.
c) A section of rock face at least 50 metres in length and 1.5 metres in height is retained along the western edge of the quarry.
d) The area currently occupied by the existing trees and access path should be fenced and allowed to revert to scrub woodland.
e) An environmental plan is produced by the applicant for the whole Golf Course.
2.7 East of Scotland Water have advised that a water main crossing the proposed access road which may require protection.
2.8 North Lanarkshire Council Landscape & Design Section have commented that whilst they have no objections to the proposals, further details of the landscape restoration measures will be required.
2.9 North Lanarkshire Council Conservation and Ecology have commented that the site does have an interest from an ecological viewpoint and have recommended the following:-
“Retention of the acidic grassland strip above the rock face, with a buffer strip of mature trees and shrubs.
Protection of woodland and heathland habitats to the east and north of the new tee. In the case of the Oak woodland spur to the east this should include selected planting of native Oaks.
Retention of a section of rock face 50 metres in length, preferably more than 2 metres high is recommended. There are many examples where a much greater height of rock face has been permitted to advantage (e.g. Westerwood Golf Course, Craigmarloch Quarry Recreational Area, etc.)
Proposals to promote nature conservation throughout the golf course are mentioned in the Ecological Assessment Report. We have also recommended that this approach be taken.”
2.10 Transco have indicated that a 180 mm PE pipe is located adjacent to Glen Fyne Road across the intended access.
2.1 1 A letter of representation has been received in reaction to the neighbour notification process from Mr. Smith of 62 Glen Fyne Road. Whilst not objecting to the proposals Mr. Smith recommends that access and egress to the application site be only taken from Craighalbert Roundabout. This has been suggested for the following reasons:-
“1) A much shorter distance from Craighalbert roundabout to the point of entry to the quarry.
2) Less disturbance for residents living directly on Glen Fyne Road.
3) Safety of children living on Glen Fyne Road. 65
4) There are no houses on one side of the stretch of road between Craighalbert Roundabout and quarry entrance, houses on either side are sited well back.
5) Less dirt and dust on the road to keep clean
6) Less traffic calming humps to negotiate and therefore damage. It should be noted that traffic- calming humps are already damaged without the addition of the proposed heavy traffic.
3.0 OBSERVATIONS
3.1 With regard to the points raised in the consultations and representation received in reaction to the submission of this proposal I would wish to advise the Committee of the following
3.2 I will notify the applicant, through their agent, that East of Scotland Water and Transco have plant within the boundaries of the application site and that direct contact should be made to both companies to discuss any mitigation measures deemed appropriate for the protection of their plant.
3.3 In relation to the conditions suggested by the Transportation Section (Northern Division). I have been in discussion with the applicant and their agents who have verbally agreed that a joint survey of the public highway, under the terms of Section 96 of the Roads (Scotland) Act 1984, from the Craighalbert Roundabout to the entrance to the quarry site is acceptable, and that this is the only route which will be used by plant accessing and leaving the site. Other requirements forwarded have been included in the conditions which are recommended earlier in this report.
3.4 The recommendations presented by the Scottish Wildlife Trust have been discussed with the applicant and their agents. The discussions have concluded that the applicant is willing to implement proposals which will create or sustain suitable environmental conditions for the restoration, planting and/or natural regeneration of native species.
3.5 The observations submitted by Scottish Natural Heritage NLC Landscape Design and Ecology/Conservation are acceptable and have been included in the conditions recommended by this report.
3.6 The route suggested by Mr. Smith in his representation will be achieved through the joint condition of road survey recommended earlier in this report. Further conditions will seek to direct that vehicles leaving the site will only turn left and will carry no dirt or detritus material onto the public highway. In the event that such measures prove inadequate, road cleaning equipment is available to remedy the problem. It should be noted, however, that it is not appropriate for a planning condition to be imposed preventing vehicles using part of the public highway.
4.0 PLANMNG ASSESSMENT AND CONCLUSION
4.1 The quarry, as mentioned in this report, currently sits isolated from both the golf course and existing housing. This application has been submitted by Dullatur Golf Course to alleviate a problem currently being experienced with the circulation and desire lines of the current course layout. The steep and tortuous route between the first and second tee is proving to be a particular problem for older members of the club.
4.2 As pointed out in the report the relative isolation of the quarry cannot be guaranteed in the future. The housing developer, or their successors, who own the land to the south of the quarry, at this moment in time, have no definite plans or timescale to implement new housing on the site. However this situation is unlikely to remain. At some time in the future a new residential estate will be constructed on this site. Whilst mitigating measures could be taken when definite proposals are submitted in relation to housing layout and boundary treatment, it is anticipated that the proximity of 66
a 7 metre rock face to the new housing would potentially create a conflict of land uses. It should also be added that once new housing has been implemented access to the quarry to carry out the development proposals which are the subject of this report will be severely limited.. This proposal would mitigate the conflict of land interests at a time when the quarry is still relatively accessible.
4.3 These operations and the vehicle movements associated with these works will generate additional activity in this area. The site itself, however, is 100 metres from the nearest house, with the access road being between 35 metres and 150 metres from the neighbouring dw/Alings. In these circumstances, and as there are longer term benefits which can be derived from the scheme, then I do not consider that on balance these issues should prevent the the development proceeding.
4.4 From the replies received through the consultation process, both internal and external, concerns have been expressed over the ecological significance of this site. However previous infill has negated some of the value placed upon this site from an ecological perspective. The sensitive restoration of the site with native plant species and the retention of existing ecologically sensitive sites will mitigate against the impact of the infill proposals. These measures are all described in the applicant’s ecological study which will form part of the approved scheme.
4.5 I would therefore deem that the proposals to recontour the quarry by infilling and subsequent restoration are both timeous and acceptable and recommend that planning permission be granted subject to conditions. 67 Application No: N/98/00809/FUL
Date Registered: 8th June 1998
APPLICANT: MR J O’DONNELL, 58 WEMYSS DRIVE, BLACKWOOD, CUMBERNAULD, G68 9NP
Agent: Ian Darby Partnerships, Custom House, 298 Clyde Street, Glasgow, G1 4JP
DEVELOPMENT: GARAGE EXTENSION TO DWELLINGHOUSE AND ERECTION OF DWELLINGHOUSE AND GARAGE
LOCATION: 58 WEMYSS DRIVE, BLACKWOOD, CUMBERNAULD
Ward No: 61 Grid Reference: 272448674241
File Reference: IE
Site History:
Development Plan: Cumbernauld Local Plan Policies HG5, SH6, PS2 - Sites for new housing development.
Contrary to Development Plan: No
CONSULTATIONS:
Objection: None No Objection: Scottish Power, British Gas, West of Scotland Water, East of Scotland Water, Department of Leisure Services Conditions: Department of Environmental Services No Reply: None
REPRESENTATIONS:
Neighbours: Seven letters of objection includmg one from the BlackwoodKraiglinn Community Council Newspaper Advert: Not required
COMMENTS: Whilst letters of objection have been submitted by neighbours I do not consider any of the grounds to be sufficiently strong to merit refusal (all as discussed in attached report). I recommend approval subject to the stated conditions.
RECOMMENDATION: Grant, subject to the following conditions
1) That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2) That/ i/ss/trudy/comaps98/9800809 68
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That before the development hereby permitted starts, full details of the design and location of all fences and wall to be erected shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: To enable the Planning Authority to consider these aspects in detail.
3) That before the dwellinghouse hereby permitted is occupied, all the fences and walls, as approved under the terms of condition 2 above, shall be erected.
Reason: To safeguard the amenity of future residents
4) That the facing materials to be used for the external walls and roofs shall exactly match those of the existing dwellinghouse on the site except as otherwise may be agreed in writing by the Planning Authority.
Reason: In the interests of the visual amenity of the area.
5) That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, neither of the integral garages shall be altered for use as a habitable room.
Reason: To enable the Planning Authority to retain effective control and ensure the provision of adequate parlung facilities within the plot.
6) That before either the garage or dwellinghouses and garage hereby permitted is completed or brought into use, the appropriate means of vehcular and pedestrian access shall be constructed in accordance with the approved plans.
Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings.
7) That the hours of operation of construction works shall be restricted to fall within the hours between 8.OOam and 6.OOpm Monday to Friday, 8.00am and 12 noon on Saturdays and no working on Sundays and public holidays.
Reason: In the interests of the amenity of adjacent residents.
List of Background Papers
Application Form and Plans Cumbernauld Local Plan Letter from Mr Kenneth A Scott, 54 Wemyss Drive, Blackwood, dated 1lth. June 1998 Letter from Mr & Mrs G Fothergill, 37 Gartshore Gardens, Blackwood, dated 10th. June 1998 Letter from Mr Iain W Murray, 39 Gartshore Gardens, Blackwood, dated 9th. June 1998 Letter from British Gas Transco, dated 23rd. June 1998 i/ss/trudy/cornaps9819800809 70 -3-
Letter from West of Scotland Water dated 22nd. June 1998 Memo from Director of Environmental Services, dated 24th. June 1998 Letter from Mr Jim O’Donnell, 58 Wemyss Drive, Blackwood, dated 23rd. June 1998 Letter from Elaine Stewart, 33 Gartshore Gardens, Blackwood, received on 1 lth. June 1998 Letter from P Belben, 50 Wemyss Drive, Blackwood, dated 6th. June 1998 Letter from William Livingstone, 35 Gartshore Gardens, Blackwood, dated 5th June 1998 Letter from East of Scotland Water, dated 29th. June 1998 Memo from Transportation Manager, dated 3rd. July 1998 Memo from Director of Environmental Services, dated 6th. July 1998 Letter from Scottish Power, dated 2nd. July 1998 Memo from Director of Leisure and Recreation, dated 6th. July 1998 Letter from BlackwoodCraiglinn Community Council, dated 9th. July 1998
Any person wishmg to inspect these documents should contact Iain Ewart on 0 1236 6 16472. 71 APPLICATION NO: N/98/00809/FUL
1. PROPOSAL AND SITE
1.1 It is proposed to erect a single garage with a pitched roof onto the side of the existing detached house at 58 Wemyss Drive, Blackwood. There i.s adequate room for the garage, the finishes of which will match the existing house. The proposal to erect the garage is uncontentious and is acceptable.
1.2 The house at 58 Wemyss Drive has a large garden to the side which used to have two trees whch were the subject of a T.P.O. and presumably the housing layout was so designed to accommodate the retention of these trees. However, following surveys of the trees consent was given for their removal in 1995/1996 thus their removal removing the physical impedment to the development of the site. Accordingly the site owner has now submitted this application for the erection of a two storey 6 apartment villa with single integral garage, styled and with finishes to harmonise with the existing house on the site.
. 1.3 The site is withm a residential area in the Cumbernauld Local Plan.
2. CONSULTATIONS
2.1 Scottish Power, British Gas Transco, West of Scotland Water, East of Scotland Water and the Department of Leisure Services have been consulted and offer no objections.
2.2 The Department of Environmental Services ask that condtions be attached to control the hours of building operations. The Transportation Manager is satisfied with the proposals.
3. OBJECTIONS
3.1 Seven letters of objection, six from neighbours and one from the Community Council, have been submitted.
3.2 The grounds of objection can be summarised as follows:
a) The proposed new house will overshadow adjacent gardens, restrict natural light and be too close to existing houses.
b) The proposed house will compromise the privacy of adjacent residents and cause claustrophobia.
c) Wemyss Drive has an existing problem of available space for cars which will be exacerbated by ths proposal.
d) If approved, the building works will be troublesome for neighbours, through noise, pollution, traffic congestion and risk to young children.
e) There are no other 4 bedroomed houses in thls estate.
0,The proposal, if approved, will have an adverse effect on property values.
g) Due to site topography the proposal could cause drainage problems.
h) Trees in adjacent gardens will go into shock due to the building works and will die and will have to be removed.
i) The trees which were previously in the garden have been removed for unknown reasons and have not been replaced. j) The/
i/ss/tntdy/cornaps98/9800809 72 -2-
j> The proposed house could potentially interfere with a neighbours’ satellite TV reception.
4. OBSERVATIONS
4.1 Takmg the above grounds of objections in turn would comment as follows:-
a) The proposed house will be two metres from the garage of the donor house. On the other side it is at least four metres from its side boundary and is at least fourteen and a half metres from any other house. Ths is in an estate where the distance to the side boundary is commonly less than two metres with houses three metres apart. Th~sdoes not suggest that the proposal represents a lowering of lighting or space standards.
b) As it is people can easily see into their neighbours gardens from upper floor windows and the proposed house will be no different. Of slight concern is that front ground floor living room window faces the side of an adjacent plot. However it is thirteen metres from that boundary which has an 1800mm high fence along it. Therefore I foresee no reduction in privacy standards.
c) The proposed house plot has adequate hardstanding and should not result in any significant on street parking, therefore available space on the public road should not reduce.
d) Development should not be thwarted because of a temporary requirement for construction traffic. Hours of worlung can be restricted by condition.
e) In scale, design and appearance the proposed house conforms, therefore whether it has three or four bedrooms is immaterial to the consideration of the application.
f) Thls is not a planning matter.
g) I cannot see why if normal surface water disposal techniques are used, any drainage problems should arise. Thls will also be a matter dealt with through the Buildmg Warrant process.
h) Building works will not encroach into adjacent gardens.
1) Of the two trees which were there one had died back considerably and the other had Dutch Elm disease. When consent was granted to remove the trees, there was no requirement to replace them.
j) I would anticipate that if reception is affected that the dish could be adjusted or moved to . overcome the problem. I do not consider that such a problem would merit refusal of this application.
5 CONCLUSION
5.1 Whilst this proposal seems to have caused opposition in the locality an examination of the grounds of objection reveals that, in essence, there is no fundamental reason to refuse the application. The opposition seems to be more of an emotive response to the proposal. Whatever the case 1 see no planning reasons to refuse this application and recommend approval. 73 Application No: N/98/00878/FUL
Date Registered: 19th June 1998
APPLICANT: DAVID LOFUMER, 30 MAREE DRIVE, CONDORRAT
Agent:
DEVELOPMENT: ERECTION OF TIMBER FENCE AT REAR OF PROPERTIES
LOCATION: 24-30 MAREE DRIVE, CONDORRAT, CUMBERNAULD
Ward No: 62 Grid Reference: 273643 673384
File Reference: GLA
Site History: No Known History
Development Plan: Zoned as “Residential” in the Cumbemauld Local Plan (Adopted) 1993
Contrary to Development Plan: No
CONSULTATIONS:
Objection: No Objection: West of Scotland Water and East of Scotland Water Conditions: No Reply:
REPRESENTATIONS:
Neighbours: Two objections from neighbouring houses Newspaper Advert: Not Required
COMMENTS: The application is for the erection of a timber fence to the rear of properties at 24-30 Maree Drive, Condorrat, Cumbernauld. The fence already exists at the rear of number 30 and it is the intention of the applicant to continue it along the rear of numbers 24-28. The enclosed report includes a summary of the two objections received and my comments on the matters they raise. I do not consider that grounds of objection merit refusal of the application and I would recommend that planning permission be granted subject to conditions.
RECOMMENDATION: Grant planning permission subject to the following conditions:
1. That the development hereby permitted shall be started, within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1972.
2. That the timber fence shall be treated so it is stained a ‘dark oak’ colour to match existing fences in the area.
Reason: In the interests of the visual amenity of the area. 3. Thatl ilsslcomaps98l9800878
75 -2-
3. That the staining of the existing section of fencing, the boundary which is marked green on the approved plans shall be completed within two months of the date of this permission and the staining of any subsequent section of fence constructed shall be completed with three months of the date of its erection.
Reason: In order to safeguard the amenity of the surroundmg area and to allow inspection of the finished works.
List of Background Papers
Planning Application forms and plans received on 19th. June 1998. . Letter of objection from Mr and Mrs Baxter, 60 Maree Drive, Condorrat dated 29th. June 1998. Letter of objection fiom Mr Traquair, 64 Maree Drive, Condorrat dated 28th. June 1998.
Any person wishmg to inspect these documents should contact Gillian Anderson on 01236 - 616478
iiss/comaps98/9800878 76 APPLICATION NO: N/98/00878/FUL
I. PROPOSAL AND SITE
1.1 The proposal is for the erection of a timber fence at the rear of properties 24-30 Mare Drive, Cumbernauld, The rear of the properties face onto a public footpath and an area of open space with the front elevation of houses opposite. There is a section of the fence whch has already been erected at the rear of number 30 and it is proposed that the fence will be continued at the rear of numbers 24-28 Maree Drive. The section of the fence which exists is vertical boarding whch at present is untreated.
1.2 The application site is covered by Housing Policy HG 4 - Residential Amenity, as defined by the Cumbernauld Local Plan (Adopted November 1993).
2. CONSULTATIONS
2.1 There were no adverse responses from any of the bodies who were consulted on this application.
3. REPRESENTATIONS
3.1 There have been two letters of objection received in response to the neighbour notification procedure which was carried out relating to thls application. The residents who objected are Mr and Mrs Baxter, 60 Maree Drive and Mr Traquair, 64 Maree Drive, Condorrat. The grounds of objection related to:-
(1) the height of the fence; (2) the design of the fence and (3) the materials which are proposed to be used, which all contribute to it being described as a “barricade”.
For these reasons the residents feel they must object to the proposal.
4. ANALYSIS AND RECOMMENDATION
4.1 The fence is to be approximately 1.8 metres in height and the submission of a formal planning application was necessary because it was to be over 1 metre facing a public footpath. In this particular location the back gardens of the houses dlrectly abut the pedestrian footway and face towards the front of , the houses opposite. The existing one metre hgh fence does not, therefore, give these gardens any privacy. In similar locations throughout thls estate higher fences have already been erected to create enclosed back gardens. In these circumstances I do not consider it would be appropriate or reasonable to - refuse permission on the basis of the height of the fence.
4.2 The design of the fence is vertical close boarding whch does differ from the surrounding fences which tend to be a horizontal open slatted timber style of boarding. If, however, the fence is treated in a similar fashion to those already to be found in the area then I believe this will, in general, provide for an adequate level of unifomity .
4.3 A relevant time condition has been attached to this permission to ensure that the treatment and staining of the existing section of fence will have to occur within two months of the date if the permission and three months for the entire fence to be treated, therefore arriving at a valid compromise for all parties concerned.
4.4 I/
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4.4 I am of the opinion that whist there have been two letters of objection submitted, none of the issues raised provide valid reasons for refusal and I would recommend that planning permission be granted subject to conditions. 78 Application No: N/9 8/00 879/FUL
Date Registered: 19th June 1998
APPLICANT: MRS RITA BURNS, 51 MAREE DRIVE, CONDORRAT, CUMBERNAULD, G67 4LW
Agent:
DEVELOPMENT: CHANGE OF USE OF INDUSTRIAL UNIT TO CHILDREN'S NURSERY AND ALTERATIONS TO THE BUILDING
LOCATION: 8 TELFORD PLACE, LENZIEMILL, CUMBERNAULD
Ward No: 58 Grid Reference: 276040673548
File Reference: IE
Site History:
Development Plan: Cumbemauld Local Plan Policy IB1 - Existing IndustriaUBusiness Areas to be retained
Contrary to Development Plan: Yes
CONSULTATIONS:
Objection: No Objection: West of Scotland Water Conditions: No Reply: Department of Environmental Services
REPRESENTATIONS:
Neighbours: None Newspaper Advert: None
COMMENTS: It is proposed to change the use of and convert an existing vacant industrial unit to a chddren's nursery at 8 Telford Place, Lenziemill. It is located at the end of a cul-de-sac, is very quiet has ample parking and is adjacent to a footbridge over the railway line to South Carbrain. An existing roller shutter door will be iniilled, the rest of the alterations being internal. The nursery will cater for 28 chldren and employ 7 members of staff. The existing parlung and manoeuvring space can cater for this level of activity. Although contrary to the development plan I do not see any potential conflict or problems with this proposal and I would recommend approval.
RECOMMENDATION: Grant, subject to the following conditions:
1) That the development hereby permitted should be started within five years of the date of this pemission.
Reason: To accord with the provision of the Town and Country Planning (ScotIand) Act 1997. 2) That/ ilssltrudy/comaps98/9800879 6L J 80 -2-
That the facing materials to be used for the external walls and roof shall match in colour and texture those of the existing building on the site except as may otherwise be agreed in writing by the Planning Authority.
Reason: In the interests of the visual amenity of the area.
3) That the premises shall be used as a children’s nursery and for no other purpose (including any other purpose in Class 10 of the Schedule to the Town and Country Planning (Use Classes) (Scotland) Order 1997).
Reason: To enable the Planning Authority to retain effective control over future development at the site.
4) That all public access and egress, to and from the building, shall be via the doorway on the front (south western) side of the building.
Reason: In the interests of public safety.
List of Background Papers
Application form and plans Cumbernauld Local Plan Memo from Service Manager, Planning and Building Control, dated 15th. July 1998 Memo from Transportation Manager, dated 15th. July 1998 Letter from West of Scotland Water, dated 21st. July 1998
Any person wishing to inspect these documents should contact Iain Ewart on 0 1236 6 16472 81 Application No: N/98/00880/FUL
Date Registered: 22nd June 1998
APPLICANT: TAMURA HINCHLEY LIMITED, HOPTON PARK, DEVIZES, WILTSHIRE, SNlO 2EU
Agent: Cortina Construction Limited, Town Land House, Yarwell, PE8 6PS
DEVELOPMENT: CHANGE OF USE TO SITE A COMPACTOR ON PARKING AREA
LOCATION: 59 DEERDYKES VIEW, WESTFIELD INDUSTRIAL ESTATE CUMBERNAULD
Ward No: 61 - Grid Reference: 272052 672619
1 File Reference: GLA
Site History: No Known History
I Development Plan : Zoned as “Industrial” in the Cumbernauld Local Plan (Adopted November 1993)
Contrary to Development Plan: No
CONSULTATIONS:
Objection : No Objection: Environmental Services Conditions: No Reply:
REPRESENTATIONS:
Neighbours: One objection from a neighbouring occupier Newspaper Advert: Not Required
COMMENTS: The application is for the change of use of part of a parking area at 59 Deerdykes View, Westfield to site a compactor and skip. There has been one letter of objection from a neighbouring industrial unit and the Transportation Manager has recommended refusal of the application in its current form because there would be inadequate parking provision left after the siting of the compactor and skip. After consultation with the agent a compromise has been reached and amended plans were submitted deleting the skip from the proposals. The accompanying report summarises the objections and my comments relating to them. As a result of the amendment to this application I would therefore recommend that planning permission be granted subject to conditions.
RECOMMENDATION: Grant planning permission subject to the following conditions:
1) That the permission hereby granted is for a temporary period only and shall expire on 19th. August 1999. Reason:
i/ss/trudy/comaps98/9800880 28 83 -2-
Reason: To allow the Planning Authority to monitor activities at the site.
2) That there shall be no storage or tipping of materials outwith the compactor hatched red on the approved plans.
Reason: To safeguard the amenity of the area.
3) That prior to the siting of the compactor details of its appearance and positioning shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: To enable the Planning Authority to consider these aspects in detail.
List of Background Papers 1 Planning Application forms and plans received on the 22nd June 1998 Cumbemauld Local Plan (Adopted November 1993) Letter of objection from Exsel Business Machine Ltd, 61 Deerdykes View, Westfield, dated 19th June 1998 Consultation response from Environmental Services, dated 29th June 1998 Consultation responses from the Transportation Manager, dated 15th July 1998.
Any person wishing to inspect these documents should contact Gillian Anderson on 01236 - 616478.
ilss/trudy/comaps98/9800880 84 APPLICATION NO: N/98/00880/FUL
1. PROPOSAL, AND SITE
1.1 The proposal is for the change of use of a part of a parking area to site a compactor and skip at 59 Deerdykes View, Westfield, Cumbemauld. The applicant, Tamura Hinchley are relocating from 5 Deerdykes Road, Westfield to the much smaller unit at 59 Deerdykes View, Westfield. On the larger site at 5 Deerdykes Road, Westfield there is a compactor and skip sited in the unit’s backcourt area, which is enclosed and secluded from the surrounding landscape. The application site, illustrated on the approved plans is within a cul de sac and has communal parking for a number of individual units.
1.2 The application site is covered by “Industrial zoning - IB1, 3 and 4, as defined by the Cumbemauld Local Plan (Adopted November 1993).
2. CONSULTATIONS
2.1 There was no adverse response from Environmental Services, however the Transportation Manager recommended refusal of the application because the compactor and skip would remove from use 4 parking bays with no suitable alternative being provided. A workshop unit such as this would require a minimum of 5 parking spaces for effective operation.
3. REPRESENTATIONS
3.1 There was one letter of objection received from a neighbouring unit, Exsel Business Machines Limited, 61 Deerdykes View, Westfield. There were two grounds of objection to the proposal which were: -
1) Appearance and 2) Traffic, Parking and Access Problems.
The objection to the proposal siting of a compactor and a skip at such a location would be unsightly for their staff to look out to and also as image is vitally important to their client base they believe it would be unacceptable for visitors to be faced with such structures on their arrival. They believe that the compactor and skip would hamper access and parking for vehicles entering the cul de sac.
4. ANALYSIS AND RECOMMENDATION
4.1 After receiving the comments and objections regarding this application it was necessary to approach : the agent to negotiate an alternative solution and possible amendment to this application. I did not consider it to be appropriate to refuse the application solely on the grounds of appearance because within Westfield Industrial Estate there are a number of skips and temporary structures being used by the occupiers. The second ground of objection regarding traffic, parking and access problems does not I believe merit refusing the application. There is a 30 metre x 26 metre communal parking area with no specific parking bays marked out which does provide a substantial space for vehicles. However I do consider it merits a compromise of reducing the scale of the development.
4.2 The/
i/ss/trudylcomaps98/9800880 85 - 2-
4.2 The option therefore was to remove either the compactor or skip from the proposal. Whilst it was the preference of the Planning Authority to remove the cornpactor from the proposal on appearance grounds the applicant wishes to retain it for practical reasons. The reasoning for the inclusion of the compactor in the proposal was to counteract the additional traffic movements which would have occurred if the skip had been the preferred option. I was informed that the skip would have to be emptied on almost a daily basis, whilst the cornpactor could be emptied weekly and possibly even fortnightly depending on the volume of material to be removed. Although the appearance of the compactor may be slightly larger it does not differ drastically from neighbouring structures on the industrial estate and the presence of it rather than the skip could result in a far reduced number of traffic movements to empty it, which I believe to be advantageous in reducing the traffic concerns which were raised. I consider this to be an acceptable compromise but would recommend that a temporary consent is granted to allow the situation regarding parking and appearance to be monitored. 86
Application No: N/98/00895/FUL Date Registered: 24th June 1998 APPLICANT: MR D SOMMERVILLE 6 SOUTH DUMBRECK ROAD KILSYTH G65 9LX
Agent: Sco~oodPartitioning Ltd. 48 Milton Road College Milton No& East Kilbride G74 5BU
DEVELOPMENT: EXTENSION TO DWELLINGHOUSE
LOCATION: 6 SOUTH DUMBRECK ROAD, KILSYTH
Ward No: 63 Grid Reference: 270608 67764
File Reference: SD
Site History: No known history for application site
Development Plan: Kilsyth Local Plan adopted 1983 Kilsyth Finalised Draft Local Plan approved Jan 1996
Contrary to Development Plan: No
CONSULTATIONS:
Objection: No Objection: East of Scotland Water, West of Scotland Water Conditions: No Reply:
REPRESENTATIONS:
Neighbours: One letter of objection from neighbour Newspaper Advert: No
COMMENTS: The application is for a the erection of side extension and conservatory at 6 South Dumbreck Road, Kilsyth. The proposal is in accordance with the adopted Local Plan and the site lies within a residential land use policy area, as defined by the Kilsyth Local Plan adopted 1983. It is also covered by residential policies as defined by the Kilsyth Finalised Draft Local Plan approved 1996.
88
The side extension will replace the existing integral garage, however, there is a large monoblock driveway to the front which will easily accommodate two cars. While it is often the case that front garden parking can look incongruous, in this case it is considered to be acceptable because the dwelling is on a corner site and the monoblock driveway is offset to one side. The dwelling will still have a large area of front garden remaining and it is likely that the cars will be parked behind the line of the front entrance due to the L- shaped design of the house.
One objection has been received from a neighbour. This objection has been submitted prior to viewing the plans and therefore the part of this which refers to upper floors is irrelevant. The other section of the objection refers to the intrusion that an extension would cause. However, the only part of the extension which will be visible from the neighbour’s house will be the conservatory which extends out 3 metres from the existing dwelling and is to be build 2 metres in from the gable adjacent to the neighbouring property. No fiu-ther objections or adverse representations have been received.
The proposed extension is of an acceptable size and design and although it is disappointing that the intergral garage is being lost it is not considered to warrant a recommendation of refusal. It is, therefore, recommended that planning permission be approved.
RECOMMENDATION: Grant planning permission subject to the following conditions:
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1972.
2. That the facing materials to be used for the external walls and roof shall match in colour and texture those for the existing adjoining building except as may otherwise be agreed in writing by the Planning Authority.
Reason: In the interests of the visual amenity of the area.
LIST OF BACKGROUND PAPERS: Application Form and Plans Kilsyth Local Plan adopted 1983 Kilsyth Local Plan (Finalised Draft) approved January 1996 Consultation Responses: - East of Scotland Water dated 8/7/98 West of Scotland Water dated 30/6/98 89
Letter of objection from Grant Dewar on behalf of Mr&Mrs M.J. Healy dated 6/7/98.
Any person wishing to inspect these documents should contact Sandra Davies at 01 236- 616466. 90
Application No. C/97/00366FUL Date Registered 19 August 1997 APPLICANT HEADWAY DEVELOPMENTS, 82/88 MUIR STREET, HAMILTON, ML3 6BJ
Agent None DEVELOPMENT RESIDENTIAL AND RETAIL DEVELOPMENT AND ERECTION OF A COMMUNITY CENTRE LOCATION COATBRIDGE ROADIGLENMAVIS ROAD, GLENMAVIS
Ward No. 45 Grid Reference 275100 - 667155
File Reference GMC520/GB/md
Site History The site has had a number of previous planning applications relating to it. In the 1980s there were a number of proposals relating to the properties which have subsequently demolished on Coatbridge Road. In 1995 the field to the south was the subject of an application by the current applicant for residential development. This application, however, was never determined and subsequently withdrawn.
Development Plan Policies ECON8/2, HGlO and GB1 of the adopted Monklands District Local Plan 1991.
Policies GBlA, RES14 RES4, RES6 of the Strathclyde Structure Plan 1995
Contrary to Development Plan Yes
CONSULTATIONS
Objection None No Objection NLC Director of Education, Scottish Environment Protection Agency, The Coal Authority, NLC Director of Protective Services Conditions NLC Leisure Services, West of Scotland Water Authority No Reply None
REPRESENTATION
Neighbours Newspaper 116 Objections, 16 letters of support. Advertisement
COMMENTS The application, whilst a complete package, can be divided into two components. Firstly the redevelopment of the village centre and secondly a residential development to the south of the village centre.
Within the village centre, at the junction of Coatbridge Road and Glenmavis Road, the proposal is to redevelop the derelict site on the south of Coatbridge Road with a mixture of flats, terraced houses and shops, along with a new Community Centre. The development of the new Community Centre would facilitate the demolition of the existing Community Hall on the north side of Coatbridge Road and a small flatted development would take its place.
On the field immediately to the south the proposal is to take a new access from Glenmavis Road and construct a development of 5 1 new houses. Forty One of these new houses would be in an area currently designated as Green Belt. The remainder of the development (25 houses and flats) is within the village envelope.
R9700366.DOC 91
Meldrum Mains (9), Rydenmains Road (20), Condorrat Road (2), Coatbridge Road (4), Cleddans View (lO), ...... Granton ...... Gardens ...... (l), Banchoxy...... Ave (1) ...... _._...... _...... _. .. .. ADDITIONAL SUPPORTERS OUTWITH MAP:
Reproduced from Odmm~Survey with N APPLICATION NO: C/97/00366/FLn the permission of the Controller of Her PROPOSALlSlTE: ERECTION OF MIXED DEVELOPMENT NORTH ? Majesty’s Stationery Otfice 0 Crown COMPRISING RETAJLRESIDENTIAL COMMUNITY HALL SCALE 1: 2500 Copyright Unauthorised reproduction AND infringes Crown Copyright and may lead to c AT COATBRIDGE ROAD/GLENMAVIS ROAD, GLENMAVIS OSWPORTERS prosecution or civil proceedings. North Lanarkshire Council Licence number LAO904IL 92
A further aspect of the development is a trflic calming scheme for the entire village of Glenmavis. This would be provided in addition to the development and would be covered by a legal agreement between the Council and the developers.
I consider that on balance the overall benefits of the wider development can just@ a release of Green Belt land provided the proposed boundary treatment protects the long term Green Belt edge. I therefore recommend that planning permission be granted with an Agreement under Section 69 of the Local Government (Scotland) Act 1973. If granted, this application will require to be referred to the Secretary of State in accordance with Development Contrary to Development Plan procedure and also because the application site includes land which is currently under Council ownership. Further details on the application and detailed consideration can be found within the attached report.
RECOMMENDATION
Grant planning permission subject to an Agreement under Section 69 of the Local Government (Scotland) Act 1973 and the following conditions.
LIST OF BACKGROUND PAPERS
Application form and plans received on 19 August 1997 Letters of objection from:
Mary Ewan, 47 Coatbridge Road, Glenmavis; M. Watt 49 Coatbridge Road, Glenmavis; Sheena Prentice, Coatbridge Road, Glenmavis; Mrs C. A Mutch, 64 Coatbridge Road, Glenmavis; OwnedOccupier, 66 Coatbridge Road, Glenmavis; Cook, 67 Coatbridge Road, Glenmavis; More, 69 Coatbridge Road, Glenmavis; Mrs A. Cavanagh, 70 Coatbridge Road Glenmavis; Owner/Occupier, 73 Coatbridge Road, Glenmavis; Pauline Waite, 77 Coatbridge Road, Glenmavis; Mr J. Glen, 4 Cleddans View, Glenmavis; Mrs E. Shanks, 5 Cleddans View, Glenmavis; Cussak, 16 Cleddans View, Glenmavis; Mr & Mrs D. Wilson, 17 Cleddans View, Glenmavis; R.Panton, 22 Cleddans View, Glenmavis; Mr D.Lowe, 26 Cleddans View, Glenmavis; Mr & Mrs F. figgins, 28 Cleddans View, Glenmavis; Mr & Mrs M. Stewart, 29 Cleddans View Glenmavis; Owner/Occupier, 32 Cleddans View, Glenmavis; Mr & Mrs K. Whyte, 33 Cleddans View, Glenmavis; Bennett, 34 Cleddans View Glenmavis; Mr J. Higgins, 7 Waddell Avenue, Glenmavis; Mr A. Sneddon, 9 Waddell Avenue, Glenmavis; Veronica Harkin, 9 Waddell Avenue, Glenmavis; Mr H. Coyle, 1 Waddell Avenue, Glenmavis, Myra Prentice, 17 Waddell Avenue, Glenmavis, Nan Watson, 44 Waddell Avenue, Glenmavis; Owner/Occupier, 25 Condomat Road, Glenmavis; Mr & Mrs J. Black 2 1 Condomt Road, Glenmavis; Hunter, 7 Glenwell Street, Glenmavis; Owner/Occupier, 8 Glenwell SUW Glenmavis; Mr & Mrs J. Cook, 1 Granton Gardens, Glenmavis; Mr & Mrs C. Mathieson, 14 Banchoq Avenue, Glenmavis; Mr E. Murdoch, 16 Rydenmains Road, Glenmavis; Mr & Mrs A MacPhema 24 Rydenmains Road, Glenmavis; Mr & Mrs G. Ferguson, 28 Rydenmains Road, Glenmavis; Smith, 36 Rydenmains Road, Glenmavis; Margaret Frame, 58 Rydenmains Road, Glenmavis; June Cox, 56 Rydenmains Road, Glenmavis; Isobel Marling, 62 Rydenmains Road, Glenmavis; Downie,207 Rydenmains Road, Glenmavis; Owner/ Occupier, 1 Rydenmains Road, Glenmavis; Owner/Ompier, 2 Rydenmains Road, Glenmavis; Mr & Mrs M. Carmichael, 5 Rydenmains Road, Glenmavis; Owner/Occupier, 17 Rydenmains Road, Glenmavis; Mr & Mrs M. Mills, 29 Rydenmains Road, Glenmavis; Mathieson, 3 1 Rydenmains Road, Glenmavis; Grace Shanks, 34, Rydenmains Road, Glenmavis; Margaret Thornson, 4 1 Rydenmains Road, Glenmavis; Mr & Mrs J. Lyndsay, 46 Rydenmains Road, Glenmavis; Owner/Occupier, 47 Rydenmains Road, Glenmavis; Mr & Mrs I. Black, 5 1 Rydenmains Road, Glenmavis; Mrs Mooney, 53 Rydenmains Road, Glenmavis; Owner/Occupier, 61 Rydenmains Road, Glenmavis; Mr J. Gilson, 63 Rydenmains Road, Glemvis; McGraw, 66 Rydenmains Road, Glenmavis; Mr J. Haggin, 68 Coatbridge Road, Glenmavis; Mr J. Craig, 146 Coatbridge Road, Glenmavis; Janette Magilton, 152 Coatbridge Road, Glenmavis; Blades, 158 Coatbridge Road, Glenmavis; Mr & Mrs T. Feely, 15 Glenview Street, Glenmavis; McAuley, 29 Glenview Street, Glenmavis; Sandra Campbell, 301 Glenview Street, Glenmavis; McLean, 33 Glenview Street, Glenmavis; OwnedOccupier, 34 Glenview Street, Glemvis; Mr & Mrs R McCormick, 35 Glenview Street, Glenmavis; O’Neill, 38 Glenview Street, Glenmavis; W.Johnson, 42 Glenview Street, Glenmavis;
R97003 66.doc 93
Mr & Mrs W. Stevenson, 50 Glenview street, Glenmavis; Margaret Johnstone, 40 Glenview Street, Glenmavis; Owner/Occupier, 48 Glenview Street, Glenmavis; Mr F. Conwell, 1 Meldnun Mains, Glenmavis; Mr & Mrs A. Lumsden, 4 Meldrum Mains, Glenmavis; Mr B. Fleming, 5 Meldrum Mains, Glenmavis; Murdoch, 6 Meldrum Mains, Glenmavis; J. Hood, 7 Meldrum Mains, Glenmavis; Mr G. Biggart, 10 Meldnun Mains, Glenmavis; Ms L. & A. Biggart, 10 Meldrum Mains, Glenmavis; Mr & Mrs I. McFie, 14 Meldrum Mains, Glenmavis; Mr & Mrs R. Stewart, 15 Meldrum Mains, Glenmavis; Mr Jas McCormick, 29 Meldnun Mains, Glenmavis; Mr John McConnick, 29 Meldrum Mains, Glenmavis; OwnedOccupier, 33 Meldrum Mains, Glenmavis; Joan Wright, Meldrum Mains, Glenmavis; David Rankin, 225 Glenmavis Road, Glenmavis; A. J Partland, 86 Coatbridge Road, Glenmavis.
Twelve letters of objections were received with no address indcated on them.
Letters of support from:
Miss Jacqueline Oldroyd, Mr Austin Oldroyd & Mrs Janice Oldroyd, 72 Waddell Avenue, Glenmavis; Mrs Nan Watson, 47 Waddell Avenue, Glenmavis; Margaret Scott, 45D Waddell Avenue, Glenmavis; Mrs C. Young, 90 Waddell Avenue, Glenmavis; Robert, Elizabeth, David and Craig Johnston, 66 Waddell Avenue, Glenmavis; M Beresford, 84 Rydenmains Road, Glenmavis; John Marshall, 111 Rydenmains Road, Glenmavis; Mr & Mrs W. Ray, 37 Quarryside Street, Glenmavis; Mr & Mrs Main, 21 Quarryside Street., Glenmavis; h4, W & G Stewart, 23 Quarryside Street, Glenmavis; Mrs L. Watson, 2A MacArthur Avenue, Glenmavis; Alison Johnston, 18 Kirkstyle Place, Glenmavis; John B. Johnston, 22 Balmoral Avenue, Glenmavis; Thomas Clarke, 7 Windsor Drive, Glenmavis; Owner/Occupier, 17 Cratiue Drive, Glemavis; Nancy and Peter Kelly, 20 Dunvegan, Glenmavis
Letter from Mrs Helen Coyle, 1 Waddell Avenue, Glenmavis, withdrawing her original objection. Letter from Mr & Mrs McFie, 14 Meldrum Mains, Glenmavis, withdrawing their original objection.
Any one wishing to inspect the above background papers should telephone Coatbridge 812374 and ask for Mr Brown.
R9700366.doc 94
CONDITIONS ATTACHED TO APPLICATION No C/97/366
1. That the development hereby permitted shall be started within 5 years of the date of this permission.
REASON : To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That no development shall take place on the greenfield development site, accessed from Glenmavis Road and outlined in orange on the approved location plan, until the proposed traffk calming which forms part of the proposal has been completed.
REASON : In order to ensure the completion of the major element of planning gain within the development and to ensure the appropriate phasing of the development.
3. That prior to any work starting on site the applicants shall submit detailed plans, showing external finishing materials and the internal layout of the proposed Community Centre for the consideration and written approval of the Planning Authority.
REASON : In order to assess the details of the proposal whxh have yet to be submitted in the interests of the amenity of the surrounding area and to ensure the adequate provision of facilities within the proposed Community Centre.
4. That prior to any work starting on site the applicants shall submit details of the proposed structural landscaping at the southern boundary of the site and outlined in green on the approved location plan. This submission shall be in the form of a detailed tree planting scheme shown on a layout plan to a scale of 1500, indicating the following:
(a) details of tree species, planting sizes and planting distances, (b) details of fencing and boundary treatments for the tree planting area, (c) details of all protection for the tree planting area during the development of the site.
The planting shall include a mixture of deciduous species such as oak, ash, beech, birch, alder, and willow, and evergreen species such as Scots pine and larch. Planting sizes shall also be mixed between standard trees to provide an early visual impact and bare root whip planting to ensure the long term viability of the woodland belt.
Once approved the planting scheme shall be implemented, including the fencing and protection of the planting, within the first planting season (late wintedearly spring) following the start of the development on site.
REASON : In order to ensure the provision of the structured landscaping at the southern boundary of the site, in the interests of reinforcing the Green Belt edge of Glenmavis and reducing the visual coalescence of Airdrie and Glenmavis, and in the interests of the visual amenity and semi rural character of the Green Belt as a whole.
R9700366.DOC 95
5. That before development starts, a Woodland Management and Maintenance Scheme, covering the area hatched, green on the approved plans, shall be submitted to, and approved by the Planning Authority and shall include:-
(a) proposals for the continuing care, maintenance and protection of the trees, shrubs and hedges, includlng details of the timing and phasing of all such works, and (b) details of the number, variety and size of trees and shrubs to be planted, and the phasing of such works.
REASON : To enable the Planning Authority to consider these aspects in detail. In order to protect the visual amenity of the surrounding area.
6. That the houses built in the greenfield part of the development shall not be occupied until the tree planting proposals have been implemented.
REASON : In order to ensure the provision of the tree planting proposals before the completion of the development in the interests of the reinforcement of the Green Belt edge and the overall amenity and semi-rural character of the surrounding area.
7. That before development starts, full details andor samples of the facing materials to be used on all external walls and roofs shall be submitted to, and approved by, the Planning Authority.
REASON : To ensure that the premises revert to their existing use when the special circumstances relating to the proposed use no longer apply. In order to safeguard the properly itself and the amenity of the surrounding area.
8. That before the development hereby permitted is completed, or brought into use, all off-street parlung spaces shall be provided within the site, as described in the approved plans and shall, thereafter, be maintained as parking and manoeuvring areas.
REASON : In the interest of traffic safety and to safeguard the amenity of the surrounding area.
9. That before the dwellinghouses hereby approved are occupied, two car parking spaces, or a garage and one parking space shall be provided with the curtilage of each plot and out with the site access road and footway.
REASON : In the interest of traffic safety and to safeguard the amenity of the surrounding area.
10. That a visibility splay of 4.5 metres by 90 metres, measured from the road channel, shall be provided on both sites of the vehicular access and before the development hereby permitted is completed, or brought into use, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sightline areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected , or allowed to grow, within these sightline areas.
REASONS: In the interests of traffic safety at the locus. In the interests of public safety.
11 That no fences, or walls, shall be erected and no trees and shrubs shall be planted within the 2.0 metre public utility strip, which runs parallel to the rear of the kerb defining the edge of the road.
REASON : In order to protect statutory undertakers apparatus.
R9700366.doc 12. That before the development hereby permitted is completed, or brought into use a 2.Ornetre wide footway shall be constructed within the area hatched brown on the approved plans, in accordance with the specificationsof the Roads Authority and as described in the Roads Guidelines published by the Roads Authority.
REASON : In the interests of tral3c safety at the locus.
13 All redundant footway crossings shall be removed and the footway reinstated to the standard acceptable to the Planning Authority before completion of the development.
REASON : In the interest of traffic safety and to safeguard the amenity of the surrounding area.
14 That no dwellinghouse shall be occupied until the access roads and footways leading thereto from the existing public road shall be constructed to basecourse standard.
REASON : In the interests of traffic safety at that locus.
15. Detailed plans showing satisfactory provision for the access, circulation and egress of disabled persons in accordance with BS.5810: 1979 shall be submitted to the Planning Authority and written approval obtained prior to the commencement of work.
REASON : In the interests of traffic safety at the locus.
16 That for the avoidance of doubt the use of the new shop premises shall be Class 1 (Shops) as defined by the Town and Country Planning (Use Classes) (Scotland) Order 1997. One unit shall be designated as being used for a hot food takeaway, Class 3 under the above Order. this unit shall be identified by the applicant prior to work starting on site.
REASON: To ensure the use of the properties are retained as local convenience shops for the benefit of the local community.
17. That before development starts, details of the design and location of all fences and walls to be erected on the site, shall be submitted to, and approved by, the Planning Authority.
REASON : These details have not been submitted.
18. That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no gates, fences, walls, or other means of enclosure, shall be erected between the front of the dwellinghouses and the adjoining road.
REASON: To safeguard the amenity of future residents. In order to protect the visual amenity of the surrounding area.
19 That before the flatted dwellinghouse hereby permitted is occupied, or brought into use, a 1.8 metre high close boarded, stained timber screen fence, shall be erected along the boundaries marked yellow on the approved plans.
REASON : To safeguard the amenity of future residents. In order to protect the visual amenity of the surrounding area. 97
STANDARD PLANNING ADVISORY NOTES
1. The applicant has agreed to enter into an agreement in terms of Section 69 of the Local Government (Scotland) Act 1973 in respect of the following:
(i) To ensure the constructionof the new community centre, before any development starts of the greenfield housing development. (ii) To ensure the traffic calming is provided. (iii) To control the phasing of the development.
The planning consent should not be issued until these matters have been concluded.
2 Ifgranted, hsapplication will require to be referred to the Secretary of State for Scotland in accordance with the Town and Country Planning (Notification of Applications) (Scotland) Direction 1997.
R9700 3 66.doc 98
ADVISORY NOTES TO APPLICANT
1 Any proposed temporary barricades should be fitted with wooden fillets to prevent fly-posting. The barricades should be painted and maintained in good condition for the duration of their use.
2. Before the start of any works affecting the public road, the developer must obtain from the Planning and Development Department, a Road Opening Permit, granted under the terms of Section 56 of the Roads (Scotland) Act 1984.
3. Before the start of the development, the developer constructing the road must obtain from the Planning and Development Department, a Construction Consent, granted under the terms of Section, 21 of the Roads (Scotland) Act 1984.
4. If building works are to be undertaken before roads are completed the developer must agree a bond, guaranteeing the cost of constructing the roads, with the Planning and Development Department, under the terms of Section 17 of the Roads (Scotland) Act 1984.
5. The applicant should contact the West of Scotland Water (Melford Road, Rigghead Industrial Estate, Bellshill Tel. 01698 740570) so that details of the drainage layout may be approved and the necessary consents obtained in terms of the Sewerage (Scotland), Act 1968.
The applicant should contact the Environmental Services Department concerning this proposal in respect of legislation administered by that Department which is likely to affect this development. 99
APPLICATION No. C/9nOOO366/FUL
REPORT
1. THE APPLICATION SITE AND ITS LOCATION
1.1 The application site is situated on the south side of Coatbridge Road and the west side of Glenmavis Road in Glenmavis. It comprises the derelict area of land that fronts onto Coatbridge Road and a green field behind the current row of houses on Glenmavis Road. It will also incorporate the area of open space directly adjacent to the junction of Coatbridge Road and Glenmavis Road and the current site of the Community Hall.
2. DESCRIPTION OF PROPOSAL
2.1 Planning permission is sought for a mixed development of residential, retail and a new Community Centre in the centre of Glenmavis. In detail the development will comprise of the erection of 5 retail units with 8 flatted properties above. Co~ectedto this development will be a new Community Centre. A further 10 flats are proposed on Coatbridge Road, with seven terraced houses accessed also from Coatbridge Road. This part of the development will take place within the village envelope around the village centre at the junction of Coatbridge Road and Glenmavis Road.
2.2 The remainder of the development will be for 5 1 houses on the green field to the south of the village, with a new access taken from Glenmavis Road. Forty one of these houses will be located in the designated Green Belt between Glenmavis and Airdrie.
2.3 A further aspect of the proposal is the “traffic calming” of the village. This will include clearer road markings and speed limit signs, pedestrian crossing islands and new junction arrangements at the junction of Coatbridge Road and Glenmavis Road and at Coatbridge Road and Condorrat Road.
2.4 The development of the green field site will be enclosed at its southern end by a tree belt. This would have the effect of defining the southern edge of Glenmavis and redefining the area of Green Belt and thus preventing any further ribbon development along Glenmavis Road towards Airdrie. A further benefit would be to increase the visual barrier between the two settlements.
3. CONSULTATIONS
3.1 There were no objections from any of the consultees although West of Scotland Water and the Council’s Leisure Services Department have asked that some conditions apply to the development.
3.2 West of Scotland Water have indicated that there is a main sewer running through the site and the developers will be required to maintain its integrity as part of their development. The Head of Leisure Services has asked that suitable planning conditions are imposed to cover the implementation of the landscaping proposals.
4. POLICY CONTEXT
4.1 The application site is covered by two policies of the adopted Monklands District Local Plan 1991; namely ECON 8/2 and GB1
4.2 Policy ECON 812 allocates the site as a General Urban Area where “Theprinciple of a midure of uses wilL be accepted”. Part of the application site which is currently derelict is specifically allocated as a development opportunity.
4.3 Approximately 35% of the application site is covered by policy GB1 which allocates the area as Green Belt. Ths policy restricts the development of new houses to those that are specifically required for agriculture or forestry. 100
The proposal is also affected by four policies of the Strathclyde Structure Plan 1995; GBlA, RESlA, RES4 and RES6. The relevant sections of these policies are outlined below:
GBl A, “Proposalsfor development within the Greenbelt shall require to be justified against the following criteria,
(a) economic benefit, 6) specific Iocational need, (c) infrastructure implications, and (4’ environmental impact. ’’
RES1A, “Proposalsto extend the ‘greenfield’ suppIy of land for residential development shall require to be justified against the following criteria,
(a) clear evidence of a shortfall in egective housing land suppIy in the relevant housing market area; (6) the evidence of need for social or rented housing established in the relevant local authority’s approved housing plan, (c) accessibility to the public transport network and town centres, (d) infrastructure implications, and (e) impact on environmental qual@ and on policy for the Greenbelt, Greening the Conurbation or Countryside Around Towns. ’’
RES4, “LocalPlans shall identifL and maintain a suppIy of effective development opportunities for owner-occupied housing in accordance with Policies RES1,2,3,5,6,7and 8. ’’
RES6 ‘ZocalPlans shall exploit the residential potential of vacant, derelict and uncommitted land.’’
4.4 National Planning Policy Guidance (NPPG) 3, Land for Housing.
5 REPRESENTATIONS
5.1 This application has received a substantial number of representations
5.2 When the application was initially submitted it was advertised in the local paper as being contrary to the statutory development plan. As a result of the newspaper advert and the neighbour notification 116 letters of objection to the proposal were submitted. The vast majority of these objections were submitted on a proforma and commented on the loss of the existing Community Hall building which is viewed as forming part of the traditional fabric of Glenmavis; the development encroaching on the Green Belt and the loss of amenity to the village in general.
5.3 Consequently the proposal was amended and a further advert was posted in the local paper and the applicant carried out neighbour notification once more. This time 16 letters supporting the development were submitted one further letter of objection
6 ASSESSMENT OF THE PROPOSALS
6.1 This comprehensive proposal can be divided into two main elements; the redevelopment of the village centre of Glenmavis and the development of the green field site to the south of Coatbridge Road and to the west of GIenmavis Road. The applicant has included the development of a Community Centre and the provision of traffic calming within the village.
R9700366.d~ 101
6.2 National Guidance
A section in National Planning Policy Guidance (NPPG) 3, ‘Land for Housing’, deals with the concept of extendmg existing settlements. The current proposal entails a physical extension to the current built up area of Glenmavis. Paragraph 35 of NPPG 3 states that where brownfield and infill sites are not able to meet the full range of housing requirements then the release of some greenfield sites adjoining existing towns and built up areas may be necessary.
6.3 At present there is one site in Glenmavis that is allocated for housing which remains undeveloped. This lies to the east of the current application site and is accessed from Glenwell Street. This site extends to an area of 1.19 hectares and would accommodate up to 2 1 houses. It has been the subject of -planning applications in the past but the site is substantially undermined and does not appear to be able to accommodate the required amount of houses to offset the cost of the underground grouting works. This site will be reviewed in the new Airdrie & Coatbridge Area Local Plan as it has remained undeveloped for at least 10 years, and is not considered effective by the Housebuilders. It is therefore likely that this site will be returned to the Green Belt.
6.4 Further to this the Secretary of State granted planning permission for seventy houses in the Green Belt on the north east of the village at Pinwhinnie. These houses were to be luxury homes attached to a golf course development. At the time of the appeal in 1994 the Secretary of State stated that “there was a need for this type of housing within the former Monklands area and in particular the north
Airdrie area. ” The housing development was approved with the proviso that the golf course development be substantially completed first. Consequently the Scottish Housebuilders have agreed that as an allocated housing site this particular development is what is termed as noneffective. In essence the requirement to provide the golf course before the housing is seen as an onerous restriction and therefore the overall development of the Pinwhinnie site is seen at best as extremely unlikely and currently not expected to materialise within the near future. This means that housing choice and opportunity is extremely limited, if not nonexistent in Glenmavis.
6.5 In housing land supply terms the adopted Monklands District Local Plan has been successful and the majority of housing sites allocated within the area have either been developed or are taken up with options to develop. It could therefore be argued that there is now an metdemand for new housing in central North Lanarkshire. In Glenmavis, of the two sites which were deemed suitable, one is substantially undermined and development is prohibitively expensive, the other is reliant on the provision of a golf course. Both are agreed as noneffective housing sites by the Council and the Housebuilders.
6.6 The site currently under consideration therefore provides an opportunity to meet the local demand for new housing withm the village. Taken as a whole the development will provide a total of 76 new residential units as a mixture of flats, terraced houses, semidetached and detached houses. Just over 50%, 41 in total, of the new residential units are within the Green Belt and this is considerably less, (30 units), than was granted under appeal by the Secretary of State at Pinwhinnie. Further to Uus the Council are progressing a new Local Plan for the Atrdrie and Coatbridge areas for the year 2000. This gives an obvious opportunity to re-examine the question of housing provision in the area. Lfthe Council grant planning permission for this development the opportunity to remove the other dlocated site in the 1991 Local Plan is presented.
6.7 Consequently, the proposal conforms with the spirit of National Planning Policy Guidance.
6.8 Development Plan
The proposal is for a complex package of measures encompassing urban renewal, improvements to the social, commercial and infrastructure fabric of the village and a small expansion of the village into the Green Belt. The relevant Development Plan policies are contained in the Strathclyde Structure Plan 1995 and the adopted Monklands District Local Plan 1991.
W700366.doc 6.9 Strathclyde Structure Plan 1995
The relevant Plan for assessing the very limited amount of Green Belt release involved is the Strathclyde Structure Plan 1995. The proposal can be justified against the following policies:
GBlA (a) Economic Benefit: There would be an economic benefit in providing a commercial and social focus to Glenmavis.
(b) Specific Locational Need: Both existing housing sites in Glemvis area are confirmed as non-effective. This proposal would satisfy the specific need to provide a suitable housing choice and opportunity in Glemvis.
(c) Infrastructure Implications: The traffic calming measures included within the package would address serious concerns raised by the villagers over many years and recognised by the Council relating to the B803. Parking provision within the development will remove the need for on street parking.
(d) Environmental Impact: The proposed package would remove an environmental eyesore within the village centre. It will also provide the opportunity to give Glenmavis a clear distinct edge on the southern boundary, given the appropriate tree planting scheme. This will result in an enhancement of the visual separation of the village from Airdrie.
RESlA (a) There is evidence of a shortfall of effective housing sites in Glemvis, putting it at a disadvantage in terms of housing mix and choice.
(b) This refers to public sector housing stock and is therefore not relevant to this proposal.
(c) The site is accessible to the local public transport network and includes the provision of adltional village shopping facilities.
(d) The traffic calming measures included in the package would address serious concerns raised by the villagers over many years and recognised by the Council relating to the B803. Parking provision within the proposal will remove the need for on street parking.
(e) The proposal would allow for Glenmavis to be visually separated from Airdrie and for provision of a strong defensible edge, subject to an appropriate boundary planting scheme. This would also result in an overall improvement in the environmental quality of this part of the Green Belt.
RES4 There are no effective housing sites in Glenmavis.
6.10 Urban Renewal
The part of the package which involves regenerating the derelict site to the south west of the junction of Glenmavis Road and Coatbridge Road and the subsequent upgrading of the social and commercial facilities are in accord with the policies in both Structure and Local Plans
RES6 The proposal would exploit the residential potential of vacant, derelict and uncommitted land.
R9700366.doc 103
6.11 Monklands District Local Plan 1991
The proposal can be jusufied under policies ECON8 and ECON8/2 of the Local plan
ECON8 Identifies sites where a mixture of urban uses, such as residential and commercial, is acceptable.
ECON8/2 Identifies a specific site at Coatbridge Road for a mixed use development.
6.12 The redevelopment of the village centre is to be welcomed. In detail it is proposed to demolish the existing two shop units that sit in the middle of the derelict site on the south side of Coatbridge Road. These would be replaced along with the construction of another three shop units on the open space at the corner of Coatbridge Road and Glenmavis Road to give a total of five. This will provide a new street frontage to both of these roads and remove the current unsightly dereliction from the immediate area.
6.13 As part of this element of the development the applicants propose to construct 8 flats over the five shops. Th~sis also welcomed as it will provide further low cost housing withln the central area of Glenmavis and also provide the necessary security and supervision of the shopping parade in the evening. It will return a traditional balance to the street with ground floor shops and upper floor housing and will improve the overall visual appearance of the centre of the village.
6.14 At the west side of the site on Coatbridge Road there will be a further residential element to the development with a block of four flats and seven terraced houses, accessed from Coatbridge Road. Again I am happy to encourage this as a redevelopment of the village centre and an improvement of the visual appearance of this part of the village.
6.15 The final part of tlus section of the development is the demolition of the existing Community Hall on the north side of Coatbridge Road and the construction of a new Community Centre on the south side of the road. The site of the existing Community Hall will be developed for six flats with associated parking. At present the Council has a major ongoing expense in maintaining the existing Community Hall. A new building with modem facilities and an outdoor play area for the local playgroup is therefore also to be welcomed. Following completion of the new Community Centre, its ownership would transfer to the Council.
6.16 I therefore have no objections to this part of the development. It complies with the terms of the Local Plan and will remove an area of derelict land to a development that will provide low cost housing and community facilities.
6.17 As for the part of the proposal affecting the greenfield land another factor in addition to judgement against policy for consideration is the provision of the Community Centre and the “tra55c calming” of the village. In the current economic climate it is unlikely that the Council would be able to provide the new Community Centre in Glenmavis and this development presents the opportunity to have one provided. There is also a programme currently ongoing where traflic calming is being provided within the rural villages in North Lanarkshire. Glenmavis will eventually be included in this programme, but at present there is no time scale for the works. By allowing the development the trafik calming would be provided in the short term at little or no expense to the Council. This is particularly significant as levels and speed of traffic passing through the village has been a concern of the local community for some time.
6.18 It should, however, be noted also that the proposal does not accord with policies GBI and HGlO of the adopted Monkland District Local Plan 1991. As these relate to development in the Green Belt they are taken as being subordinate to the policies of the Structure plan in this instance. It has been outlined how the proposed package can be justified in terms of both it limited impact on the Green Belt and its improvements to the social commercial and infrastructure fabric of Glenmavis.
W700366.doc ‘04 6.19 In addition, the part of the site situated on the north side of Coatbridge Road is also covered by policy CU1/3 of the Local Plan. This generally restricts development which is within 400m of a high pressure gas pipeline. There is a pipeline running alongside Glenmavis for the gas storage and transmission station on the north of the village. However in view of the infill nature of the development on the north side of the Coatbridge Road I do not view th~sas a determining factor in the application.
6.20 Taking all these matters into account I consider that the Council can reasonably jus* granting planning permission for the development subject to the various agreement s and condition restricting the timing of the development and ensuring the various elements of planning gain.
7 TIMING OF DEVELOPMENT
7.1 The final consideration is the timing of each element of the development. The traffic calming will be provided on land that is not controlled by the applicant. An agreement under the terms of Section 69 of the Local Govement (Scotland) Act between them and the Council is therefore necessary to ensure that the Community Centre and the tr~iccalming are provided, and to cover the timing of the various elements of the development as I consider that it is necessary to restrict the development of the green field site until the Community Centre has been provided. A negative planning condition would also allow the Council to prevent development on the site to the south without work on the traffic calming having been carried out. Further to this the substantial area of tree planting which will form its structured landscape at the southern end of the site requires to be provided before the houses on the new housing development are occupied in order to address any Green Belt boundary issue.
7.2 If the Council are minded to approve the application it is then obliged to refer to matter to the Secretary of State for Scotland due to the current Departure from Development Plan procedures. the Secretary of State would then have a 28 day period to determine whether or not to “call-in” the application and call for a public inquiry.
8 CONCLUSIONS
8.1 It is important to view this application as containing a package of proposals and to look at the wider benefits in addition to the future integrity of the Green Belt in Glenmavis.
8.2 The wider benefits of the proposal include:
(a) the redevelopment of the currently derelict site within the centre of the village, on the south side of Coatbridge Road; @) the provision of a new Community Centre; (c) the provision of a range of new shops; (d) trafk calming within and on the approaches to the village; (e) the provision of a range of housing types within the village, from flats, terraced housing to semi- detached and detached homes; (f) the provision of a housing site within Glenmavis as an alternative to the two housing sites at Glenwell Street and Pinwhinnie which are agreed by the Council and the Housebuilden as being non-effective, and; (g) meeting a recognised deficiency in the local housing market.
8.3 There is, however, the issue of the Green Belt. Whilst the loss of some Green Belt land is regrettable the site can be appropriately treated to ensure a long term defensible edge to Glenmavis without sigruficantly affecting the Green Belt wedge between the village and Airdrie. Moreover the structural tree planting on the southern boundary of the site will reduce the visual coalescence of Airdne and Glenmavis. Bearing in mind the unique set of circumstances set out above, I am not concerned that this proposal, if approved, would have set an undesirable precedent for other breaches of green belt policy.
8.4 I therefore recommend that planning permission be granted subject to an Agreement under Section 69 of the Local Government (Scotland) Act and the required conditions.
R9700366.DOC t05
Application No. C/98/00077/FUL Date registered 16th April 1998 APPLICANT MR P MCGEOGH, CLOCK BAR, 87-89 DUNDWAN ROAD, ML5 1EA
Agent Harley & Murray, Unit 22, Coatbridge Business Centre, ML5 3RB DEVELOPMENT EXTENSION TO LOUNGE AND FUNCTION SUITE (IN RETROSPECT) LOCATION CLOCK BAR, 87 DUNDYVAN ROAD, COATBRIDGE, LANARKSHIRE, ML5 1EA
Ward No. 36 Grid Reference 272852664418
File Reference
Site History Various consents including Erection of rear extension to public house granted 29th March 1993, consent no. 921529.
Planning consent granted 22nd June 1992 for the erection of a Satellite dish, application no. 921234
Planning consent granted 17th July 1990 for the erection of a side extension to the public house, application no. 911286, and for change of use of upper floor to form 2 flats, application no. 90/085.
Development Plan Zoned Econ 2 Existing General Industrial Area in the Monklands District Local Plan 1991
Contrary to Development Plan Yes
CONSULTATIONS
Objection No Objection Conditions No Reply
REPRESENTATIONS Neighbours No Response
Newspaper No Response Advertisement
COMMENTS This application is for retrospective consent to extend the lounge and function suite at the Clock Bar on Dundyvan Road, Coatbridge. The site has insufficient parking provision and will encourage some on street parking. It is contrary to the local plan zoning, however, as it is an established use I do not consider that the extension will cause any loss of industrial premises. Therefore taking into account all material considerations it is considered that planning permission should be granted.
RECOMMENDATION
Grant.
R9800077.DOC ? 06
Reproduced from Ordnance Survey with N APPLICATION NO: C/98/00077/mJL the permission of the Controller of Her PROPOSAL/SITE: EXTENTION TO LOUNGE AND NORTH t Majesty's stationery office 0 crown L FUNCTION SUITE AT CLOCK BAR, 87 DmWm SCALE 1: 1250 Copyright' Unauthorised reproduction c ROAD, COATBRIDGE, LANARKSHIRE, M'5 1EA infringes Crown Copyright and may lead to prosecution or civil proceedings. North Lanarkshire Council Licence t 07
List of Background Papers
- Application form and plans - Adopted Monklands District Local Plan 1991
Any person wishing to inspect the above background papers should telephone Coatbridge 812372 and ask for Mr Baxter. 1OS
APPLICATION NO. C/98/00077/FUL
REPORT
1. APPLICATION SITE & PROPOSAL
1.1 This application is for retrospective consent to extend the lounge and function suite at the Clock Bar on Dundyvan Road, Coatbridge.
1.2 The site is zoned Econ 2 Existing General Industrial Area in the Monklands District Local Plan 1991.
2. OBSERVATIONS
2.1 The extension is constructed in materials which match with the original building.
2.2 There is insufficient parking spaces within the car park to the rear of the application site which will result in some on-street parking. However the nature of the proposal would normally preclude large numbers using cars to visit the venue and should not cause a significant impact on road safety.
2.3 The proposal is contrary to the development plan, however I do not believe that the extension of this established use will adversely affect the surrounding residential properties which are located a minimum of 50 metres away.
3. CONCLUSION
3.1 Although the site has insufficient parking provision and is contrary to the local plan zoning I believe the extension of these established premises will not cause a significant problem for road safety or loss of industrial premises. Therefore taking into account all material considerations it is considered that planning permission should be granted. 109
Application No. C/98/00078/FUL Date registered 13 March 1998 APPLICANT THOMAS A. O’CONNOR, 205 WHIFFLET STREET, COATBRIDGE, ML5 4SH
Agent DEVELOPMENT CHANGE OF USE FROM SANDWICH BAR (CLASS 1) TO HOT FOOD SHOP (CLASS 3) (IN RETROSPECT) LOCATION 38 WHIFFLET STREET, COATBRIDGE, ML5 4EL
Ward No. 38 Grid Reference 273602 664032
File Reference C/PL/CTW4350380000/GB/ES
Site History None
Development Plan Policy COM5 of the adopted Monklands District Local Plan 1991
Contrary to Development Plan No
CONSULTATIONS
Objection No Objection Conditions NLC Director of Environmental Services No Reply
REPRESENTATIONS
Neighbours No Response
Newspaper Advertisement No Response
COMMENTS The application is to formalise the use of a current shop unit, which was used as a sandwich bar, as a hot food takeaway. The applicant has started to sell hot food for consumption off the premises and hence a change of use from Class 1 (Shops) to CIass 3 (Food and Drink) has taken place.
No objections have been received either from the neighbours or in response to the newspaper advertisement and the proposal complies with the policies of the adopted Monklands District Local Plan 1991. I would therefore recommend that planning permission is granted subject to the conditions on the attached sheet.
RECOMMENDATION
Grant, subject to the conditions on the attached sheet.
R9800078.DOC 1 to
Coatholrn Nursery School
Bank
HOZIER STREET BM 80.93m
0
the permission of the Controller of Her Majesty's Stationery Office @ Crown BAR (CLASS 1) TO HOT FOOD SHOP (CLASS 3) (IN SCALO 1: 1L Unauthorised reproduction c RETROSPECT) AT 38 WHIFFLET STREET, COATBRIDGE infringes Crown Copyright and may lead to prosecution or civil proceedings. North Lanarkshire Council Licence number LA0904L 111
List of Background Papers
- Plans and application form submitted on 13 January 1998 - Adopted Monklands District Local Plan 1991 - Consultation response from NLC Director on Environmental Services dated 24 March 1998
Any person wishing to inspect the above background papers should telephone Coatbridge 812374 and ask for Mr Brown.
R9800078.DOC 112
CONDITIONS
1. That all cooking smells, noxious fumes or vapours from the hot food shop shall be disposed of by means of the ventilation duct shown on the approved plans. This duct shall terminate at a point not less than one metre above eaves level to the satisfaction of the Planning Authority
Reason: In order to safeguard the property itself and the amenity of the surrounding area.
R9800078.DOC Application No. C/98/00329/FUL Date registered 13 March 1998 APPLICANT STANLEY HOMES (SCOTLAND)
Agent DEVELOPMENT ERECTION OF RESIDENTIAL DEVELOPMENT COMPRISING 4 NO. FLATTED DWELLINGHOUSES LOCATION LAND AT THE CORMER OF FORGE ROAD/CRAIGENDSROAD, AIRDRlE
Ward No. 49 Grid Reference 278902 664782
File Reference C/PL/AIF5780 100000/CM/md
Site History 97188 Erection of Class 1 Shop Unit granted 13 August 1997.
Development Plan Under the terms of the Adopted Monklands District Local Plan 1991 the application site is located within an area covered by policy HG9 (Housing Policy for Existing Residential Areas).
Contrary to Development Plan No.
CONSULTATIONS
Objection No Objection Scottish Power, BG Transco, NLC Environmental Services, The Coal Authority, West of Scotland Water. Conditions No Reply
REPRESENTATIONS Neighbours One
Newspaper Advertisement No Response.
COMMENTS The proposal relates to the erection of a block of 4 no. flats on ground at the corner of Forge RoadCraigends Road, Airdrie. The proposed buildmg would consist of a 2 storey structure with pitched tiled roof with a mix of facing brick and render to external walls. 6 no. offstreet parking bays would be provided to the front of the flats and a new 2m wide footway would also be constructed. The terms of objection submitted by the neighbour to the rear of the application site have been examined however I would conclude that the development would not have a detrimental impact on the amenity of the surrounding area.
It is my view that the scale, design and proposed finish to the proposed flats are acceptable.
R9800329.DOC 114
Reproduced from Ordnance Survey with N APPLICATION NO: C/98/00329m the permission of the Controller of Her PROPOSAL/SITE: ERECTION OF RESIDENTIAL NORTH 7 Majesty’s Stationery Office @Crown DEVELOPMENT COMPRISING OF FOUR FLA’ITED SCALE 1: 1250 *OBJECTOR Copyright. Unauthorised reproduction c DWELLINGHOUSES ON LAND BETWEEN CRAIGENS ROAD infringes Crown Copyright and may lead to prosecution or civil proceedings. AND FORGE ROAD, AIRDRIE North Lanarkshire Council Licence , I number LA0904L I -. RECOMMENDATION
Grant, subject to the conditions on the attached sheet.
List of Background Papers
- Application Form and Amended Plans. - Adopted Monklands District Local Plan. - Letter from Mr and Mrs B McKay, 10 Forge Road, Moffat Mills, Airdrie, ML6 8PJ. - Consultation Letters. .P
Any person wishing to inspect the above background papers should telephone Coatbridge 812376 and ask for Mr Marshall.
R9800329.DOC CONDITIONS
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That the development shall be carried out in accordance with the amended plans hereby approved and no change to the layout, design or external finishes shall take place without the prior written approval of the Planning Authority.
Reason: To safeguard the residential amenity of the area.
3. That before the development hereby permitted is completed or brought into use a visibility spiay of
4.5 metres by 90 metres measured from the road channel, shall be provided to the south side of the -. Forge RoadCraigens Road junction and everything exceeding 1.05 metres in height above the road channel level shall be removed from the area hatched red on the approved plan and , thereafter, nothing exceeding 1.05 metres in height shall be planted, placed, erected or allowed to grow, within this area to the satisfaction of the Planning Authority.
Reason: In the interests of traffic and pedestrian safety.
4. That before the development hereby permitted is completed or brought into use, a 2.0metre wide footway shall be constructed along the full frontage of the site, in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority.
Reason: In the interests of public safety.
5. That before the development hereby permitted is completed or brought into use, 6 no.off-street car parking spaces shall be provided within the site, as described on the approved plans and shall, thereafter, be maintained as car parking spaces.
Reason: To ensure the provision of adequate parking facilities within the site.
6. That no flatted dwellinghouse hereby permitted shall be occupied until the public footway as required under the terms of condition no.4 above has been constructed to final wearing course to the satisfaction of the Planning Authority.
Reason: To ensure the satisfactory provision of pedestrian facilities and safeguard the amenity of future residents
R9800329.DOC 7. That before the development hereby permitted starts a scheme of landscaping, including boundary treatment, shall be submitted to, and approved by the Planning Authority, including any modifications as may be required, and it shall include:- (a)details of any earth moulding and hard landscaping, grass seedmg and turfing; @) a scheme of tree planting and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) details of a management and maintenance scheme for these areas including the roadside embankment hatched red on the approved drawings;(d) details of the subdivision of garden areas allocated to each flat; (e)an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection.
Reason: In the interests of residential amenity and road safety
8. That before any of the flats are occupied the proposed off-street parking bays as indicated on the approved plans shall be surfaced with an impervious material to the satisfaction of the Planning Authority.
Reason: In the interests of public safety and to prevent deleterious material being carried out onto the highway.
9. That before the development hereby permitted starts, full details andor samples of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority, including any modifcations as may be required.
Reason: To enable the Planning Authority to retain effective control.
10. That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: To enable the Planning Authority to retain effective control.
R9800329.DOC 118
APPLICATION NO. C/98/00329/FUL
REPORT
1. REPORT
1.1 Planning permission is being sought for the erection of 4 no. 2 bedroom flats at land on the corner of Forge Road and Craigends Road, Airdrie.
1.2 The application site consists of a triangular area of unmaintained grassland measuring some 30 metres in width at its northern boundary and 40 metres in depth to its southern end. The site is bounded on the west by an access track to No. 10 Forge Road and to the east by Towers Road. The surrounding area is predominantly residential.
1.3 The proposals would involve the erection of a two storey block of flats with 6 no. parking spaces located to the front of the site. The developer also intends to provide a 2.0 metre wide footway along the Forge Road frontage.
1.4 The flats would be finished with concrete interlocking tiles to a double pitched roof and external walls finished in a mix of facing brick and render. Rear garden areas would be fenced off.
2. PLANNING POLICIES
2.1 Under the terms of the Adopted Monklands District Local Plan 199 1 the application site is located within an area covered by the following policy:
HG9 Housing Policy for Existing Residential Areas.
3. CONSULTATIONS
3.1 Scottish Power, BG Transco, West of Scotland Water and NLC Environmental Services had no objections to the proposal. The Coal Authority had no objections but advised that due to previous underground mine workings the developer should seek appropriate technical advice on the stability of the ground.
4. REPRESENTATIONS
4.1 A letter of objection was received from Mr and h4rs B McKay, 10 Forge Road, Airdrie. The grounds of the objection are as follows. Firstly, that the two storey building is of an inappropriate scale and that the site would be overdeveloped. Secondly, that the two storey flats would encroach on the privacy of the objectors property and third, that the development would affect existing traf33c visibility splays to the detriment of road safety.
4.2 With specific regard to these objections I would offer the following comment. The surrounding residential properties generally consist of two storey blocks and I would not consider the scale of the proposed flats to be inappropriate. The application site is of sufficient size to encompass the proposed building, satisfactory parking provisions and adequate rear garden area. In addition a new public footpath would be provided along the Forge Road frontage. As such I consider the proposal would not constitute an overdevelopment of the site. The proposed layout plan indicates that a sightline of 4.5m x 90m can be achieved at the Forge RoadCraigends Road junction. This sightline is considered to be satisfactoryfor this type of junction and moreover any issue of planning consent would be conditional that this visibility splay is maintained by ensuring all overgrown grass, weed growth is kept below a height of 9OOmm. Converse to the objectors opinion, it is my view that the proposal would result in an improvement to road safety at this junction. Finally, with regard to the objectors claim that the development would result in a loss of amenity it should be noted that the proposed building would be located some 20 metres from the objectors dwellinghouse. In addition several mature trees would form an effective screen. As such I consider such an arrangement to be acceptable and no disamenity would arise as a result of the proposed development.
R9800329.DOC 119
5. ASSESSMENT
5.1 The proposal to develop this site for housing purposes accords with policy HG9 of the Local Plan. The overall design, scale, layout and finish of the proposed flats are considered to be acceptable and meet the terms of the Council’s design guidance on such proposals. I am satisfied that having considered the terms of objection raised by the neighbouring resident that no disamenity would arise from the proposal. Indeed as noted above I would anticipate that road safety would be improved through the improvement to the road junction visibility splay, and provision of a new public footway at the south side of the road junction.
5.2 In view of the foregoing considerations it is my view that the proposal is acceptable and recommend the application is approved subject to conditions.
R9800329.DOC 120
Application No. C/98/00498/FUL Date registered 14 April 1998 APPLICANT MONKLANDS AND BELLSHlLL HOSPITAL NHS TRUST, MONKSCOURT AVENUE, AIRDRIE
Agent Can, McLean and Watson, 44 Strathmore House, East Kilbride DEVELOPMENT EXTENSION TO CAR PARK LOCATION MONKLANDS HOSPITAL,, MONKSCOURT AVENUE, AIRDRE
Ward No. 41 Grid Reference 275100665420
File Reference
Site History P95298 Extension to Out-Patients Department Granted 1Wy1995.
Development Plan Under the terms of the Adopted Monklands District Local Plan 1991 the application site is located within an area covered by the following policy: NHS 1 Develop Health Facilities.
Contrary to Development Plan No.
CONSULTATIONS
Objection No Objection Conditions No Reply
REPRESENTATIONS Neighbours One.
Newspaper Advertisement Not Required.
COMMENTS The proposal relates to an extension to an existing car park area located to the front of the Hospital Out-Patients Department. The proposed development would involve the removal of part of a raised grassed embankment to provide an additional 22 car parking spaces. A 3.0 metre wide section of this embankment would be retained to provide a landscaped screen at the eastern boundary of the car park. To provide additional screening the applicant also intends to improve the landscaping of an adjacent landscape mound. I have considered the tenns of an objection raised by a neighbour and have concluded that the proposal would not have a sigmficant impact on the visual amenity of the hospital grounds. The need for additional parking facilities at the Hospital is noted and I consider the proposal would achieve this without affecting the visual amenity of the surrounding area.
R9800498.DOC 121
re Council Licence number LA0904IL 722
RECOMMENDATION
Grant, subject to the conditions on the attached sheet.
List of Background Papers
- Application Form and accompanying plans. - Adopted Monklands District Local Plan 199 1. - Letter of Objection from Mr S Bell, 28 Manor Drive, Airdrie received 14 April 1998.
Any person wishing to inspect the above background papers should telephone Coatbridge 812376 and ask for Mr Marshall.
R9800498.Doc 123
CONDITIONS
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That the development shall be carried out in accordance with the plans hereby approved and no change to the layout or surface specification of the proposed car park shall take place without the prior written approval of the Planning Authority.
Reason: In the interests of traffic safety and the amenity of the surrounding area
3. Notwithstanding the terms of Condition 2 above the embankment areas shaded red on the plans hereby approved shall be retained and landscaped to the satisfaction of the Planning Authority.
Reason: In the interests of the visual amenity of the area.
4. That before the development hereby permitted starts, a scheme of landscaping, for the area shaded red on the approved plans, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:-(a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) details of a maintenance scheme for the landscape proposals.
Reason: In the interests of the visual amenity of the area.
5. That withm one year of the occupation of the car park hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping, and planting, approved under the terms of condition no. 4 above, shall be completed and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within three years of the completion of the development, shall be replaced within the followingyear with others of a similar size and species.
Reason: In the interests of amenity. 124
APPLICATION NO. C/98/00498/FUL
REPORT
1. SITE DESCRIPTION & PROPOSALS
1.1 Planning permission is sought for the extension to an existing car park located to the east elevation of Monklands Hospital Out-Patients Department.
1.2 The extension would allow the Hospital to provide an additional 22 no. car parking spaces and involve the part removal of a raised grassed embankment. The applicant is to limit the visual impact of the proposals by providing appropriate tree and shrub planting at the eastern boundary of the car park extension area. It is also the applicants intention to improve the landscape specification of an adjacent grassed mound thereby providing a landscaped screen between the car park and the outlying housing area.
2. REPRESENTATIONS
2.1 A letter of objection was received from Mr S Bell, 28 Manor Drive, Airdrie, who considered the proposal would have a detrimental impact on the visual amenity of the hospital’s landscaped area.
2.2 In response to this it should be noted that whilst the proposal would result in the loss of most of an existing raised grassed embankment, part of this would be retained and landscaped to provide a screen. In addition it is intended to improve the landscape screening on an adjacent raised embankment with a view to reducing the visual impact of the car park extension. It is my view that given a satisfactory planting scheme the visual amenity of this part of the Hospital grounds would not be sigruficantly impaired.
3. ASSESSMENT
3.1 In view of the foregoing considerations it is my view that the design of the car park extension would be acceptable. Given an appropriate planting scheme the proposed landscaped works would minimise any loss of visual amenity. As such I consider the scope of the proposals to be acceptable and recommended that planning permission be granted subject to conditions.
R9800498.DOC 125
Application No. C/98/00503/MIN Date registered 9 April 1998 APPLICANT ABERDALE HOMES, 10 AIRTHREY ROAD, STIRLING, FK9 5JR
Agent Young & Gault, 36 Spiers Wharf, Glasgow, G4 9TB DEVELOPMENT FORMATION OF LANDSCAPED MOUND FROM INERT MATERIAL LOCATION LAND AT DUNALISTAIR, BELLSIDE ROAD, CHAPELHALL, AIRDRIE, LANARKSHIRE ML6 8QR
Ward No. 47 Grid Reference 278952 662166
File Reference
Site History Planning consent for the Erection of a HoteKonference Centre/Leisure FacilitiesMultiplex CinemdCasinoITen Pin Bowling/Golf Course & Parkland (in outline), application no. 89/105 was granted at Committee on 27/04/89 and later the decision was overturned by the Secretary of State as being premature.
Application C/97/010 for the Erection of a Factory Outlet, Retail Mall (150,000 ft. sq. approx.) incl. Drive Through Restaurant and Associated Parking is still pending, and is likely to be withdrawn.
Development Plan The site is zoned GBl Restrict Development in the Greenbelt and covered by policy WDR1 Landfill and Refuse Disposal in the Monklands District Local Plan 1991.
Contrary to Development Plan Yes
CONSULTATIONS
Objection No Objection The Coal Authority, NLC Environmental Services, Scottish Environment Protection Agency, Scottish Power, West of Scotland Water, Transco, NLC Leisure Services Conditions No Reply BT
REPRESENTATIONS
Neighbours ‘No Response
Newspaper No Response Advertisement
COMMENTS This application relates to the formation of a landscaped mound on land adjacent to Bellside Road, Chapelhall using subsoil which is surplus to requirement at the Aberdale Homes development at Dunalister. The mound will be planted with a woodland mix of trees and shrubs.
The proposal is an unusual solution for material disposal which would not normally be an acceptable development in the Greenbelt. However on balance I believe the proposal in this particular instance would be beneficial in contributing to a landscaped setting for the potential future development on the site and therefore I propose the application be granted subject to the attached conditions.
R9800503.DOC I NORTH t SCALE 1: 2500
# North Lanarkshire Council Licence I
I number LJ094lL ~ /./ ,I 127
RECOMMENDATION
Grant, subject to the conditions on the attached sheet.
List of Background Papers
- Application form and plans - Adopted Monklands District Local Plan 1991 - Consultation reponse from The Coal Authority dated 28th April 1998 - Consultation reponse from NLC Environmental Services dated 27th April 1998 - Consultation reponse from Scottish Environment Protection Agency dated 30th April 1998 - Consultation reponse from Scottish Power dated 1st May 1998 - Consultation reponse from West of Scotland Water dated 30th April 1998 - Consultation reponse from Transo dated 6th May 1998 - Consultation reponse from NLC Leisure Services dated 16th June 1998
Any person wishing to inspect the above background papers should telephone Coatbridge 812372 and ask for Mr Baxter
R9800503.DOC 128
CONDITIONS:
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That the development hereby permitted shall be completed within 1 year of the re-commencement of the works, confirmation of which shall be provided in writing to the Planning Authority.
Reason: To ensure that the site is not used over an extended period for disposal of surplus materials.
3. That all earthworks and movements of heavy vehicles associated with the development shall be confined to the area outlined GREEN on the approved plans, unless otherwise approved in writing by the Planning Authority.
Reason: In the interests of traffic safety and to safeguard the surrounding land.
4. That any construction traffic leaving the site as shown on the approved plans, onto the A73 and Lancaster Avenue shall use a wheel washing facility. Details of the wheelwash and its location shall be submitted to and approved in writing by the Planning Authority before works re-start on site.
Reason: These details have not been submitted and are required in the interests of traffic safety.
5. That the development shall be undertaken in full accordance with the Statement of Methodology and associated plans unless otherwise approved in writing by the Planning Authority. '
Reason: To enable the Planning Authority to retain effective control.
6. That all topsoil shall be stripped from the area of dumping prior to infill operations re-commencing and stored in a manner and location to be agreed with the Planning Authority.
Reason: To enable the Planning Authority to retain effective control.
7. That topsoil, subsoil and soil forming material shall only be moved during the months May to September, when weather conditions are dry, where there is no ponding or surface water on site and where the soil is reasonably dry and friable unless otherwise agreed with the Planning Authority in writing. In addition, three clear days of dry weather shall have occurred prior to the stripping of any part of the site unless otherwise agreed with the Planning Authority in writing.
Reason: In order to protect the visual amenity of the surrounding area and to secure satisfactory reinstatement of the site.
8. That the applicantfoperator shall give at least 7 days notice to the Planning Authority before soil stripping is to commence.
Reason: To enable the Planning Authority to consider these aspects in detail.
R9800503.DOC t 29
9. That dump trucks and bactractors shall be used to strip soils and deposit subsoil and shall be controlled to minimise soil compaction, by a method to be agreed with the Planning Authority prior to the re-start of works on site.
Reason: To ensure the satisfactory reinstatement of the site.
10. That as soon as the mound is formed, the surface of the soils shall be lightly graded so as to restrict the ingress of surface water andor groundwater into the stored soils. The ingress of surface water andor ground water shall be restricted by the provision of cut-off drains excavated upslope of the storage mounds. In addition the mound shall be seeded within 3 months of construction and shall be so maintained until the planting of trees and shrubs required in the restoration of the site has been implemented, except as may otherwise be agreed by the Planning Authority, Weeds shall be controlled by cutting or herbicides.
Reason: In the interests of the visual amenity of the area and to secure the satisfactory reinstatement of the site.
11. That topsoil storage mounds shall be constructed with the minimum compaction,only that necessary to ensure stability, and unless, otherwise agreed by the Planning Authority, shall not exceed 3 metres in height.
Reason: In order to protect the visual amenity of the surrounding area and to secure satisfactory reinstatement of the site.
12. That the storage mounds of topsoil and subsoil shall not be traversed by vehicles or machinery except during construction or removal of these mounds. If, for whatever reason, compaction, does occur then such layers shall be cultivated to relieve compaction, to full depth of the layer plus 150mm into the underlying layer using a winged tine subsoiler.
Reason: to ensure the satisfactory reinstatement of the site.
13. That within two months of the date of this permission full details of the management and aftercare maintenance of the site, including associated timescales, shall be submitted to and approved by the Planning Authority.
Reason: To enable the Planning Authority to consider these aspects in detail.
14. The management and aftercare maintenance scheme approved under the terms of condition 13 shall be in implemented in accordance with the timescales approved under the terms of that condition.
Reason: To safeguard the amenity of the area.
15. That working hours at the site shall be restricted to the following times:- Monday to Friday - 08.00 - 19.00 Saturday - 08.00 - 13.00 For the avoidance of doubt, there shall be no working on Sundays or any Public Holidays
Reason: To enable the Planning Authority to retain effective control.
R9800503.DOC 130
APPLICATION NO. C/98/00503/MIN
REPORT
1. APPLICATION SITE & PROPOSAL
1.1 This application relates to the formation of a landscaped mound on land adjacent to Bellside Road and Lancaster Avenue, Chapelhall using subsoil which is surplus to requirement at the Aberdale Homes development at Dunalister. The mound will be 40 metres wide by 220 metres long and a maximum of 3 metres high. It will be planted with a woodland mix of trees and shrubs to the same standard implemented recently to the north of Lancaster Avenue as part of the housing development. Landscaping work was started on site but has been suspended pending the outcome of the current application.
1.2 The site is zoned GB1 Restrict Development in the Greenbelt and covered by policy WDRl Landfill and Refuse Disposal in the Monklands District Local Plan 1991.
1.3 The M8/A8 Corridor Interim Land Use Strategy which was produced in October 1997 identifies the site as a potential development opportunity.
2. CONSULTATION RESPONSES
2.1 The following consultees responded indicating no objection to the proposed development: The Coal Authority, NLC Environmental Services, Scottish Environment Protection Agency, Scottish Power, West of Scotland Water, Transco and NLC Leisure Services.
3. OBSERVATIONS
3.1 The proposed landfill is contrary to the local plan policy GB1 which is intended to restrict development in the greenbelt. The woodland planting element of the proposal is however acceptable in terms of policy GB1.
3.2 The application site is not within the preferred area for landfill identified in policy WDR1 Landfill and Refuse Disposal. There is however an exception to this policy which allows landfill outwith the area of Devastated Landscape where the applicant can prove that the disposal of waste will be beneficial to the amenity, safety and environment of the site. As the proposal will introduce woodland planting to a vacant field there will be some improvement to the amenity and environment of the area.
3.3 The application site is subject to underground fireclay workings and therefore cannot support development without consolidation works. As such the formation of a landscaped embankment will not affect the area identified in the M8/A8 Corridor Interim Land Use Strategy which could be developed. It will also partially screen any future development to the west of the application site from the A73. The Greenbelt Company have confirmed that on completion of the mound they will take on responsibility for planting, management and future maintenance.
4. CONCLUSION
4.1 In conclusion, while the proposal is technically contrary to the development plan however on balance I believe the proposal in this particular instance would be beneficial in contributing to a landscaped setting for the future potential development within the site. I, therefore, recommend that the application is granted subject to the attached conditions.
R9800503.DOC 131
Application No. C/98/00550a Date registered 12 May 1998 APPLICANT ORANGE PERSONAL COMMUNICATION SERVICES LTD., KIRK LANE, LIVINGSTONE
Agent Montagu Evans, 2 16 West George Street, Glasgow. DEVELOPMENT ERECTION OF 20M HIGH TELECOMMUNICATIONS MAST HOUSMG 11 NO. ANTENNAE. LOCATION 244 WHIFFLET STREET, COATBRIDGE.
Ward No. 38 Grid Reference 273400663275
File Reference C/PL/CTW4352440000/CM/md
Site History P77033 Erection of Licensed Betting Office Refused 28 March 1977. P84261 Environmental Improvements to Car Park and Frontage to Public House and Adjacent Ground Granted 3 1 August 1984 P86039 Erection of Bookmakers Refused 25 April 1986. P88194 Erection of Satellite Dish Aerial Granted 8 June 1988.
Development Plan Under the terms of the Adopted Monklands District Local Plan 1991 the application site is located within an area covered by the following policy:
ECON2 Existing General Industrial Area.
Contrary to No Development Plan
CONSULTATIONS
Objection No Objection Conditions No Reply
REPRESENTATIONS Neighbours One
Newspaper Advertisement Not required.
COMMENTS Although the proposed tower would extend to some 20 metres in height it would be located to the rear of the adjacent public house. The surrounding area is predominantly industrial in character and although the structure would be visible from the outlying housing area located east of whifflet Street I do not consider the mast would have a sigrufcant impact on the visual amenity of the surrounding area. I have considered the terms of objection raised by LAGTA Group Training but do not consider the proposal would sigmficantly detract from the amenity of the industrial estate. I consider the proposal to be acceptable and recommend the application is approved subject to conditions. 132
the permission of the Controller of Her Majesty’s Stationery Office 0 Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead HOUSE, WHIFFLET STREET, COATBRIDGE to prosecution or civil proceedings. North Lanarkshire Council Licence I -- ~~ number LA0904IL _-.-.. 133
RECOMMENDATION
Grant, subject to the condhons on the attached sheet.
List of Background Papers
- Application Form and Plans. - Adopted Monklands District Local Plan 1991. - Letter of Objection from LAGTA, 7 Palacecraig Street, Coatbridge received 28 April 1998.
Any person wishng to inspect the above background papers should telephone Coatbridge 812376 and ask for MI Marshall.
R9800550.DOC 134
CONDITIONS
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That the development shall be carried out strictly in accordance with the plans hereby approved and no change to the design of the mast or ancillary works shall take place without the prior written approval of the Planning Authority.
Reason: In the interests of the visual amenity of the area. 135
APPLICATION NO. C/98/00550/FUL
REPORT
1. SITE DESCRIPTION AND PROPOSALS
1.1 Planning permission is being sought for the erection of a 20 metre high telecommunications mast to the rear of the Wishing Well public house at Whifflet Street, Coatbridge.
1.2 As noted above the mast would extend to 20 metres in height and would be located within a compound situated to the north west corner of the public house car park area. A cabin measuring 3m3 would be located within the compound which would be fenced off with a 2.0 metre high weld mesh fence.
1.3 The application site is bounded to the south and east by the adjoining car park and to the west by a grassed embankment and to the north by a vacant site attached to an adjoining industrial use.
2. REPRESENTATIONS
2.1 A letter of objection was received from LAGTA Group Training who occupy a site located within Palacecraig Street. The objector considered that Rosehall Industrial Estate is below standard and that the proposed mast would exacerbate the poor visual amenity of the area. The objector also considers that the owners of the existing businesses in the vicinity do not properly maintain the site to the detriment of its appearance and regard the proposal as detrimental to the area. The objector also considered the proposal would be unacceptable as the mast may well interfere with LAGTA’s own Information Technology equipment.
2.2 With regard to these concerns I would offer the following comment. I do not accept that Rosehall Industrial Estate has a poor appearance as this area was subject to recent environmental improvement works supported by the Lanarkshire Development Agency. It is accepted that the mast will have a significant visual impact on the surrounding area however I consider that the existing site characteristics would not suffer a signifcant loss of visual amenity as a result of the proposal. Despite the commercial uses found within the immediate site area the outlying areas to the west of met Street are predominantly industrial in character and it is my view that the proposed site would not be considered inappropriate. The mast would be visible from the housing area located to the east of Whifflet Street however these are situated some 85 metres away. The suggested lack of litter clearance of the site by adjoining proprietors is not considered to be material in the consideration of this application. The applicant has confirmed that the equipment is unlikely to affect any apparatus operated by LAGTA.
3. ASSESSMENT
3.1 In view of the foregoing consideration I consider the proposal to be acceptable. It is my view that given the existing site characteristics and surrounding industrial and commercial uses that the proposed site would be considered appropriate. As such no significant impact on existing visual amenity standards are envisaged and I recommend the proposal be granted planning permission subject to conditions. 136
Application No. C/98/00609/FUL Date registered 27 April 1998 APPLICANT JOHN CONDIE ESQ, 9 FIR VIEW, CALDERBANK, ML6 9SW
Agent Alan Condie, 57 Arranview Street, Chapelhall, ML6 8XN DEVELOPMENT CHANGE OF USE OF RELIGIOUS BUILDING TO DWELLINGHOUSE LOCATION GOSPEL HALL, PARK ROAD, CALDERBANK, AIRDRIE, LANARKSHIRE
Ward No. 47 Grid Reference 276971 663060
File Reference C/PL/CAP21O/DB/ES
Site History No previous applications
Development Plan Zoned HSG9 Housing Policy for Existing Residential Areas in the Monklands District Local Plan 1991
Contrary to Development Plan No
CONSULTATIONS
Objection No Objection Conditions No Reply
REPRESENTATIONS
Neighbours No response
Newspaper Advertisement Not required
COMMENTS This application relates to the change of use of a former gospel hall to a single dwellinghouse. The building is single storey and is constructed with a harl finish and slate roof. The hall is within an area of existing residential uses and subject to the provision of a single parking space within the curtilage of the site I have no objection to the proposal. The agent has agreed that the lean-too extension on the west of the building can be demolished to provide a driveway. The formation of the driveway would also involve the removal of part of the bamer which has been installed to discourage on-street parking and would require to be the subject of a road opening consent.
RECOMMENDATION
Grant, subject to the conditions on the attached sheet.
List of Background Papers
- Application form and plans - Adopted Monklands District Local Plan 1991
Any person wishing to inspect the above background papers should telephone Coatbridge 812372 and ask for Mr Baxter
R9800609.DOC 137 138
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997
2. That before development starts, details of a scheme, which provides sufficient space within the curtilage of the application site for the parking and manoeuvring of 1 car shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: To ensure the provision of adequate parking facilities within the site.
3. That before the development hereby permitted is completed or brought into use, all areas covered by the scheme, approved under the terms of condition 2; above including the removal of part of the pedestrian barrier, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing works, and shall, thereafter, be maintained for off street parking.
Reason: To ensure the provision of adequate parking facilities within the site.
4. That the permission hereby granted relates to a change of use only and, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no alterations shall be made to the external appearance of the building.
Reason: To enable the Planning Authority to retain control over hture development on the site in the interests of residential amenity. 139
Application No. C/98/00703/AMD Date registered 12 June 1998 APPLICANT BARRATT HOMES LTD, WEST SCOTLAND DIVISION, “MAYFIELD HOUSE, 7 MAGGIES WOOD LOAN,FALKIRK, FK15SJ
Agent Development Design Partnership, “Sandford House”, 6 & 7 Lower Ngh Street, Stourbridge, West Midlands, DY8 1TE DEVELOPMENT SUBSTITUTION OF HOUSE TYPES (PLOTS 71-74) LOCATION THE PADDOCK, ROSS DRIVE, AIRDRIE
Ward No. 46 Grid Reference 275433 664206
File Reference C/PL/AIS975/GB/md
Site History Application No. 90/159; planning permission was granted in outline to Wimpey Homes for a residential development. Application No. 91/469; detailed planning permission was granted to John Lynch Builders for the erection of 49 houses. Application 97/085; planning permission for 100 house granted to Banatt Homes Ltd. This development is currently underway.
Development Plan Policy HG3/15 of the adopted Monklands District Local Plan 1991.
Contrary to Development Plan No
CONSULTATIONS
Objection - No Objection West of Scotland Water Conditions No Reply
REPRESENTATIONS Neighbours Five letters of objection.
Newspaper Advertisement Not required.
COMMENTS The first phase of this housing development is almost complete uitiun the site. However, the developers have encountered problems at the east end of the site where the houses and associated excavation will encroach on the adjacent woodland which is protected by a Tree Preservation Order. The current proposal will reduce the impact on the adjacent woodland as it involves the substitution of terraced houses for previously approved flats, which allows the building line to be altered and car parking repositioned.
Having assessed the details of the proposal, their relevance to the policies of the adopted Local Plan and the concerns expressed by the neighbouring residents in Sutherland Drive, I consider that the proposal is acceptable and recommend that planning permission is granted subject to conditions.
R9800703.DOC 140
fl', Reproduced from Ordnance Survey with N APPLICATION NO: C/98/00703/AMD the permission of the Controller of Her PROPOSAL/SITE: SUBSTITUTION OF HOUSE TYPES NORTH t Majesty's stationery 0 crown L (PLOTS71-74) THE PADDOCK, ROSS DRIVE, AIRDRE SCALE 1: 2500 Copyright. Unauthorised reproduction C *OBJECTORS infringes Crown Copyright and may lead to prosecution or civil proceedings. North Lanarkshire Council Licence number LA0904IL 141
RECOMMENDATION
Grant, subject to the conditions on the attached sheet.
List of Background Papers
- Plans and application forms received on 9 June 1998 - Adopted Monklands District Local Plan 1991 - Letter of objection received from Charles DW, 36 Sutherland Drive, dated 15 June 1998 and reply dated 23 June 1998. - Letter of objection received from William Geddes, 34 Sutherland Drive, dated 17 June 1998 and reply dated 23 June 1998. - Letter of objection received from Stephen Macgowan, 30 Sutherland Drive, dated 15 June 1998 and reply dated 23 June 1998. - Letter of objection received from Mr W. Clark, 28 Sutherland Drive, received on 16 June 1998 and reply dated 23 June 1998. - Letter of objection received from Mrs Ann Glen, 32 Sutherland Drive, dated 12 June 1998 and reply dated 23 June 1998. - Consultation response from West of Scotland Water dated 6 July 1998
Any person wishing to inspect the above background papers should telephone Coatbridge 812374 and ask for Mr Graeme Brown.
R9800703.DOC 142
CONDITIONS
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. The development hereby approved shall be implemented in strict accordance with drawing ref nos. 1604/03revJ and 1289/widOlB.
Reason: As these drawings constitute the approved development.
3. That the facing materials to be used for the external walls and roof shall match in colour and texture those of the existing adjoining buildings within this development except as may otherwise be agreed in writing by the Planning Authority.
Reason: In the interests of the amenity of the adjoining residential area.
4. That no electricity transforming, or switching equipment, gas governer, or sewage pumping station, shall be erected on any part of the site without the prior written consent of the Planning Authority.
Reason: In the interests of the amenity of the adjoining residential area.
5. Details of the design, siting, materials and colour of any proposed bin stores shall be submitted to, and approved by, the Planning Authority prior to the commencement of works.
Reason: To enable the Planning Authority to consider these aspects in detail.
6. That no dwellinghouse shall be occupied until the road and footpath fronting the plot in question has been constructed to basecourse standard, and that within 6 months of any dwellinghouse being occupied the road and footpath fronting the site shall be constructed to final wearing standard.
Reason: To safeguard the amenity of hture residents.
7. That before development starts, details of the hard surface finishes to all parking bays. parking areas and driveways shall be submitted to, and approved in writing by, the Planning Authority.
Reason: To enable the Planning Authority to consider these aspects in detail
8. Prior to the occupation of any of the dwellinghouses hereby approved all parking bays and parking areas shall be constructed in accordance with the details approved under condition No.7 above.
Reason: To safeguard the amenity of future residents.
9. That before development starts details of the proposed boundary treatment for the perimeter of the site shall be submitted for the written approval of the Planning Authority prior to construction work starting on the houses hereby approved by this planning permission.
Reason: To enable the Planning Authority to consider these aspects in detail.
R9800703.DOC 143
10. That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: To enable the Planning Authority to consider these aspects in detail.
11. That before the development hereby permitted starts, a scheme of landscaping, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and Wing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development, (d) details of the phasing of these works.
Reason: To enable the Planning Authority to consider these aspects in detail.
12. That prior to the occupation of the last 6 dwellinghouses within the overall development hereby permitted and approved under planning permission C/97/00085/nn, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition No1 1; above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within 2 years of the completion of the development, shall be replaced within the following year with others of a similar size and species and shall be maintained to the satisfaction of the Planning Authority.
Reason: In the interests of the visual amenity of the area.
13. That no trees within or adjacent to the site boundary as shown on plan 1604/3revJ, shall be lopped, topped, or felled without the prior written approval of Planning Authority.
Reason: In the interests of the visual amenity of the area.
14. That before work commences on this site the applicant shall agree in writing with the Planning Authority the method of protection for the trees within the adjacent woodland which overhang the site and are covered by a Tree Preservation Order. The agreed method of protection (as set out in BS5837/1980) shall be maintained on site until completion of all works in the vicinity of the trees.
Reason: To enable the Planning Authority to consider these aspects in detail in order to protect the trees within the adjacent site which are covered by a Tree Preservation Order.
15. That prior to the occupation of the last 6 dwellinghouses within the overall development hereby permitted and approved under planning permission C/97/00085/FUL, the Maintenance and Management Schedule approved under the terms of condition no. 19 of planning permission C/97/00085/FLn shall be in operation.
Reason: To safeguard the amenity of fhreresidents.
R9800703.wC 144
APPLICATION NO. C/98/00703/AMD
REPORT
1. THE APPLICATION SITE AND ITS LOCATION
1.1 The application site forms part of a current development site within the grounds of the former Cairnhill House, to the north of Sutherland Drive in Cairnhill. The site is currently being developed by Barratt Homes.
2. DESCRIPTION OF THE PROPOSAL
2.1 The planning permission for the site proposed to have a two storey block of four flats on plots 71 to 74, laid out in a straight row running from north to south. The nearest part of the building to the east boundary of the site was 4.0 metres.
2.2 The amended proposal being considered under this application is to have a row of four terraced houses, laid out in a staggered row of two plus two houses. The distance of the nearest part of the building to the eastern boundary of the site would be doubled to 8.0metres. The position of the houses and their associated car parking is reversed with the car parking now being on the north side of the houses.
3. CONSULTATIONS
3.1 There are no objections from the servicing authorities to the proposed change in the layout.
4. LOCAL PLAN CONTEXT
4.1 The site is covered by policy HG3/15 of the adopted Monklands District Local Plan 1991 which allocates the site for a housing development.
5. REPRESENTATIONS
5.1 Five letters of representation have been received from residents in Sutherland Drive. One of the objection letters relates to the proximity of an adjacent part of the housing development to the objectors property. This part of the development was approved as part of the original planning permission and is not the subject of the current planning application.
The other main concern is over the health and protection of the trees within the woodland adjacent to the site. The residents are womed that as a result of the development the trees which are covered by a Tree Preservation Order, will have to be removed.
5.3 A further resident is concerned that by moving the new houses closer to the existing properties in Sutherland Drive, the existing houses will be overshadowed and will experience a loss of privacy.
6. ASSESSMENT OF THE PROPOSALS AND RELATED REPRESENTATIONS
6.1 This planning application has arisen as a result of the current concern that the development of the site, in such close proximity of the existing trees in the adjoining woodland, would result in the trees being damaged or felled as part of the construction works. The developers are currently working at the east end of the first phase of their development and have excavated the site up to their boundary and adjacent to the strip of woodland that forms part of CairnhilUSikeside Wood and is covered by a Tree Preservation Order.
6.2 Due to the depth of the excavations the root system of some of the mature trees became exposed and concern was expressed that if the excavations continued the trees would become unstable and would require to be felled.
R9800703.DOC 145
6.3 It has been intimated to the developer that this woodland enjoys statutory protection and that any felling, lopping or topping of the trees would require the consent of the Council. It was also intimated that the Council did not wish to see any unnecessary damage to the trees as a result of the construction works. To this end the developers have submitted the current application for a substitution of house types that will result in the houses being built further away from the boundary of the site and will result in no further excavation in the direction of the woodland.
6.4 The neighbours are concerned that the trees will be felled and there will be a loss of amenity within the woodland which is regularly used by local residents for recreation. The developers have however indicated that it is not their intention to fell any trees. Lf any trees required to have any branches lopped the applicants would have to apply to the Council for approval. The Council’s kboriculturist from the Department of Leisure Services has inspected the site and in his opinion there has been no adverse affect on the trees to date.
6.5 The other concerns of the neighbours do not relate to this proposal. They are of the opinion that another part of the development is being built too close to their boundary. This was covered by the original planning permission (971085). The position of the building has been checked on site and has been constructed in accordance with the approved plan.
6.6 The amendment of this part of the site layout will not in my opinion overshadow the neighbouring properties in Sutherland Drive since the building will be 22.0 metres from the boundary of the nearest property in Sutherland Drive. The building is also on the north side of Sutherland drive and in direct sunlight shadow will be cast from a generally southerly direction. Further to this, due to the distance from the properties in Sutherland Drive and the fact that there are no windows from public rooms on the south elevation of the building there will be no adverse affect on the privacy of the properties either.
6.7 It is therefore considered that the proposed amendment to the layout is an improvement to the previous layout in that it will have less of an impact on the trees in the adjacent woodland and will have no adverse affect on residents in Sutherland Drive. I would therefore recommend that planning permission is granted subject to the conditions stated above.
R9800703.DOC 146
Application No. Cl98100785iAMD Date registered 2 June 1998 APPLICANT JANINE RAE, 9/11 PALACECRAIG STREET, COATBlUDGE
Agent DEVELOPMENT SITING OF CATERING TRAILER LOCATION 9-11 PALACECRAIG STREET, COATBRIDGE
Ward No. 38 Grid Reference 273335 663221
File Reference
Site History A planning application was recently approved by the Planning and Development Committee on 6 May 1998 for this proposal (planning consent no. 98/00287/FUL). However the applicant subsequently intends to relocate the catering trailer to an alternative site within 911 1 Palacecraig Street, Coatbridge.
Development Plan Under the terms of the Monklands District Local Plan 1991 the site is located within an area covered by Policy ECON2 : Existing General Industrial Areas.
Contrary to Development Plan No
CONSULTATIONS
Objection No Objection Conditions No Reply
REPRESENTATIONS
Neighbours 2 letters of objection 2 letters of support
Newspaper Advertisement No Response
The application reiates to the siting of a catering trailer within the grounds of 9-1 1 Palacecraig Street, Coatbridge. The location of the trailer is considered appropriate as it lies within an existing industrial estate and taking into account all material considerations including the concerns raised in the letter of objection it is considered that planning permission should be granted for a temporary period of 3 years.
RECOMMENDATION
Grant, subject to the attached conditions.
R9800785.DOC 147
consent 98/00287/FUL 148
List of Background Papers
- Objection letter to the proposal. - Application form and plan. - Letter of objection from Mrs Caroline Kane, 1OC Lefroy Street, Coatbridge. - Letter of objection from Hays & Finch, Rosehall Industrial Estate, Palacecraig Street, Coatbridge. - Letter of support from King Seal Glass Ltd., 8 Palacecraig Street, Coatbridge. - Letter of support from Microcom Insulations Ltd., Coatbridge.
Any person wishing to inspect the above background papers should telephone Coatbridge 812373 and ask for Mrs Rosaleen Toal.
R9800785.DOC 149
CONDITIONS
1. That the permission hereby granted is for a temporary period only and shall expire on 19th August 2001.
Reason: To enable the Planning Authority to retain effective control.
2. That at all times the site shall be kept in a clean and tidy condition to the satisfaction of the Planning Authority.
Reason: In the interests of the visual and general amenity of the area.
R9800785.DOC 150
APPLICATION NO. C/98/00785/AMD
REPORT
1. INTRODUCTION
1.1 The application seeks planning permission for the siting of a catering trailer within the grounds of an industrial unit at 9-1 1 Palacecraig Street, Coatbridge. This application is in effect an amendment to the planning consent (no. 98/00287/FUL) previously granted for the siting of a trailer within the same grounds. The applicant has re-applied with a view to siting the trailer in an alternative position, but within the same grounds, that would in her opinion be better for access and use by potential customers.
2. APPLICATION SITE
2.1 The application site lies within Palacecraig Street, Rosehall Industrial Estate, in Coatbridge.
2.2 The application site is within the grounds of 9-11 Palacecraig Street and is situated adjacent to the main feeder road within the industrial estate.
3. PLANNING POLICY
3.1 The application site is covered by ECON2 of the Adopted Monklands District Local Plan 1991, which seeks to retain the general industrial character of industrial areas.
4. REPRESENTATIONS
4.1 Two letters of objection have been received in connection with the proposal. The main points raised by the objectors are as follows:-
a) The proposal would not be conducive to the objectors business.
b) The presence of the snack bar would seriously increase traffic and parking in the street.
C) A similar snack bar is in operation in the same street.
Two letters of support have also been received in respect of the proposals.
5. ASSESSMENT
5.1 Under the terms of the Development Plan the application site is located within an area covered by ECON2 : General Industrial Areas where the siting of a catering trailer is considered appropriate.
5.2 With regard to the objections raised by the objectors. Firstly, the objection raised by the competitor, Mrs Kane, is not considered as a material planning objection to the proposal.
5.3 Secondly and thirdly, the siting of this particular trailer has already been approved in principal by the Planning and Development Committee of 6 May 1998 and has been in operation since that time. As the current application is simply to move its location to a more visible and accessible position which I consider will not cause any additional traffic and parking problems, there is no objection in planning terms to the proposal.
6. RECOMMENDATION
6.1 Having taken into account the objectors’ concerns and assessed the application against the relevant policies of the Adopted Monklands District Local Plan 1991, I consider the development to be acceptable from a planning viewpoint and recommend that planning permission is granted.
R9800785.DOC 151
Application No. C/98/00791/FUL Date registered 25 June 1998 APPLICANT MR HUGH TRAINOR, 40 WOOD STREET, COATBRIDGE
Agent John Wylie Building Ltd, 9 Aitkenhead Road, Uddingston DEVELOPMENT ERECTION OF GARAGE/STORE, AND OTHER ALTERATIONS LOCATION 40 WOOD STREET. COATBRIDGE
Ward No. 32 Grid Reference 272475665104
File Reference C/PL/CTW6670400000/RT/KH
Site History No relevant site history
Development Plan Under the terns of the Monklands District Local Plan 1991 the site is located within an area covered by Policies HG9 : Housing policy for existing residential areas and ENV15/1 : Blairhill and Dunbeth Conservation Area.
Contrary to Development Plan No.
CONSULTATIONS
Objection No Objection Water & Sewerage, Transco, Coal Authority Conditions No Reply
REPRESENTATIONS Neighbours One letter of objection.
Newspaper Advertisement No response
COMMENTS The application relates to the erection of a domestic garagehhed and other alterations within the garden ground of the application site. The location and design of the proposals are considered appropriate for an existing residen~ialstreet within a conservation area. Having evaluated the concerns raised in the letter of objection it is considered that planning permission should be granted.
RECOMMENDATION
Grant, subject to the attached conditions.
R9800791 .DOC 152 t 53
List of Background Papers
- Application form and plan - Adopted Monklands District Local Plan 1991 - Letter of objection from Miss Frances Watt, 43 Blairhill Street, Coatbridge
Any person wishing to inspect the above background papers should telephone Coatbridge 812373 and ask for Mrs Rosaleen Toal.
R9800791.DOC t 54
Conditions
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997
2. That, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, the use of the garagdshed 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 garagehhed.
Reason: To safeguard the residential amenity of the area.
3. That the facing materials to be used for the external walls and roof shall be as stated on the approved plans and in the letter from Agent dated 13 July 1998 and no change shall take place unless agreed in writing by the Planning Authority.
Reason: To safeguard the residential amenity of the surrounding Conservation Area.
4. Notwithstanding the approved plans a separate planning application shall be required for the erection of the canopy to the drylng area and screening fence for consideration by the Planning Authority and no works relating to the canopy/fence shall start on site until necessary approvals have been obtained.
Reason: In the interests of the visual amenity of the surrounding Conservation Area.
R9800791.Mx: 155
APPLICATION NO. C/98/00791/FUL
REPORT
1. INTRODUCTION
1.1 The applicant seeks planning permission to erect a domestic garagekhed and to carry out other external alterations to the dwellinghouse lying within the Blairhill and Dunbeth Conservation area, at 40 Wood Street, Coatbridge.
2. LOCAL PLAN POLICY
2.1 The site is zoned under the Adopted Monklands District Local Plan 1991 as HG9 : Housing policy for existing residential areas and as ENVlY1 : Blairhill and Dunbeth Conservation Area.
3. REPRESENTATION
3.1 One letter of objection was submitted by Miss Frances Watt who lives in the neighbouring property at 43 Blairhill Street. The grounds of objection are summaried as follows:-
(a) The length of the garagehtore is excessive.
(b) The garage with an apex roof will overshadow the objector’s garden, will block the view and will create a claustrophobic atmosphere and change the garden conditions for growing plants.
(c) The development represents over-development in the conservation area.
(d) The magnitude of the garagehtore will detract from the natural environment and could lead to devaluation of the objector’s property.
4. OBSERVATIONS
4.1 Firstly, it is noted the garage is greater in length than that of a normal garage since the applicant requires sufficient space for 3 cars. This dimension, although slightly unusual, is not problematic in itself from a planning viewpoint.
4.2 The proposed height is no greater than normal and the garage will be set back 3.5 metres from the existing 2m high boundary wall which divides the site from the property of the concerned neighbour. The large tree growth covering the mutual boundary wall will obscure the view of the garagektore and reduce any impact on neighbouring properties.
4.3 The applicant has sufficient garden ground to accommodate this proposal and I also consider the development to be acceptable within the conservation area, in terms of scale, design and materials.
5. CONCLUSIONS
5.1 Having taken into account the objectors concerns and assessed the details of the application against the relevant policies of the Adopted Monklands District Local Plan 1991, I consider the development to be acceptable from a planning viewpoint.
R9800791 .DOC Application No. C/98/00792/FUL Date registered 22 June 1998 APPLICANT JAMES HAMILTON, 36 BELLSDYKE ROAD, AIRDRIE, ML6 9DU
Agent Padrino Design, 2 Stewart Street, Milngavie, G62 6BW DEVELOPMENT USE OF SHOP AS HOT FOOD SHOP,ERECTION OF VENTILATION FLUES AND INSTALLATION OF NEW SHOP FRONT LOCATION 36 BELLSDYKE ROAD ARDRIE LANARKSHIRE ML6 9DU
Ward No. 46 Grid Reference 276058 664741
File Reference
Site History 97264 95310
Development Plan Zoned HG9 Housing Policy for Existing Residential Areas in the Monklands District Local Plan 1991
Contrary to Development Plan No
CONSULTATIONS
Objection No Objection NLC Environmental Services Conditions No Reply
REPRESENTATIONS
Neighbours No Response
Newspaper Advertisement 4 letters of objection
COMMENTS This application relates to the change of use of a vacant shop to a fish and chip shop on the corner of Bellsdyke Road and Caimhill Road, Airdrie. The site is suitable for the use proposed and raises no problems in terms of policy or traffic. However, the objections received relate to the issues of likely disturbance from prospective customers. These matters have been considered and are detailed in the attached report which concludes that planning permission should be granted subject to the following conditions.
RECOMMENDATION
Grant, subject to the conditions on the attached sheet.
R9800792.DOC t 57 List of Background Papers
' - Application form and plans. - Adopted Monklands District Local Plan 1991. - Letter of objection from Mrs H. Drummond, 58 Faskine Avenue, Airdrie, dated 3 July 1998. - Letter of objection from Alex Paterson, 28 Bellsdyke Road, Airdrie, dated 8 July 1998. - Letter of objection from Margaret R Neilson, 20 Bellsdyke Road, Airdrie, dated 8 July 1998. - Letter of objection from John W. Love, 63 Bellsdyke Road, Airdrie, dated 15 July 1998.
Any person wishing to inspect the above background papers should telephone Coatbridge 812372 and ask for Mr Baxter.
R9800792.DOC 159
CONDITIONS
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That before the development hereby permitted is brought into use a 2 metre high vertical board fence shall be erected along the line marked GREEN on the approved plans.
Reason: In the interests of the amenity of the adjoining residential area.
3. That before the development hereby permitted is brought into use a 1 metre high bollards shall be erected, to the satisfaction of the Planning Authority, along the boundary marked ORANGE on the approved plans.
Reason: In the interests of pedestrian safety.
4. That before the development hereby permitted is brought into use a guard-rail shall be erected, to the satisfaction of the Planning Authority, along the edge of the footpath marked BLUE on the approved plans.
Reason: In the interests of traffic safety.
5. That before the development hereby permitted is completed or brought into use, all the parking and manoeuvring areas shown on the approved plans, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas.
Reason: To ensure the provision of adequate parking facilities within the site.
6. That a detailed drawing showing the bin store location and boundary enclosure shall be submitted to and approved in writing, including any modifications as may be required by the Planning Authority, prior to the start of these works.
Reason: To enable the Planning Authority to consider these aspects in detail.
7. That before the development hereby permitted is brought into use the bin store, as approved under the terms of condition 6 above, shall be erected.
Reason: In the interests of public safety.
8. That before the development hereby permitted is brought into use the ventilation flues shown on the approved plans shall be installed to the satisfaction of the Planning Authority.
Reason: In the interests of amenity.
9. That hours of operation shall be restricted to the following times:- Sunday to Thursday - 12.00 - 22.00 Friday & Saturday - 12.00 - MIDNIGHT
Reason: In the interests of amenity.
R9800792.DOC 160
APPLICATION NO. C/98/00792/FuL
REPORT
1. APPLICATION SITE & PROPOSAL
1.1 This application relates to the change of use of a vacant shop to a fish and chip shop on the corner of Bellsdyke Road and Cairnhill Road, Airdrie. The unit has an associated car park accessed from Bellsdyke Road. On opposite corners there is a licensed grocer and business premises.
1.2 The applicant has indicated that he would like to trade between the hours of 9 a.m. and 12 midnight 7 days a week.
1.3 The site is on the boundary of an area zoned HG9 Housing Policy for Existing Residential Areas in the Monklands District Local Plan 1991. As such the proposed development should be assessed on the impact that it would have on the residential amenity of the surrounding properties.
2. CONSULTATIONS AND OBJECTIONS
2.1 NLC Environmental Services have no objections subject to the installation of the appropriate: water supply; steam and gas filtration equipment; ventilation equipment; and refuse storage facilities.
2.2 There have been 4 letters of objection received following advertisement in the local press. The reasons for objection are as follows:
1) the development would result in smells, litter and vermin; 2) the proposed development would increase the number of vehicles parking in the vicinity of the shop at a busy junction; 3) the development would attract late night activity with accompanying noise; and 4) the proposed development would increase the problems of youths drinking in the park to the rear of the shop.
3. OBSERVATIONS & CONCLUSION
3.1 In response to the above points:
1) The regulation of smells and litter can be addressed through Environmental Health Legislation to a certain degree and the applicant is proposing to install extraction flues to regulate cooking fumes. Litter bins can be provided to encourage responsible litter disposal. 2) The Transportation Manager has no objections to the proposal subject to measures designed to discourage on-street parking along Cairnhill Road adjacent to the junction with Bellsdyke Road. The application site includes a car park which has sufficient capacity for car borne customers and deliveries. The impact on traffic safety should therefore be minimal. 3) Cairnhill Road is a main through route and as such already generates noise from traffic and passing pedestrians. There is currently a licensed grocers on the opposite corner and commercial properties on the other side of Cairnhill Road which currently contributes to noise disturbance. As the application site is located on the boundary of a residential and general industrial area I do not believe that the introduction of this late hours use will significantly impact on the amenity of local residents. 4) Although the proposed development may increase the number of people visiting this corner there is no indication that'it would contribute to people drinking in the park nearby.
3.2 While it is accepted that hot food take-a-ways can generate a degree of nuisance through anti-social behaviour of customers, this should be assessed against the character of the surrounding area. In this case the area is one of mixed uses and the property is located on the edge of the residential area, where a degree of noise and activity is usual. None of the notified neighbours have objected to the proposal. I, therefore feel that subject to appropriate measures regarding traffic and environmental concerns that the proposal will not significantly impact on the residential amenity of the adjoining properties. In view
R9800792.DOC 161
of the concerns expressed by residents in the area I consider that a restriction on opening hours would assist in minimising potential problems of disturbance.
4. RECOMMENDATION
4.1 Given that the proposal lies within an area zoned HG9 Housing Policy for Existing Residential Areas in the Adopted Monklands District Local Plan 1991 and does not cause an unacceptable loss of residential amenity it is considered that planning permission should be granted subject to conditions, one of which is to restrict the opening hours to 10.00pm in the evening Sunday to Thursday.
R9800792.DOC 162
Application No. C/98/00829/FUL Date registered 12 June 1998 APPLICANT TILBURY DOUGLAS HOMES LTD.
Agent ARM Architects, 10 Payne Street, Port Dundas, Glasgow DEVELOPMENT ERECTION OF 58 DWELLINGHOUSES AND ASSOCIATED ACCESS ROADS LOCATION LAND AT OLD MONKLAND ROADNEWTON STREET, COATBRIDGE
Ward No. 40 Grid Reference 272000 663500
File Reference
Site History P79397 Erection of Temporary Caravan Site and Works Compound Granted 16 November 1979.
Development Plan Under the terms of the Adopted Monklands District Local Plan 1991 the application site is located within an area covered by the following policy:- HG9 Housing Policy for Existing Residential Areas.
Contrary to Development Plan No
CONSULTATIONS
Objection No Objection NLC Environmental Services, The Coal Authority, West of Scotland Water, Transco, B.T., NLC Education Department. Conditions NLC Leisure Services No Reply Scottish Power (information previously supplied)
REPRESENTATIONS Neighbours Two
Newspaper Advertisement Not Required
COMMENTS The proposal relates to the redevelopment of an existing residential area located to the north of Old Monkland Road. Previously the site was occupied by 5 No. blocks of flats that have now been demolished. This particular development would consist of a first phase of a Council led redevelopment scheme for the Old Monkland Area and would provide dwellings for rent by Clyde Valley Housing Association. The development would involve the provision of 58 No. dwellinghouses consisting a mix of two storey semi-detached and terraced houses. The proposal concurs with the general aims of the Old Monkland Development Brief produced by NLC Housing Department in 1997 and meets the terms of the Council's design guidance for such redevelopment schemes. Following consideration of the objections raised I would conclude that no disamenity would arise from the proposed development.
R9800829.DOC 163 164
RECOMMENDATION
Grant, subject to the conditions on the attached sheet.
List of Background Papers
- Application Form and Accompanying Plans, Ground Condition Survey. - NLC Housing Development Brief 1997. - Adopted Monklands District Local Plan 1991. - Consultation Responses from:- West of Scotland Water received 7 July 1998. NLC Environmental Services received 3 July 1998 and 29 June 1998. B.T. received 6 July 1998. NLC Education Department received 30 June 1998. Transco received 25 June 1998. The Coal Authority received 1 July 1998. NLC Leisure Services received 23 July 1998. Letter of objection from Jane A Brown, 101 Old Monkland Road, Coatbridge received 24 June 1998. Letter of objection from Christopher Homes, 111 Old Monkland Road, Coatbridge received 23 June 1998.
Any person wishing to inspect the above background papers should telephone Coatbridge 812376 and ask for Mr Colin Marshall.
R9800829.DOC t65
CONDITIONS
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That the development shall be carried out strictly in accordance with the plans hereby approved and no change to the design or external finishes of the dwellinghouseshoundary fences shall take place without the prior written approval of the Planning Authority.
Reason: In the interests of amenity.
3. That the trees coloured green on the existing site layout plan (drawing no.393-D200) shall be retained and before the development hereby permitted starts, tree protection measures consisting of a 1.5 metre high chespale fence shall be erected along the drip line of the trees and shall not be removed without the written approval of the Planning Authority.
Reason: To ensure protection of existing trees and in the interests of amenity.
4. That within 1 month of the date of the planning consent, a scheme of landscaping, including full details of 'the equipped play area as noted on the approved plans, shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: In the interests of amenity.
5. That before the occupation of the last four dwellinghouses within the development hereby permitted, all the works required for the provision of the equipped play area and ,all landscaping works approved under the terms of condition 4 above shall be completed.
Reason: To ensure the provision of adequate play facilities within the site.
6. That, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no development shall take place within the curtilage of any dwellinghouse within the application site, other than that expressly authorised by this permission.
Reason: To enable the Planning Authority to retain effective control.
7. That the proposed road and footpaths shall be constructed to the specifications/details of the Roads Authority.
Reason: In the interests of traffic and pedestrian safety.
8. That no dwellinghouse hereby permitted shall be occupied until the road and footpath adjacent to it have been constructed to basecourse standard and the road and footpath shall be maintained thereafter to the satisfaction of the Planning Authority during the construction phase.
R9800829.DOC 166
Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings.
9. That within 1 month of the date of this consent, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and shall include proposals for the continuing care, maintenance and protection Of:- (a) the proposed equipped childrens play area; (b) the proposed grassed, planted and landscaped areas hatched green on the approved plan; (c) all retained and new tree planting; (d) the proposed fenceslwalls to be erected along the boundaries marked red on the approved plans
Reason: To safeguard the amenity of the area.
10. That a dropped kerb vehicular access shall be provided for the parking area for plots nos.39-43 inclusive to the satisfaction of the Planning Authority.
Reason: In the interests of public safety.
11. That the first 2.0 metres of each driveway shall be surfaced over its entire width with an impervious material, to the satisfaction of the Planning Authority.
Reason: In the interests of public safety and to prevent deleterious material being carried out onto the highway.
R9800829.DOC 167
APPLICATION NO. C/98/00829/FWL
REPORT
1. SITE DESCRIPTION AND PROPOSALS
1.1 Planning permission is being sought for the erection of 58 No. dwellinghouses and associated access roads at a redevelopment site bounded by Old Monkland Road, Newton Street, Cadzow Crescent and Kellock Avenue, Coatbridge.
1.2 This particular proposal would consist of a first phase of a Council led redevelopment scheme for the Old Monkland Housing Area (refer North Lanarkshire Housing, Old Monkland, Coatbridge A Development Opportunity, Development Brief 1997).
1.3 The application site extends to some 1.4 ha. and was formerly occupied by 5 No. blocks of flats that have now been demolished. The remaining area has a level grassed surface and some mature trees remain close to Old Monkland Road. The site is located within a predominantly residential area.
1.4 The developer intends to provide 58 No. 2 storey dwellinghouses comprising 16 No. 4 apartmend4 person, 36 No. 4 apartmend5 person and 6 No. 5/6 apartmend6 person family dwellings. A mix of 4 unit terraced and semi-detached units would be provided.
1.5 A new access road would be formed off the west side of Newton Street to form a cul-de-sac and turning facility. The road design would also incorporate traffic calming measures. Most of the units would be accessed from the new road however other houses would face Kellock Avenue and Newton Street. No access would be available from Old Monkland Road.
1.6 The proposed finishing materials would comprise Marley Mendip concrete roof tiles in Old English Dark Red or Smooth Grey with red coloured ridge tiles. All housing units would have a mix of facing brick walls with buff multi/red/brown multi or red with light buff mix. Each house would be set within its own garden area with provision of either a driveway or dedicated curtilage parking. Visitor parking would also be provided throughout the site. Each house plot would have it’s own bin storage area.
1.7 A mix of boundary treatments are proposed. At Old Monkland Road and Cadzow Street, a 700mm brick wall with 900 vertical timber fence would be provided. At each end this would reduce in height to a 700mm brick wall to safeguard traffic visibility splays. Elsewhere 1800mm high vertical timber screen fences would be provided. Individual garden areas would be delineated with lOOOmm high vertical fences to rear and 300mm high timber trip rail to front gardens.
1.8 Throughout the proposed layout the developer would provide additional tree planting to soften the impact of the development. In addition the developer shall retain 2 No. mature trees located off Old Monkland Road. It is noted that other trees within the site would be removed.
1.9 An equipped children’s play area measuring approximately 100 square metres would be located within the layout. The play area would be fenced off from surrounding rear garden areas by a 1800 mm high vertical timber fence and peripheral landscape strip. A dog grid is to be provided at the entrance. The play area would also be screened by some tree planting. Clyde Valley Housing Association have confirmed they would maintain this and other areas of open space.
2. PLANNING POLICIES
2.1 Under the terms of the Adopted Monklands District Local Plan 1991 the application site is located within an area covered by the following policy:
HG9 Housing Policy for Existing Residential Areas.
R9800829.DOC 168
3. DEVELOPMENT BRIEF
3.1 A development brief for the redevelopment of the Old Monkland area was produced by NLC Housing Department in 1997.
3.2 This brief evolved through discussion with the local community and sought to invite developers to submit schemes for a combination of refurbishment, new build and management of residual housing stock for the overall area. The brief encouraged developers to submit novel regeneration improvement schemes. General design requirements included:-
* No direct access onto Old Monkland Road. * Maximise traffic calming and encourage both defensible space and road safety. * Introduce a variety of house sizesltypes to ensure tenure diversification and choice. * Adequate useable garden area. * Create a well surveyed and lit development for security purposes.
4. CONSULTATIONS
4.1 The Director of Leisure Services suggested that the proposal be amended to incorporate the following recommendations. That the proposed play area be increased in size to a minimum of 500 square metres, and that equipment should be positioned a minimum of 15 metres from the nearest dwelhg. Whilst the provision of a multi-play unit with slide and two seat swing bay was considered an acceptable level of equipment for this size of development, it was suggested that a suitable safety surface be provided for the equipment and that the play area be dog proof by provision of appropriate fencing and dog grid. The Director of Leisure Services also considered that the proposed housing development would be acceptable despite the loss of an area of green space. Concern was expressed over the need to ensure a satisfactory boundary treatment as no peripheral planting or landscape works are proposed that may otherwise break up the normal vertical timber fencing favoured by most housing developers. It was further suggested that it would be desirable to retain at least a few of the largest trees at the eastern end of the site. Failing this, the proposed tree planting scheme for the development site should comprise heavy standard types with stem girths of at least 14-16 cm in order to give an instant visual impact.
4.2 No adverse comments were received from the other noted consultees.
5. REPRESENTATIONS
5.1 Two letters of objection were received from neighbouring residents and the relevant material concerns can be fairly summarised as follows.
5.2 That the current proposal does not accord with the terms of development brief as this area was to have been developed for private housing purposes.
5.3 That the proposal would constitute an over-development of the site, would be detrimental to traffic safety and would be detrimental to the visual amenity of the surrounding area.
5.4 That the development would result in increased noise, traffic, vandalism and would increase pressure on the existing drainage system.
5.5 That the development does not allow pedestrians a through-route via the site. This would increase the distance pedestrians need to walk from Old Monkland Road to Kirkwood Station.
5.6 That the loss of the current open space area would be detrimental to the amenity of the surrounding residents.
R9800829.DOC 6. ASSESSMENT
6.1 Further to the terms of objection summarised above, I would offer the following comment.
6.2 The development brief for the Old Monkland Area set out to improve the diversity and tenure of the existing housing stock through a combination of refurbishment, new build and management of residual rented stock. The brief acknowledged that to achieve a novel regeneration package the redevelopment plan would need to be flexible. The application site area may well have been considered suitable as a private development site, however the current proposal to provide dwellings for rent remains within the context of the development brief.
6.3 The submitted layout makes full use of the available site area and it is noted that certain rear garden areas are only approximately 7.0 metres in depth. Usually a rear garden depth of 9.0 metres is normally expected, this to ensure that houses facing each other are at least 18 metres apart. In this instance the site layout would not lead to any new dwellinghouse encroaching the privacy of another either within the site itself or on the surrounding area. It is my view that each dwellinghouse will be provided with an adequate and useable rear garden area. As such I do not agree that the site would constitute an overdevelopment. Notwithstanding this it should be noted that a disamenity may arise if some of the houses were extended. Current planning regulations allow certain house types to be extended without submitting formal planning applications and I consider it would be reasonable in this case to remove permitted development rights via an appropriate planning condition in the interests of retaining satisfactory rear garden amenity spaces throughout this development site. The applicant has agreed to the inclusion of such a condition.
6.4 No objections were received from the West of Scotland Water and it is therefore assumed the development would not have a significant impact on existing water and drainage infrastructure provisions. As noted above the layout meets the general terms of the Council’s design guidance on such proposals, provides adequate parking spaces/driveways and is designed to permit road junction visibility splays to be maintained. It is accepted that the development would result in an increase in the number of residents in this area, and that this in turn may lead to increased noise and traffic movements however this would not be of such a scale to be detrimental to the amenity of the surrounding residential area.
6.5 Whilst the proposed layout is designed to prohibit through pedestrian routes for site security purposes the suggested detour is minimal and I do not consider pedestrian links to other parts of the Old Monkland area would be compromised.
6.6 Public open space areas located within housing areas can have two principle functions. Firstly to add to the visual amenity of a built up area and secondly to provide passive/active recreational facilities. On the first point, it is clear that the opedpassive aspect of the existing site would undoubtedly be lost as a result of the proposed development and this would represent a loss of amenity, not only to the two objectors but to most of the residents who overlook the public open space area. However, I also consider this loss of amenity would be mitigated by improvements gained by the redevelopment proposals. It is clear that the former blocks of flats which occupied the site were unpopular with the local community and the communal parking and amenity spaces were susceptible to vandalism and related security problems. To a large degree these problems were caused by inherent design faults not only to the flats themselves but also with the lack of security measures to communal areas. It is my view that the current housing proposals would bring significant improvements, not only to the local housing stock itself, but also to important security issues by providing individual garden and parking areas and introduce a sense of place and identity for future residents. On the second point, the application site is not specifically designated as an recreational area. Although located some distance away there are large tracts of public open space located to the north of Croy Road and further east, along Old Monkland Road and these would continue to serve the local community. Although the objectors outlook over the existing site would change, on balance I consider the benefits accrued by the development would outweigh the loss of the open space area.
R9800829.DOC 6.7 Having considered the matters raised by the objectors it is my view that the proposed development would not be detrimental to the overall amenity of the surrounding residential area.
6.8 With regard to the consultation response provided by NLC Leisure Services I would offer the following comment. In response to the concerns raised by Leisure Services, the applicant advised that it would not be possible to increase the size of the equipped children’s play area to 500 square metres without losing at least 2 or 3 no. housing units. This would be unacceptable to the developer as it would entail a shortfall in the number of units required to re-house the local community. The task of providing a satisfactory number of new housing units within a defined housing redevelopment area can be difficult, particularly when high density flats are replaced with more traditional house units. These new house types will generally require larger plot areas to accommodate individual parking and garden areas. It is my view that in considering re-development proposals, particularly in high density local authority housing areas such as this, that some of the expected design standards need to be relaxed accordingly. In addition, I consider the wider aims of providing the required number of new housing units for the local community outweighs the need to increase the size of the child’s play area. Other aspects of the play areas design would accord with the above noted design requirements. With regard to the other matters noted by Leisure Services, the applicant has agreed to provide satisfactory boundary treatments, retain existing mature trees located off Old Monkland Road and introduce heavy standards to prominent site areas. Overall I consider the design of the proposed layout to be an acceptable compromise as the general aims of the development brief would be met with no significant detrimental impact on the amenity of future residents.
6.9 In consideration of the foregoing matters it is my view that the proposal is acceptable and recommend the application be granted planning permission subject to conditions.
R9800829.DOC 171
Application No. C/98/00844/FUL Date registered 16 June 1998 APPLICANT MR GHULAM GHOS, 96 GLEN ROAD, WISHAW
Agent G Robertson, 36 Catherine Street, Motherwell, ML1 2RN DEVELOPMENT CHANGE OF USE OF SHOP TO HOT FOOD TAKE AWAY LOCATION 155 CALDER STREET, COATBRIDGE, LANARKSHIRE ML5 4QR
Ward No. 35 Grid Reference 274408664310
File Reference
Site History Planning consent for the erection of an internally illuminated projecting box sign, application no. 911593, was refused on 28th February 1992.
Development Plan Zoned HG9 Housing Policy for Existing Residential Areas in the Monklands District Local Plan 1991.
Contrary to Development Plan No
CONSULTATIONS
Objection No Objection NLC Environmental Services Conditions No Reply
REPRESENTATIONS
Neighbours No Response
Newspaper Advertisement 2 letters of objection
COMMENTS This application relates to the change of use of a vacant shop to a hot food take away at 155 Calder Street, Coatbridge. No external alterations are proposed. Following a full assessment of the proposal, taking into account all material considerations, including the concerns raised in the 2 letters of objection, it is considered that planning permission should be granted for a period of one year to allow the impact of the development to be monitored.
RECOMMENDATION
Grant, subject to the conditions on the attached sheet.
R9800844.DOC 172 173
List of Background Papers
- Application form and plans - Adopted Monklands District Local Plan 1991 - Consultation response from NLC Environmental Services dated 24 June 1998 - Letter of objection from Mr A Antonelli, c/o Night Star, 90 Whifflet Street, Coatbridge - Letter of objection from Kelly’s Fish & Chicken Bar, 45 Sikeside Street, Coatbridge
Any person wishing to inspect the above background papers should telephone Coatbridge 812372 and ask for Mr Baxter.
R9800844.DOC 174
CONDITIONS:
1. That the permission hereby granted is for a temporary period of 1 year from the date of consent.
Reason: To enable the Planning Authority to retain effective control.
2. That the permission hereby granted relates to a change of use only and, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no alterations shall be made to the external appearance of the building.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
3. That before the development hereby permitted is brought into use, a high visibility Type 'C' guard- rail shall be erected along the heel of the footpath marked GREEN on the approved plans.
Reason: In the interests of road safety.
4. That before the development hereby permitted is brought into use a suitable means of disposal of cooking fumes shall be employed such as a mechanical extract system with ducting which requires to terminate not less than one metre above eaves level.
Reason: In the interests of amenity.
R9800844.DOC 175
APPLICATION NO. C/98/00844/FcTL
REPORT
1. APPLICATION SITE & PROPOSAL
1.1 Xhis application relates to the change of use of a vacant licensed grocer to a hot food take away at 155 Calder Street, Coatbridge. The shop is on the boundary of the Calder Street Enterprise Zone site. There is a Public House and a Licensed Grocer on the same side of the road with residential properties opposite.
1.2 The site is zoned HG9 in the Monklands District Local Plan. As such the proposal should be assessed on its impact on residential amenity.
2. REPRESENTATIONS
2.1 Two letters of objection were received from other hot food traders indicating the following reasons:
a) that the proposed shop would adversely impact on a fish and chip business on Sikeside Street, and b) that the proposed hot food take-away shop would cause parking problems that could impact on pedestrian and road safety.
'3. OBSERVATIONS
3.1 The potential impact this proposed take-away would have on the objectors business is a commercial matter and is not a valid planning consideration.
3.2 The issue of on-street parking can be addressed by the erection of a guardrail, at the applicants expense, along the frontage of the property. This should discourage parking along Calder Street, or on the footpath, adjacent to the traffic island. There is space available on Partick Street for parking and turning.
3.3 The application site is located on the edge of the residential area and as a result the impact on residential amenity will be limited.
4. CONCLUSION & RECOMMENDATION
4.1 Although the property is within an area zoned as existing residential the introduction of this further late hours use will not impact greatly on the amenity of the residential properties opposite. Subject to the erection of a guardrail I believe that the traffic impact can be reduced. However, to enable traffic flows to be monitored and the resultant impact on amenity assessed I feel that planning consent should be granted for a temporary period of 1 year.
R9800844.DOC 176
Application No. s/98/000 14/0u~ Date registered 12 January 1998 APPLICANT BRITISH STEEL, RAVENSCRAIG WORKS, MOTHERWELL MLI 1sw Agent James Barr & Son, 213 St. Vincent Street, Glasgow G2 5QH DEVELOPMENT RESIDENTIAL DEVELOPMENT (IN OUTLINE) LOCATION WISHAW LOW ROAD, CLELAND
Ward No. 19 Grid Reference 279640-657860
File Reference S/pLfB/4/26(28)/DA/AB
Site History No significant site history
Development Plan Finalised Wishaw Local Plan - Policy El (Green Belt) Finalised Southern Area Local Plan Policy HSG 2 (Private Housing Development)
Contrary to Development Plan Yes
CONSULTATIONS
Objection No Objection Coal Authority, West of Scotland Water, Scottish Power, SEPA, Scottish Natural Heritage, NLC Director of Leisure Services Conditions NLC Head of Protective Services No Reply
REPRESENTATIONS
Neighbours 4 objections, 1 other representation Newspaper Advertisement No Response
COMMENTS The applicant seeks planning permission in outline for residential development to be accessed from Wishaw Low Road. The site is located to the south west of Cleland and covers a 4 hectare site of mainly rough grassland and spoil heaps. It is included within the local plan’s private housing development opportunities policy and represents a green field release site. There are also associated off-site road improvements which would need to be the subject of a Section 75 Agreement. The proposed development has raised 4 letters of objection from nearby residents. Full details of these, together with my observations and recommendation of approval are detailed in the attached report. Committee should note that should consent be granted the application will have to be referred to the Secretary of State. PLANNING APPLICATION No. S / 98 / 00014 / OUT N RESIDENTIAL DEVELOPMENT ( IN OUTLINE ) WISHAW LOW ROAD, CWD. A 178
RECOMMENDATION Grant, subject to the following conditions:-
1. That the development hereby permitted shall be started, either within five years of the date of this permission, or within two years of the date on which the last of the reserved matters are approved, whichever is the later.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the provision of equipped play areas; (e) the provision of public open space; (f) the details of, and timetable for, the hard and soft landscaping of the site; (g) the phasing of the development; (h) the provision of drainage works; (i) the disposal of sewage; (j)details of existing trees, shrubs and hedgerows to be retained; (k) details of existing and proposed site levels.
Reason: To enable the Planning Authority to consider these aspects in detail.
3. That within three years of the date of this permission, an application for approval of the reserved matters, specified in condition 2 above, shall be made to the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
4. That before the development hereby permitted starts, a report shall be submitted to the Planning Authority regarding the stability of the site for the development proposed and this report shall be based on a professionally supervised and regulated boring programme.
Reason: To ensure the mineral stability of the area.
5. That before development hereby permitted starts, a report describing the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority and the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.
Reason: To ensure the site is free of contamination. 179
6. That the residential development hereby permitted shall consist only of single storey or two storey detached or semi-detached dwellings.
Reason: To ensure the nature of the dwellinghouses is in context with existing dwellings on Wishaw Low Road.
7 That before the development hereby permitted starts, full details and/or samples of all external materials to be used in construction, including walls, roofs, windows, doors, gutters and downpipes, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: To enable the Planning Authority to consider these aspects in detail
8. That notwithstanding the requirements of condition 7 above, the external materials to be used on the dwellinghouses shall be such that they minimise the visual impact upon the landscape and that, for the avoidance of doubt, the following shall be taken into consideration in the design of the dwellinghouses:
(a) roofing materials shall be restricted to tones of dark grey or brown; (b) facing brick, render, dry dash and stone shall avoid very pale or very bright colours, in particular, white dry dash render and light buff facing bricks; (c) window frames, rain gutters and downpipes shall be dark in colour.
Reason: In the interests of the visual amenity of the area.
9. That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: To enable the Planning Authority to consider these aspects in detail.
10. That before any of the dwellinghouses hereby permitted, situated on a site upon which a fence or wall is to be erected are occupied, the fence, or wall, as approved under the term of condition 9 above, shall be erected.
Reason: To safeguard the amenity of future residents.
11. That notwithstanding the provisions of Class 7 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no gates, fences, walls, or other means of enclosure, shall be erected between the front of the dwellinghouse hereby permitted and the adjoining road.
Reason: To ensure the provision of an open plan policy in the interests of visual amenity. t 80
12. That the housing development hereby permitted shall be developed in accordance with the minimum sizes and dimensions detailed below, viz:-
(a) a minimum front garden depth of 6 metres; (b) a minimum rear garden depth of 10 metres; (c) a minimum rear garden area of 70 square metres for plots up to 300 square metres total area; (d) a minimum rear garden area of 100 square metres for plots over 300 square metres total area; (e) a minimum garden area to dwellinghouse ground floor area ratio of 60:40 for plots up to 300 square metres total area; (f) a minimum garden area to dwellinghouse ground floor area ratio of 70:30 for plots over 300 square metres total area; (g) a minimum distance between the side wall of any dwellinghouse and the side garden boundary of 2 metres.
Reason: In the interests of amenity and to ensure the construction of a low density residential development befitting an urban fringe location.
13. That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, any garages built within the curtilage of any of the dwellinghouses hereby permitted shall be finished in materials which match those used on the existing dwellinghouse.
Reason: In the interests of the visual amenity of the area.
14. That, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, the use of the garages 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 garages.
Reason: To safeguard the residential amenity of the area.
15 That, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, integral garages shall not be altered for use as a habitable room.
Reason: To enable the Planning Authority to retain effective control and to ensure the provision of adequate parking facilities within the plot.
16. That before any of the dwellinghouses hereby permitted is occupied, a private vehicular access, or driveway, of at least 10 metres in length, shall be provided and the first 6 metres of this access, beyond the limit of the adjoining road, shall be surfaced in an impervious material, to the satisfaction of the Planning Authority.
Reason: In the interests of public safety and to prevent deleterious material being carried out onto the highway. 181
17 That no dwellinghouse shall be occupied until the access roads and footways leading thereto from the existing public road have been constructed to base course level.
Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwel liiigs.
18. That before the last of the dwellinghouses hereby permitted is occupied, all roads and footways shall be completed to final wearing course.
Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings.
19. That only one vehicular access to the application site shall be formed and shall be taken from Wishaw Low Road.
Reason: To minimise traffic flows along Wishaw Low Road in the interests of the amenity of existing adjacent residents.
20. That a visibility splay of 4.5 metres by 60 metres, measured from the road channel, shall be provided on both sides of the vehicular access and before the development hereby permitted is started, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.
Reason: In the interests of public safety.
21 That before occupation of the first dwellinghouse hereby permitted, a two metre wide footway, to final wearing course level, shall be provided along the full Wishaw Low Road frontage of the site.
Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings.
22. That before the development hereby permitted starts, a scheme of landscaping, includiiig boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) details of the phasing of these works.
Reason: In the interests of the visual amenity of the area. t 82
23. That within one year of the occupation of the last 20 dwellinghouses within tlie development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 22 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within 2 years of the completion of the development, shall be replaced within the following year with others of a similar size and species.
Reason: In the interests of the visual amenity of the area.
24. That minimum play space of 0.35 hectares shall be provided, with at least 0.10 hectares to be equipped play area space, and that the equipped play space area shall be located as close to the centre of tlie developinent as possible.
Reason: To ensure the provision of adequate play opportunities, in accord with tlie aims of National Planning Policy Guideline 1 1.
25. That before occupation of the last 30 dwellinghouses within the developineiit hereby permitted, all the works required for the provision of equipped play area(s) and, included in the scheme approved under the terms of condition 24 above, shall be completed.
Reason: To ensure the provision of adequate play facilities within the site.
26. . That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include proposals for the continuing care, maintenance and protection of all open space, including the equipped play area.
Reason: 111 the interests of the visual amenity of the area.
27. That before completion of the development hereby permitted, the management and maintenance schemed approved under the terms of condition 26 shall be in operation.
Reason: In the interests of the visual amenity of the area.
28. That before development starts, an area at least 10 metres from the outer canopy line of trees to the west of the application site shall be fenced off in accordance with British Standard BS 5837.
Reason: To ensure protection of the trees and bushes to the west of the site.
29. That ground within the 10 metre cordon identified in condition 28 above shall not be disturbed or incorporated into garden ground.
Reason: To ensure protection of the trees and bushes to the west of the site. t83
30. That the scheme of landscaping detailed in condition 22 above shall include a landscaped strip of at least 3 metres depth to the rear of the footway, to be provided along the frontage of Wishaw Low Road, and this landscaped strip shall incorporate tree planting, of a species mix to be approved in writing by the Planning Authority, at 4 metres spacing.
Reason: To replace the mature trees to be removed as a result of the development hereby permitted.
31. That before an application for reserved matters, as defined in condition 2 is submitted, a report from an appropriately professionally qualified source shall be submitted for the approval of the Planning Authority, which determines the locatioii and extent of badger activity within and immediately adjacent to the application site.
Reason: To ensure adequate measures are put in place to protect the species and associated habitats. ,
32. That the details shown on the approved plans have been taken to be merely indicative of the applicant's intentions and that no consent is hereby granted in respect of any such details.
Reason: The approval is in principle only.
NOTES
1. If granted, this application will require to be referred to the Secretary of State for Scotland in accordance with the Town and Country Planning (Notification of Applications) (Scotland) Direction 1997.
2. The applicant has agreed to enter into an agreement in terms of Section 75 of the Town and Country Planning (Scotland) Act 1997 in respect of the construction of an off-site roundabout. The planning consent should not be issued until these matters have been concluded.
List of Background Papers
Application form and plans, dated 12 January 1998 Finalised Wishaw Local Plan Finalised Southern Area Local Plan Letter from British Coal, dated 2 1 January 1998 Letters froin West of Scotland Water, dated 27 January and 30 April 1998 Letter from Scottish Power, dated 29th January 1998 Letters from Scottish Natural Heritage, dated 6 February and 5 March 1998 Memo from Director of Leisure Services, dated 3 February 1998 184
Memo from Head of Protective Services, dated 24 February 1998 Letter from Scottish Environment Protectioii Agency, dated 25 February 1998 Letter from Mr McFadyen, 2 Wishaw Low Road, Cleland, dated 19 January 1998 Letter from Mrs Daly, 1 Wishaw Low Road, Cleland, dated 20 January 1998 Letter from Tom Young Ltd., Wishaw Low Road, Cleland, dated 2 February 1998 Letter from Mrs Campbell, 43 Lithgow Drive, Cleland, dated 1 February 1998 Letter from Mrs Todd, 45 Lithgow Drive, Cleland, dated 10 February 1998
Any person wishing to inspect the above background papers should telephone Motherwell 302090 and ask for Mr Ashman. 185
APPLICATION NO. S/98/00014/OUT
REPORT
1. APPLICATION AND SITE
1.1 The applicant seeks planning permission in outline, for residential development on a site to the south west of Cleland village.
1.2 The site is roughly rectangular in shape and covers an area of over 4 hectares. It is bounded to the east by Wishaw Low Road and line of mature ash trees interspersed with hawthorn hedging. To the south, development has commenced on the provision of 27 house plots at Knowenoble Farm. To the west are the wooded slopes of the Tillan Burn, which form an integral part of a Site of Importance for Nature Conservation, as defined by the Phase 1 Habitat Survey carried out by the former Motherwell District Council. An embankment and cutting associated with an old mineral railway fonns the northern boundary of the site.
1.3 The site is mainly covered by improved grassland, which is of low conservation value. There are, however, areas of scattered scrub and marsh grassland. There is also evidence of a former railway cutting and an old spoil heap or refuse tip, both of which have been colonised over time by various plant species. The land rises gently from the Wishaw Low Road and Lithgow Drive boundaries to a plateau in the south west corner.
1.4 Although the application is in outline, a trial layout has been submitted showing 9 1 two storey dwellinghouses (detached and semi-detached) a looped access road and 4 distinct areas of open space. These areas of open space are indicative of constraints within the site, including a sewer and water main and two mine shafts. However, this layout is indicative and does not meet many of the open space criteria of the former Motherwell District Couiicil (new criteria for North Lanarkshire Couiicil are in preparation). The plans also show the provision of a roundabout at the intersection of Wishaw Low Road, Wishaw High Road and Main Street.
1.5 Overall, the proposed development is located on a greenfield site, albeit that the land is not of significant agricultural quality. Nevertheless it is bordered to the west by land of ecological and environmental value. The proposed development, if approved, would lead to a south westward extension of Cleland village.
1.6 Committee may wish to note that the delay in submitting a report on this application is due to the length of time taken by the applicant to submit details of proposed off-site road works associated with the application. This is explained in more detail below. It should also be noted that the applicant, British Steel does not intend to develop the land but is looking to market the land with a valid planning consent. It therefore follows that references throughout this report to “the applicant” may also be construed as referring to whichever developer(s) subsequently apply for reserved matters consent to develop the site.
2. CONSULTATIONS
2.1 The Coal Authority - point out that there are 3 mine entries within 20 metres of the site, although there are no records of what steps, if any, have been taken to treat the mine entries. lt is also pointed out that the Coal Authority records may be incomplete and that other entries 186
may exist. Provided the appropriate technical advice is sought before works are undertaken, they have no objection to the development.
2.2 West of Scotland Water - advise that the site is constrained by a sewer main and a water main. Nevertheless, the sewer can take the expected increased levels of sewerage and a water supply can be made available for the proposed development.
2.3 Scottish Power - have no objection.
2.4 Scottish Environment Protection Agency - have no objection in principle, although it may be necessary to pump foul sewage from the site to the local authority sewer.
2.5 Scottish Natural Heritage - have no objection, subject to various conditions being met as follows:-
* the provision of a stand-off distance of 10 metres between the western boundary of the site and the ancient woodland; 0 details are submitted regarding the action required to maintain and enhance the existing ancient woodland and any new landscaping within the development site; the belt of mature trees to the east of the site are retained, together with isolated trees to the south; 0 a commitment is obtained addressing possible problems of fly tipping onto the adjacent woodland and subsequent pollution of the burn; survey work is undertaken to check the presence of badger setts in the ancient woodland and railway embankment; access to the footpath running along the northern edge of the development site is allowed.
2.6 NLC Leisure Services - make various comments from all sections of the Department. These may be summarised as follows:-
0 consideration should be given to retention of as many trees as possible along the eastern boundary of the site; 0 there should be a 30 metre buffer strip of open land between the development and the ancient woodland to the west of the site; 0 a badger survey may be necessary; 0 some of the marshy areas and spoil heaps should be retained for their value to nesting birds and insect species, with a circular path and pond created; 0 a minimum 0.35 hectares of play space, with at least 0.1 hectares of equipped play area, should be provided. One centralised play area is suggested.
2.7 NLC Protective Services - indicates that due to the history of past usage, a site investigation is required and details of remedial measures to deal with contaminants, if any are found, are to be submitted.
3. OBJECTIONSKEPRESENTATIONS
3.1 Four letters of objection to the application have been received. One further letter making other representations has also been received. 187
3.2 The objections may be summarised as follows:-
* Increased risk of pedestrianhehicular accidents due to increased traffic flows, existing and proposed road geometry, lack of pedestrian crossings, and the nature of road traffic (especially lorries) Fear of access being taken from Litligow Drive Loss of visual outlook Proximity of play areas to existing residences Criticism over site re-zoning and lack of public consultation Creation of a gathering point for “undesirable elements” of the community.
3.3 The other letter of representation came from a business operating in Wishaw Low Road and was concerned with possible effects on traffic management, if the application is granted, and the way this could adversely affect the business. Discussions are being held with the Couiicil regarding relocation of the business.
4. DEVELOPMENT PLAN ISSUES
4.1 Wishaw Local Plan - This local plan, Finalised in 1986, includes the application site within Policy El, which states that within the area defined as Green Belt there is to be a general presumption against residential, industrial and commercial uses. The Policy also lists exclusions to this general bar on development, although the proposed use is not included within this list.
4.2 Southern Area Local Plan, Finalised Draft - This local plan, recently approved by the Council will, when adopted, replace the Wishaw Local Plan. The application site is covered by Policy HSG2, which states that
“The Council will actively support and, where appropriate, promote the release of sites identified in Schedule HSG2 and shown on the Proposals Map for private sector housing development, as well as other suitable infill or redevelopment sites within the existing built up area”.
The application site appears in both the aforementioned Schedule and the Proposals Map.
4.3 The Committee should note that, ordinarily the Finalised Wishaw Local Plan would be superseded by the Finalised Southern Area Local Plan. However, at the time the application was submitted, the latter plan had not been prepared and, therefore, the application had to be advertised as a departure from the development plan. Accordingly, should the Committee approve this application it will have to be referred to the Secretary of State.
5. COMMENTS AND OBSERVATIONS
5.1 This section of the report addresses those issues raised by objectors and consultees, assesses the merits of the proposal in relation to these issues and the terms of the development plan, and, finally, draws conclusions on the proposed development. 188
5.2 Some of the issues raised by objectors have been clarified by correspondence during the processing of the application. For instance, it was explained to the objector complaining about re-zoning of the site and public consultation on this that the re-zoning took place during preparation of the Consultative Draft Local Plan by the former Motherwell District Council and that the normal full publicity procedures were followed. Similarly, vehicular and pedestrian access is not to be taken from Lithgow Drive. This would require the crossing of land in Council ownership.
5.3 The matter of traffic and pedestrian safety merits more discussion. Objectors express concerns about previous accidents at the Main StreeVWishaw Low Road/Wishaw High Road junction and are alarmed about a perceived increase in accidents. Their fears are probably compounded by the narrow width of front gardens in the vicinity of the junction, parking on Wishaw Low Road near to the junction, and the speed of vehicles approaching the junction. Similar concerns were expressed during consideration of the previous application for the development of house plots on the adjacent Knowenoble Farm. At that time, Strathclyde Police were contacted regarding accident records at this locus. The official records show very few accidents reported and it has therefore to be assumed that these accidents have been minor in nature, with no loss of life or serious damage to property.
5.4 Nevertheless, approval of this application would lead to an increase in traffic using Wishaw Low Road (over and above that due to be generated by the Knowenoble Farm development) and with increased car numbers comes an increased propensity of traffic accidents. Discussions have been ongoing with the applicant on junction improvements and it has been concluded that the most satisfactory solution would be a mini-roundabout at the Main StreedWishaw Low Road/Wishaw High Road junction. This would be associated with an alteration to existing kerblines, new roadmarkings and the creation of 3 off-street parking spaces on Wishaw Low Road. The latter is intended to discourage parking by existing residents or their visitors within 20 yards of the junction which may be part of the presently perceived traffic safety problems. From a traffic management point of view, 1 am satisfied that this is an adequate solution to the traffic flow problems which may arise as a result of approval of the application. It would also help to slow down vehicles approaching the junction and therefore contribute to road safety. It should be noted, however, that as these road works would be outwith the application site, a Section 75 Agreement would be required. The applicant has indicated a willingiiess to entertain such an agreement.
5.5 With respect to comments on pedestrian crossings, even with the proposed development there would be insufficient flow to justify a crossing in the vicinity of the junction. Most pedestrians from the site would have little need to cross to the east side of Main Street in the vicinity of the junction as amenities are mostly located on the same side of Main Street as the residences. Nevertheless, during the school term a school crossing patrol operates on Main Street a few yards north of the junction. I therefore do not consider that the proposed development has any adverse implications for pedestrian safety and, indeed, will improve pedestrian safety with the creation of a 2 metre wide footway along the length of Wishaw Low Road. t 89
5.6 Some concerns have been expressed regarding the location of play areas within the new development adjacent to existing houses. It is emerging Council policy that one large play area be located more centrally within a development than several scattered ones on the periphery. Accordingly, the objector’s fears should prove to be unfounded. This matter would be more appropriately addressed by the reserved matters application.
5.7 Concerns have also been raised that the proposed development could become a gathering point for “undesirable elements” of the community. From site observations, this is already tlie case and is therefore an existing social problem. It is a matter better addressed by Strathclyde Police and is not regarded as strictly relevant to this application.
5.8 With respect to interruption of the visual outlook of existing residences, inevitably there will be a change. Provided that the development is carefully designed with privacy concerns addressed through adequate spacing between dwellings, the loss of visual outlook may be compensated. It should be noted that the current visual outlook is either limited by the proximity of mature trees and hawthorn hedging or is across spoil heaps, unmaintained pasture or vandalised fencing.
5.9 Most issues raised by consultees can be addressed via conditions attached to a planning consent, as I consider that none of these merits outright refusal of the proposed development. Furthermore, the applicant is already aware of many of the constraints affecting the site.
5.10 However, the nature conservation issue merits more detailed discussion and analysis. The first major concern raised by two consultees is that there are thought to be badgers within or adjacent to the site. As a protected species, this could have important repercussions for any development proposals. Until it is known for sure whether or not there are badgers within the site, the extent to which the development can be implemented will remain in doubt. It is appropriate under tlie circumstances, to require that a detailed badger survey be completed before development cominences. An appropriately worded condition may address these concerns.
5.1 1 Elsewhere within the site, reference is made to the retention of spoil heaps and adpccnt areas. Altliough there may be merit in this from a nature conservation viewpoint, it has 10 hc considered that the whole application site has been identified as a housing developmcnt opportunity and, on this basis, the retention of the spoil heaps, irrespective of their limited conservation value, is inappropriate. Similarly, although a belt of mature trees on the eastern boundary of the site is identified, once the site is developed for residential purposes its nature changes. The line of trees is located where a footway will be required. It is considered essential that the footway is provided as there is no existing footway on the development side of the road, the footway on the other side of the road is substandard width and is unlikely to be used, and also due to the fact that the carriageway is narrow, which could lead to pedestrian and vehicular traffic conflict.
5.12 The trees and bushes on the western boundary of the site merit protection as they are within a Site of Importance for Nature Conservation (SINC) and a separate report has been put before this meeting of the Committee on this point. The Director of Leisure Services and Scottish Natural Heritage (SNH) have suggested different buffer strip distances from the SINC (30 metres and 10 metres respectively). I consider the latter of these is more reasonable and is sufficient to ensure no disturbance of the ground in the vicinity of the SINC. 190
5.13 The two remaining issues raised by consultees relate to access to the existing adjacent right of way and possible fly tipping. Although SNH have requested that the access to the right of way be kept open, it is considered that it would merely provide a possible “escape route” for troublemakers within the estate. It could also be used as a route for fly-tipping to occur. On this basis and in accordance with the advice given within Planning Advice Note No. 46 on “Planning for Crime Prevention”, I consider that this access should be closed off. Once housing is complete, standard screen fences around rear gardens should ensure fly-tipping opportunities for new residents are eliminated.
6. CONCLUSIONS
6.1 The 1990 Strathclyde Structure Plan identified a housing site shortfall within an area referred to as “East Motherwell Villages”. Through the Local Plan process, previously the Motherwell District Council Local Plan, Consultative Draft (1995) and now the North Lanarkshire Council Southern Area Local Plan, Finalised Draft (1 998), the application site has been identified as an approved greenfield release. Hence the proposed development is in accord with the proposed development plan, although it is contrary to the current development plan.
6.2 The implications of the development for the road network can be accommodated via a Sectioii 75 Agreement and nature conservation issues can be addressed via conditions on a consent and additional surveys and protection measures.
6.3 I am therefore satisfied that the proposed development is appropriate to the area and, notwithstanding the objections made, recommend that planning permission be granted. 191
Application No. Sl98/00255/ADV Date registered 19 February 1998 APPLICANT CNC PROPERTIES PLC, CNC HOUSE, THE GRAND UNION OFFICE PARK, PACKET BOAT LANE, UXBRIDGE UB8 2GH Agent Trainer Limited, 7 Seaward Street, Glasgow G4 1 1HJ DEVELOPMENT ERECTION OF 5 FREE STANDING SIGN BOARDS LOCATION 5 LOCATIONS ON CALDERHEAD ROAD, BENHAR ROAD AND HIRST ROAD, SHOTTS
Ward No. 20 Grid Reference 287 104-663576
File Reference S/PL/B/ 17/43 (95)/SP/AB
Site History
Development Plan Southern Area Local Plan Finalised Draft 1998 - ENV 8 - Countryside Around Towns
Contrary to Development Plan No
CONSULTATIONS
Objection No Objection Conditions No Reply
REPRESENTATIONS
Neighbours Not applicable Newspaper Advertisement Not Required
COMMENTS This application seeks retrospective consent for 5 free standing sign boards which were erected at the end of January 1998 at 5 locations on Calderhead Road, Benhar Road, Shotts Road and Hirst Road, Shotts.
Lengthy discussions have taken place with the agent and applicant with a view to reaching a mutually agreeable compromise. The Committee will be aware that applications for advertisement consent are normally dealt with under delegated powers. However, in this case the applicant is not prepared to amend the proposals and he has requested that the application be determined by the Committee.
Apart from the letting board which has been erected adjacent to the building to which it refers (the former Cummins Engineering Works), the other signs are extremely remote from the premises and set an undesirable precedent in the area.
193
In addition to the undesirability of remote signs, the sign erected at the Shotts RoadIHirst Road junction is endangering road safety due to its proximity to the junction. It is recommended, therefore, that consent be refused for all signs apart from the one which is located adjacent to the building to which it refers.
NOTE The Committee will recall its decision in May 1998 to take Enforcement Action to remove a remote sign at the junction of the A71 (Allanton Road) and the B717 (Burnbrae Road) Shotts.
RECOMMENDATION
Refuse 4 signs and grant 1 sign
Refuse, on the following grounds:-
(1) That the advertisement boards located at:
(A) the junction of Hirst Road and Shotts Road (B) the eastern side of Shotts Road to the north of its junction with Calderhead Road (C) the western side of Benhar Road to the south of its junction with Calderhead Road (D) the southern side of Calderhead Road close to its junction with Shotts Road and Benhar Road
are unacceptable by virtue of their remoteness from the site to which they refer, the undesirable precedent which they set and the detrimental effect which they have on the character and amenity of the surrounding area.
(2) That the advertisement board (A) located at the junction of Hirst RoadiShotts Road, by virtue of its position and content, constitutes a road safety hazard to vehicular traffic.
Grant, subject to the following conditions:-
That this consent refers only to the advertisement'letting board (E) erected on Calderhead Road immediately adjacent to the Centrelink 5 complex.
Reason: To define the consent.
That the consent hereby granted is for a temporary period only and shall expire on 19 August 2001.
Reason: To define the consent.
That on the expiration of this consent, the signs shall be removed and the site reinstated to the satisfaction of the Planning Authority.
Reason: In the interests of amenity. 794
List of Background Papers
Application form and accompanying plans dated 13 February 1998 Letter dated 16 April 1998 from Trainer Outdoor Advertising Letter dated 19 June 1998 from Trainer Outdoor Advertising Letter dated 25 June 1998 from CNC Property Management Ltd. Southern Area Local Plan finalised draft 1998
Any person wishing to inspect the above background papers should telephone Motherwell 302098 and ask for ShirIey Penman. 195
APPLICATION NO. 98/00255/ADV
REPORT
1. DESCRIPTION OF SITE AND PROPOSAL
1.1 The applicant seeks retrospective advertisement consent for 5 free standing sign boards which were erected at the end of January 1998. The signs which relate to “Centrelink 5” (the fonner Cummins Engineering Works) have been erected at five separate locations on Calderhead Road, Benhar Road, Shotts Road and Hirst Road, Shotts.
1.2 The sign boards take two differing forms. Two are 2.4 m x 1.2 m boards which give details of the letting agents, incorporate the marketing logo and give directional information. These are located at the junction of Hirst Road/Shotts Road and on Calderhead Road adjacent to the building to which they refer. The other three signs are 2.4 m x 2.4 m and contain the marketing logo and directional information. All three signs have been erected within close proximity to the junction of Calderhead Road/Shotts RoadBenhar Road.
2. DEVELOPMENT PLAN
2.1 The signs have been erected within an area zoned as countryside around towns in the Southern Area Local Plan, finalised draft 1998.
2.2 Policy Env 8 seeks to promote and protect the countryside and will not normally permit development other than that which relates to agriculture, forestry, outdoor leisure and recreation uses or other appropriate rural uses.
3. PLANNING ASSESSMENT AND CONCLUSIONS
3.1 There is a long history regarding directional signage pursued by the previous occupiers of the “Centrelink 5” complex (formerly Cummins Engineering) in Calderhead Road, Shotts. The former local authority, Motherwell District Council, having resisted requests for remote signage, finally reached a compromise with Cummins in 1994 when one directional sign was approved at the junction of Benhar Road and Calderhead Road. This sign has recently been replaced with one for Lindon Engineering who are tenants of the current applicant. Consent for this sign expires on 30 March 1999.
3.2 While I have no objections to the erection of the letting board/advertisement on Calderhead Road immediately adjacent to the premises to which it refers, I consider that the other 4 advertisements are unnecessary and unacceptable due to their remoteness from the Centrelink 5 complex. I consider, also, that the signs would set an undesirable precedent for other developers within and around Shotts who may wish to advertise their businesses on one of the main routes into the town. I consider that a proliferation of such signs in the rural area would be unacceptable and would have a detrimental effect on the amenity of the surrounding area.
3.3 In addition to the argument of precedent, the sign which has been erected at the junction of Hirst Road and Shotts Road is Unacceptable as it is detrimental to road safety at the junction. The sign has been positioned immediately adjacent to the corner of Hirst Road/Shotts Road and does not allow sufficient distance for road users to prepare for and execute the directional instructions indicated on the sign. The sign includes detailed information, including the letting agents telephone numbers at a scale which is difficult, if not impossible, for passing motorists 196
to read and, consequently, distracts drivers to the detriment of their own and, other road users, safety.
3.4 Lengthy discussions have taken place with the agent and applicant with a view to reaching a mutually agreeable compromise with regard to directional signage from Hirst Road to Calderhead Road. During these discussions I have emphasised that, while it is appreciated that potential tenants/visitors/customers may have difficulty finding their way from the M8 to Calderhead Road, I am of the opinion that directional signage should take a conventional form. The applicant has been advised that an acceptable solution would be to erect temporary black and yellow Automobile Association (AA) type signs initially, with a view to erecting permanent conventional directional road signs which comply with the relevant Scottish Office guidelines rather than the advertisements for “Centrelink 5” which have been erected.
3.5 The applicant has stated that the signs which he has erected form an integral part of his marketing campaign comprising brochures, videos, local and national advertising to promote the partially vacant premises in Calderhead Road. The applicant does not accept that conventional directional signage is appropriate. Consequently, the applicant is unwilling to amend his retrospective application and has requested that the Committee determine the matter.
3.6 Having assessed the application and considered the case made by the applicant, I would conclude that, apart from the advertisemenVletting board which has been erected immediately adjacent to the premises in Calderhead Road, the signs are inappropriate and unacceptable due to their remoteness from the premises to which they refer. These signs would set an undesirable precedent on one of the main routes into Shotts and would be detrimental to the amenity of the surrounding rural nature of the area. In addition, the sign erected at the Hirst Road/Shotts Road junction represents a hazard to road safety. I recommend, therefore that consent for the 4 remote signs be refused and that consent for the sign adjacent to the Centrelink 5 complex be granted.
NOTE The Committee will recall their decision to take enforcement action against a remote sign erected by SMS Construction at the junction of Burnbrae RoadIAllanton Road, Shotts, following my report dated 27 May 1998. The Committee may wish to note that the sign in question was removed by the developer without the necessity of serving the notice.
The Committee ’s attention is also directed to my report recommending Enforcement Action should the Committee be of a mind to agree with my recommendation on this retrospective application for Advertisement Consent. I97
Application No. S/98/00652/OUT Date registered 1 May 1998 APPLICANT JOHNSTON (FALKIRK) LTD., REDBEME ROAD, CAMELON, FALKIRK Agent Menylees & Robertson Architects, 17 Bernard Street, Edinburgh EH6 6PN DEVELOPMENT MIXED USE DEVELOPMENT - OFFICES AND RESIDENTIAL LOCATION LAND TO THE EAST OF MASONIC HALL, HOPE STREET, MOTHERWELL
Ward No. 3 Grid Reference 275120657270
File Reference S/PL/B/ 13/34 1 1S)/DMcF/AB
Site History No recent history
Development Plan Policy RTL7.3 Class 2, Office Development North Lanarkshire Council Southern Area Local Plan Finalised Draft
Contrary to Development Plan No
CONSULTATIONS
Objection No Objection West of Scotland Water, Scottish Power, Transco Conditions The Coal Authority No Reply Telecom
REPRESENTATIONS
Neighbours 2 letters of objection Newspaper Advertisement Not Required
COMMENTS The proposal is an outline application to redevelop the site of the Motherwell Times Offices in Hope Street to form a new office development and to provide a flatted development between the offices and the entrance to the Aquatec. The form of the development, whilst in outline, is designed to provide an attractive frontage linking the Masonic Hall and the Aquatec along the edge of the town centre ring road. Whilst there have been two letters of objection to the proposal, because of the reasons outlined in the following report, I consider that planning permission should be granted.
199
RECOMMENDATION Grant, subject to the following conditions:-
1. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the provision of public open space; (e) the details of, and timetable for, the hard and soft landscaping of the site; (f) details for management and maintenance of the areas identified in (d) and (e) above; (g) the design and location of all boundary walls and fences; (h) the provision for loading and unloading of all goods vehicles; (i) the phasing of the development;
Reason: To enable the Planning Authority to consider these aspects in detail.
2. That the development hereby permitted shall be started, either within five years of the date of this permission, or within two years of the date on which the last of the reserved matters are approved, whichever is the later.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
3. That within three years of the date of this permission, an application for approval of the reserved matters, specified in condition 1 above, shall be made to the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
4. That before the development hereby permitted starts, a report shall be submitted to the Planning Authority regarding the stability of the site for the development proposed and this report shall be based on a professionally supervised and regulated boring programme.
Reason: To ensure the mineral stability of the area.
5. That notwithstanding the terms of condition no. (1) above, the generalities of the submitted concept designs hereby approved, shall be the basis of the submission of a detailed scheme.
Reason: In order that the Planning Authority might reserve its position on the detailed proposals in the interests of amenity.
6. That notwithstanding the requirement to pyovide details of access in terms of condition (1) above the only vehicular access point shall be from the access road into the Aquatec car park.
Reason: In the interests of road safety. 200
7. That a 2 metre wide footway with pedestrian guardrail, shall be provided on the Hope Street frontage of the development hereby permitted from the existing crossing facility at the vehicular access to the Aquatec.
Reason: In the interests of public safety.
8. That the footpath connection between Hope Street and Kirk Street shall be a minimum of 3 metres in width.
Reason: In the interests of public safety.
9. That notwithstanding the generality of the layout approved under the terms of condition (5) above, the required reserved matters application shall provide for a turning area for service vehicles within the office car park, provide a minimum of 23 parking spaces associated with the 13 dwellings and a minimum of 15 car parking spaces associated with the offices.
Reason: In the interests of road safety.
10. That notwithstanding the generality of the layout approved under the terms of condition (5) above, the required reserved matters application shall provide for access to be maintained to the rear of the Masonic Halls.
Reason: In the interests of road safety.
List of Background Papers
Application form and plans dated 1.5.98 North Lanarkshire Council Southern Area Local Plan Finalised Draft Letter dated 18th May 1998 from West of Scotland Water Letter dated 27th May 1998 from Scottish Power Letter dated 29th May 1998 from The Coal Authority Letter dated 5th June 1998 from Transco Letter dated 1lth May 1998 from Motherwell Masonic Halls Committee c/o John Williams, 146 Watson Street, Motherwell Letter dated 9th may 1998 from Michael McCulloch, 37 Kirk Street, Motherwell
Any person wishing to inspect the above background papers should telephone Motherwell 302125 and ask for David McFarlane. 20 t
APPLICATION NO. S/98/00652/OUT
REPORT
1. Site and Proposal
1.1 The site is that of the Motherwell Times Office adjacent to the three storey red sandstone Masonic Halls fronting onto Hope Street. The site also extends along the Hope Street frontage towards the Aquatec over the existing sculpted mounds. The rear of the site is bounded by the back gardens of the houses in Kirk Street with the existing footpath connection from Kirk Street to the town centre being retained.
1.2 The proposal is in outline only, however because of the scale of the development, a concept layout and elevational details have been provided. The applicant has proposed a form of development which addresses a larger streetscape than just the application site, since buildings of status, such as the Aquatec, require to be considered in relation to this adjacent development site. In addition, the prominence of the existing 3 storey red sandstone Masonic Hall also has to be considered. The development proposes a form of frontage which links the above two existing buildings by providing references to each in its design, whilst providing a strong elevational statement where none exists at present along the edge of Hope Street. It therefore addresses a significant gap in the townscape of Motherwell town centre with a mixed use development.
1.3 The proposed mixed development would provide for 750 mz of office space on 3 floors adjacent to the Masonic Halls. The proposed residential element of the scheme would provide 13 flats between the proposed offces and the Aquatec in a tapered form, from office height, to single storey in the east. The proposed vehicular access to the development would be taken from the access road to the Aquatec car park. A rear service and parking area would be provided for both the residential and office developments. The existing pedestrian link from the pedestrian crossing on Hope Street through to Kirk Street would be retained.
2. Representations
2.1 Two letters of objection to the proposal have been received. The first is from a resident of Kirk Street who backs onto the application site, and whose concerns are as follows:-
- Proximity of the development causing overshadowing and loss of sunshine. - Increase in noise and disturbance because of the proximity of the car park to the rear of their property. - Loss of amenity by the development windows overlooking their rear garden area.
2.2 The second letter of objection was from the adjacent Masonic Halls Committee and their concerns are as follows.
- The development would remove access rights to the front and rear of the Masonic Halls Committee, for delivering, emergency services and maintenance purposes. - The development, because of its proximity to the Masonic Halls, would be likely to cause structural damage during construction. 202
- There is no proposed access at either gable end for any future repair or maintenance.
3. Consultations
3.1 West of Scotland Water, Scottish Power and Transco had no objections to the proposal providing their services were taken into account if development proceeds.
3.2 The Coal Authority considered that the developer should satisfy himself via appropriate professional advice as to the sites suitability for development, although the site did seem capable of development given the availability of current information.
4. Planning Considerations & Conclusions
4.1 The consultees all considered that the proposal was a feasible proposition subject to their individual requirements being catered for.
4.2 The objector whose house backs onto the development site was concerned about loss of light, privacy, increase in noise and disturbance etc. In this regard, I consider that the development would have a minimal impact on the objector’s property given that it does not directly back onto his back garden. The access road to the proposed development is some 16 metres away from the back wall of his garden, with a landscaped area between, as exists at present. The nearest residential unit to the objector’s property would be approximately 30 metres away and at this closest point, it would be only single storey in height. The proposed development rises in height away from the objector’s property and in this regard little or no effect in terms of overshadowing, loss of sunlight or loss of privacy is likely to be experienced. With regard to an increase in noise, the proposed car park and access road are over 16 metres away and whilst any new development is likely to introduce new noises into an area I consider that the proposal is reasonable. It should also be remembered that this is a town centre location where higher density and greater levels of activity are to be expected in comparison to a more suburban area.
4.3 The objections raised by the Masonic Halls Committee related to access and structural concerns. With regard to access, the proposed development does not remove the ability to achieve rear servicing, however instead of being taken off Hope Street it would require to be taken off the rear service area of the proposed development. Whilst this would involve a more circuitous route via the Aquatec roundabout, in road safety terms it would be an improvement.
4.4 With regard to the structural concerns relating to the proximity of the development, these issues would be addressed when a building warrant was being considered. Whilst the proposal would abut the eastern gable of the Masonic Halls, this is not an unusual form of development for buildings of this type in town centre locations.
4.5 With regard to the proposed developments access, servicing and parking provision, I consider that whilst the submitted layout is in outline, certain aspects would require to be improved if a detailed submission were to be considered. It should be noted that a detailed proposal may require the relocation of the existing remote footpath which is parallel to Hope Street. This would require a Footpath Stopping Up Order to be initiated at detailed proposals stage and a separate report would be presented to Committee in this regard at that time.
4.6 In general I consider the development to be feasible subject to conditions being imposed which would ensure that the parking and servicing standards are maintained. I also consider that this site’s particular requirements to provide a link between existing buildings without distracting attention from their individual presence and providing a street frontage, have been well 203 addressed. The proposed uses of offices and residential, at this site on the periphery of the town centre would make a useful addition to the town centre’s viability. I therefore recommend that planning permission be granted subject to conditions. 204
Application No. S/98/00724/FUL Date registered 13 May 1998 APPLICANT CLYDE VALLEY HOUSNG ASSOCIATION Agent Hypostyle Architects, 49 St. Vincent Crescent, Glasgow G3 8NG DEVELOPMENT ERECTION OF 50 DWELLINGHOUSES LOCATION WATLING STREET, MOTHERWELL
Ward No. 4 Grid Reference N. S. 27423 Of 65 8230
File Reference S/PL/B/3/13(24)/CP/AB
Site History Application site was part of the former Satchwell Sunvic factory premises, which were vacated in July 1984. In October I984 outline planning permission for a residential development on the former factory premises, was granted (ref. no. 166184). This outline plaiining consent was renewed in 1988 (ref. no. 41 3/87 outline), when a planning brief for the overall site was prepared by Motherwell District Council. In October 1996 planning permission was granted for a detailed housing layout on land to the west of the current application site (ref. 4 13187B).
Development Plan North Lanarkshire Southern Area Local Plan Finalised Draft - site identified as housing opportunity.
Contrary to Development Plan No
CONSULTATIONS
Objection No Objection Coal Authority, British Gas Transco, West of Scotland Water Conditions NLC Environmental Services, NLC Leisure Services No Reply
REPRESENTATIONS
Neighbours No Response Newspaper Advertisement Not Required
COMMENTS This application relates to the construction of SO dwelling houses 011 a vacant site which was formerly occupied by the Satchwell Sunvic factory premises on the north side of Watling Street, in Motherwell. The site which was cleared shortly after being vacated in 1984, now consists mainly of rough grassland, with an area of wetland to the south east.
My observations in relation to the details of this application, and the comments of the relevant consultees are noted.
206
RECOMMENDATION Grant, subject to the following conditions:-
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority, including any modifications as inay be required.
Reason: To enable the Planning Authority to consider these aspects in detail.
3. That before any of the dwellinghouses hereby permitted, situated on a site upon which a fence or wall is to be erected are occupied, the fence, or wall, as approved under the term of condition above, shall be erected.
Reason: To safeguard the amenity of future residents.
4. That notwithstanding the provisions of Class 7 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no gates, fences, walls, or other means of enclosure, shall be erected between the front of the dwellinghouse hereby permitted and the adjoining road without the prior written approval of the Planning Authority.
Reason: To enable the Planning Authority to consider these aspects in detail.
5. That before the development hereby permitted starts, full details and/or samples of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority, including any modifications as inay be required.
Reason: To enable the Planning Authority to consider these aspects in detail.
6. That before the development hereby permitted starts, further details of the proposed landscaping scheme, as indicated in draft form on the plans hereby approved, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; 207
(c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) details of the phasing of these works.
Reason: To enable the Planning Authority to consider these aspects in detail.
7. That no dwelling house at plot numbers 3-34 shall be occupied, until the respective areas of planting on the rear boundaries of these plots, has been implemented in accordance with the approved plans, as amended by the details approved under the terms of condition no. 6 above.
Reason: To safeguard the amenity of future residents.
8. That within one year of the occupation of the last 5 dwellinghouses within the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 6 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within 2 years of the completion of the development, shall be replaced within the following year with others of a similar size and species.
Reason: In the interests of the visual amenity of the area.
9. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, iiicluding any modifications as may be required, and it shall include proposals for the continuing care, maiiitenaiice and protection of:- (a) the proposed play areas hatched orange on the approved plans; (b) the proposed grassed, planted and landscaped areas as indicated on the approved plans.
Reason: To safeguard the amenity of the area.
10. That before the development hereby permitted starts, a scheme for the provision of one play area within the site, hatched orange on the approved plans, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and this shall include:- (a) details of 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 to be erected around the play area, and (d) details of the phasing of these works.
Reason: To ensure the provision of adequate play facilities within the site.
11 That a visibility splay of 4.5 metres by 35 metres, measured from the road channel, shall be provided on both sides of the vehicular access and before the development hereby permitted is completed, or brought into use, everything exceeding 1.05 metres in height 208
above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.
Reason: In the interests of road safety.
12. That no dwellinghouse shall be occupied until the access roads and footways leading thereto from the existing public road have been constructed to basecourse level.
Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings.
13 That before the last of the dwellinghouses hereby permitted is occupied, all roads and footways shall be completed to final wearing course.
Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings.
14. That notwithstanding the approved plans, all private driveways within the development hereby approved, shall be a minimum of 3 metres wide and 10.metres long, shall meet the public road at right angles and shall be surfaced in an impervious material for the first two metres.
Reason: In the interests of public safety and to prevent deleterious material being carried out onto the highway.
15. That before each dwelling hereby permitted is occupied, the respective private driveway or individual parking space, shall be provided, in accordance with the approved plans, as amended by the requirements included in condition no. 14 above.
Reason: To ensure the provision of adequate parking facilities within the site.
16. That before the development hereby permitted is completed or brought into use, all the parking areas shown on the approved plans, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained as parking areas.
Reason: To ensure the provision of adequate parking facilities within the site.
17. That no development shall commence at the site until a gas monitoring programme has been carried out, in accordance with details to be submitted to and approved by the Planning Authority.
Reason: To ensure the site is free of landfill gas, in the interests of public safety. 209
List of Background Papers
Application form and plans dated 13/5/98. Amended plans received 3 1/7/98 Letter dated 26th June 1998 from Duguid & Stevenson Site Investigation Report dated October 1997 from Scott Wilson Kirkpatrick Letter dated 1st July 1998 from agent North Lanarkshire Southern Area Local Plan, Finalised Draft Letter dated 23rd February 1998 from West of Scotland Water Letter dated 12th June 1998 from The Coal Authority Letter dated 15th June 1998 from British Gas Transco Letter dated 1 lth June 1998 from Scottish Power Memo dated 10th June and 24th July 1998 form Head of Protective Services, NLC Environinental Services Department Memo dated 1st July 1998, from Head of Parks & Catering, NLC Leisure Services Department
Any person wishing to inspect the above background papers should telephone Motherwell 302 13 8 and ask for C Parkes. 210
APPLICATION NO. S/98/00724/FUL
REPORT
1. Application Site and Proposals
1.1 This application relates to the construction of 50 dwelling houses on a vacant site, which was formerly occupied by the Satchwell Sunvic factory premises, on the north side of Watling Street in Motherwell. The site which was cleared after being vacated in 1984, now consists mainly of rough grassland, with an area of wetland, surrounding a pond, to the south east.
1.2 The site borders onto an embankment to the north, which lies adjacent to the Motherwell- Glasgow train line. The land to the west of the application site has planning permission for a residential development, where works are due to commence imminently. The land immediately to the south and east of the site together with the application site, was the subject of a previous outline planning permission for a residential development, which has now expired. This land is currently occupied by rough grassland, some shrubbery and an area of wetland. An area of established housing lies further south of the application site, on the opposite side of Watling Street.
1.3 The proposed housing development comprises of 12 flats and 30 semi detached dwellings and 8 terraced dwellings. Six of the flats are for special needs residents and one dwellinghouse is for a resident carer.
1.4 The proposed dwellings are to be served by a small loop road, the entrance of which would be located, to link with the road serving the proposed development to the west of the site. An area of public open space incorporating a play area, would be located at the centre of the proposed loop road. The developer also proposes to provide tree and shrub planting on the embankineiit with the railway line, to the north of the application site.
2. Consultations
2.1 West of Scotland Water, British Gas Transco and Scottish Power have no objections to this application.
2.2 The Coal Authority report that the site is within the likely zone of influence from old coal workings. However, ground movement from these workings should by now have ceased.
2.3 The Protective Services Manager from NLC Environmental Services Department is satisfied with the information supplied by the applicant, in relation to previous works to the site, to ensure its decontamination. However, he considers that as a matter of caution, gas monitoring should be carried out in the north western corner of the site, where previous land fill operations have taken place.
2.4 The Head of Parks and Amenity from NLC Leisure Services Department comments that the site includes an important area of wetland habitat, towards its south eastern boundary. The Department has therefore recommended that the boundary of the development site be amended to exclude the eastern portion of this site. 21 1
3. Plannincz Considerations
3.1 The site is zoned for housing development opportunities in the North Lanarkshire Southern Area Finalised Draft Local Plan. The proposed development thus accords with the relevant planning policies for the area.
3.2 I am satisfied with the design and layout of the proposed development, as indicated on the finalised plans.
3.3 The comments form the Leisure Services Department, in relation to the wetland habitat, which borders onto and includes the south eastern corner of the site, are noted. The developer has revised the proposed layout to exclude the south eastern corner of this site from the proposed development area and to provide additional planting in this area. I do not consider it reasonable at this stage to seek a further reduction in the developable area, in view of the long term zoning of this site for residential development.
3.4 The applicant has also agreed to carry out gas monitoring towards the north western boundary of the site, as recommended by the Environmental Services Department.
3.5 It is thus recommended that this application be approved, subject to the relevant plaiining conditions. 212
Application No. S/98/00760/OUT Date registered 27 May 1998 APPLICANT SHALE CONTRACTS LTD. Agent DTA Chartered Architects, 9 Montgomery Street, East Kilbride DEVELOPMENT RESIDENTIAL DEVELOPMENT LOCATION BRANCHAL COTTAGES, BRANCHAL ROAD, WISHAW
Ward No. 9 Grid Reference NS280980 656380
File Reference S/PL/B/3/73(2 79)/CP/AB
Site History I) Outline planning permission for residential development at site refused in November 1991 (app. no. 530/91) 2) Outline planning permission for residential development at site approved in August 1993 (app no. 1/93)
Development Plan North Lanarkshire Council Southern Area Local Plan Finalised Draft - site identified as housing opportunity.
Contrary to Development Plan No
CONSULTATIONS
Objection No Objection British Gas Transco, West of Scotland Water, Scottish Power Conditions The Coal Authority, NLC Leisure Services Department No Reply
REPRESENTATIONS
Neighbours 1 letter of objection from neighbouring land owner Newspaper Advertisement No Response
COMMENTS This application seeks outline permission for a residential development at this 1.17 hectare site, to the north of Branchal Road, Wishaw. Outline planning consent was previously granted to the applicant in 1993, for a similar development and this consent has now expired.
The proposed development accords with the policies of the developinent plan for this area.
RECOMMENDATION
Grant, subject to the following conditions:-
1. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:-
214
(a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the provision of public open space; (e) the details of, and timetable for, the hard and soft landscaping of the site; (f) the design and location of all boundary walls and fences; (g)details for management and maintenance of the areas identified in (d) and (e) above; (11) the provision of drainage works; (i) the disposal of sewage; U) details of existing trees, shrubs and hedgerows to be retained;
Reason: To enable the Planning Authority to consider these aspects in detail.
2. That the development hereby permitted shall be started, either within five years of the date of this permission, or within two years of the date on which the last of the reserved matters are approved, whichever is the later.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
3. That within three years of the date of this permission, an application for approval of the reserved matters, specified in condition 1 above, shall be made to the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
4. That before development starts, a report from a professionally qualified source, describing the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants) shall be submitted to the Planning Authority and development shall not be commenced until such action, as is recommended by this report, in order to remove or render harmless, any such contaminants, has been taken.
Reason: To ensure the site is free of contamination
5. That before the development starts, a certificate from a recognised firm of chartered engineers, shall be submitted to the Planning Authority, confirming the mineral stability of the site.
Reason: To ensure the mineral stability of the area. 21 5
List of Background Papers
Application form and plans dated 27/5/98 Amended plans dated 3016198 Letter from applicant dated 24/6/98 Letter dated 7/7/98 from West of Scotland Water Letter dated 2/7/98 from British Gas Transco Letter dated 9/9/98 from The Coal Authority Letter dated 23/7/98 from Scottish Power Memo dated 29/7/98 from Head of Parks & Amenity, NLC Leisure Services Department Letter dated 17th July 1998 form Wimpey Homes, Grove House, Kilmartine Place, Tannochside Place, Uddingston G7 1 5PH
Any person wishing to inspect the above background papers should telephone Motherwell 302 13 8 and ask for C Parkes. 216
APPLICATION NO. S/98/00760/OUT
REPORT
1. ADolication Site and Proposal
1.1 This outline application relates to the development of a site to the north of Branchal Road, Wishaw, for residential purposes.
1.2 The site is currently occupied by Branchal Cottages to the east and by an area of vacant grassland, to the west. This vacant site was formerly occupied by a number of derelict buildings, and a slag heap, which were the remains of Coltness Colliery. The site is bounded to the north by spoil heaps, which have become colonised by scrub vegetation and Branchal Bing.
1.3 The area of rough grassland, to the west and east of this site lies within the ownership of Wimpey Holdings and was the subject of 2 recent planning applications for residential development which were refused in June 1998 (Ref. S/96/00362/OUT and S.97/00766/FUL).
The site is accessed by means of a gravel surfaced, private track, which joins Branchal Road at its junction with Lewis Avenue.
2. Site History
2.1 In November 1991, outline planning permission was refused for a residential development on the current application site, plus an area of land to the north of this site, (Ref. No. 530/91 outline).
2.2 In August 1993, outline planning permission was approved for a residential development on the site of the current application, plus a small strip of land to the south of this site. which was to be used for landscaping purposes (Ref. No. 1/93 outline).
3. Consultations
3.1 British Gas Transco, West of Scotland Water and Scottish Power have no objections to this application. West of Scotland Water did note however, that a small pumping station inay be required to assist in the disposal of sewage at the development.
3.2 The Coal Authority advises that the property is within the likely zone of influence on the surface from workings in 3 seams of coal, at shallow to approximately 70 metres in depth, the last date of working being 1945. It has also indicated that there are 4 mine entries situated within or close to the site. In view of the mining circumstances, the Authority has therefore advised that the applicant should seek appropriate advice, before undertaking any works on site.
3.3 The Head of Parks and Amenity at NLC Leisure Services Department, comments that the application site partly intrudes onto the Branchal Plantation Site of Interest for Nature Conservation, which is of interest for its flower and bird population. However, it is considered that the area of the SINC affected by this development, would be of such a small scale, that it would not result in any significant damage to the wild life interest at this site. 21 7
3.4 The Head of Parks and Amenity is, however, concerned about the impact of the proposed development on the existing rights of way, which traverse this site. He has therefore advised that the layout of the proposed development, must take account of the right of way network and appropriate signage be installed on the footpaths, throughout the future housing development.
3.5 The Environmental Services Department of the former Motherwell District Council was consulted on the previous planning application for this site. In their response to that application, they advised that it would be prudent to require the applicant to establish whether there are any contaminative substances situated on this site, which lies adjacent to the disused Coltness Colliery.
4. Remesentations
4.1 One letter of objection has been received from the neighbouring landowner, in relation to this application. The grounds of this objection, which relate to legal issues, are discussed more fully in para 5.3 below.
5. Planning Observations
5.1 The site was identified in the Consultative Draft of the Motherwell District Local Plan 1995, as a site for private housing development. It has also been identified for private housing development in the Southern Area Local Plan Finalised Draft, as approved by the Council on 22nd June 1998.
5.2 In policy terms therefore, the application raises no adverse issues and is in accordance with the relevant development plan for the area.
5.3 It is noted that the previous outline planning permission for this site lapsed in August 1996. The applicant has advised that they were unable to proceed further with the previous planning consent, due to a protracted legal dispute with an adjoining landowner concerning access rights over the unadopted section of Branchal Road, owned by Wimpey Homes. From the resulting civil court action, it was determined that the applicant does have access rights over this section of Branchal Road, sufficient to access the proposed development.
A solicitor representing Wimpey Homes, however, has written in connection with this application, to state that the applicant has only limited servitude rights, over this part of the road, possibly to the exclusion of services to the proposed development. I should advise however, that this ongoing legal dispute relates to civil and not planning issues. The grounds for the objection from Wimpey Homes should not therefore be taken into consideration, in the determination of this application.
5.4 The concerns of the Head of Parks and Amenity in relation to the existence of public rights of way, within the development site, are noted. It is considered that these concerns may be addressed through the imposition of a planning condition, on any relevant planning consent, requiring the applicant to incorporate the said rights of way, within the proposed housing layout. 218
6. Conclusions
6.1 The proposed development accords with the policies of the development plan for this area and there appear to be no relevant planning grounds, which would merit the refusal of this application.
6.2 It is thus recommended that this application be approved subject to the relevant planning conditions. 2t 9
Application No. S/98/00795/FUL Date registered 11 June 1998 APPLICANT THORNHILL HOUSE RESIDENTIAL HOME Agent Mr W H Dickie, 77 Hamilton Road, Motherwell ML1 3PG DEVELOPMENT EXTENSION TO RESIDENTIAL HOME TO FORM CONSERVATORY AND BEDROOM ACCOMMODATION LOCATION THORNHILL HOUSE RESIDENTIAL HOME, 386 STEWARTON STREET, WISHAW
Ward No. 7 Grid Reference 280480-654 170
File Reference S/PLIB/2/1O(9 l)/MH/AB
Site History Planning consent for change of use from dwellinghouse to Residential Home for the Elderly granted 3 1 July 1990 (planning application no. 194/90) Planning consent for alteration and extension to Nursing Home and Clinic granted 6 July 1994 (planning application no. 179/94)
Development Plan North Lanarkshire Southern Area Local Plan Finalised Draft - site within established housing area.
Contrary to Development Plan No
CONSULTATIONS
Objection No Objection West of Scotland Water Conditions No Reply
REPRESENTATIONS
Neighbours One letter of objection Newspaper Advertisement Not Required
COMMENTS This application seeks planning consent for a single storey extension and the construction of a conservatory to the rear of the existing residential home at 386 Stewarton Street, Wishaw. The adjoining neighbour has objected to the development. My comments and observations on the proposal and on the concerns of the objector are contained in the accompanying report.
RECOMMENDATION Grant, subject to the following conditions:- - Planning Application No. S/98/00795/FUL -Q Extension to Residential Home to Form Conservatory & !E&H,RE plWmord0-- qJ SowunDNMYDBnndasmwl Bedroom Accommodation YOTHERWEU h.prmMd(0ll-dmU*W.RWfmmD*GOnaS-mppblo a W.1 IRS Thornhill House Residential Home For The Elderly A T.*Dtarol~~~Fa.01-3021012 386 Stewarton Street, Wishaw 1:1250 -o(h. Ocran~ -npDOraallmpn-m mm m). *a*-crew OSkU.¶U(*xy1L Location of Objector 221
1 That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That before the development hereby permitted starts, full details and/or samples of all external materials to be used in construction, including walls, roofs, windows, doors, gutters and downpipes, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: To enable the Planning Authority to consider these aspects in detail.
3 That before the development hereby permitted is completed or brought into use, 19 off- street car parking spaces shall be provided within the site, as described on the approved plans and shall, thereafter, be maintained as car parking spaces.
Reason: To ensure the provision of adequate parking facilities within the site.
4. That before the development hereby permitted is completed or brought into use, all areas covered by the scheme, approved under the terms of condition 3 above, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing works, and clearly marked out and shall, thereafter, be maintained as parking.
Reason: To ensure the provision of adequate parking facilities within the site
5. 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: To safeguard the amenity of the area.
List of Background Papers
Application form and plans including amended plans North Lanarkshire Southern Area Local Plan Finalised Draft Letter dated 2/5/98 from West of Scotland Water Letter dated 14/6/98 from Mr E Devlin and Ms Jean M Browne, Samara, 7 Sneddon Avenue, Waterloo
Any person wishing to inspect the above background papers should telephone Motherwell 302 128 and ask for Mary Hogg. 222
APPLICATION NO. S/98/00795/FUL
REPORT
1. PROPOSAL AND SITE
1.1 The applicant seeks planning consent for a single storey extension to create eight additional bedrooms with integral toilet facilities to the property. Thornhill is a large detached building set in its own grounds in use as a residential home since 1990. The proposal also includes the construction of a conservatory.
1.2 The proposed additional bedroom extension is to be added to an existing bedroom block at the rear of the residential home, with the original property to be extended to the rear to form a conservatory.
1.3 The property comprises of a 2 storey building with a single storey extension to the rear forming the existing bedroom wing of the nursing home. A single storey building to the front of thg property is used as a small clinic incorporating three consulting rooms. The property is set within its own private garden ground.
1.4 The residential home fronting onto Stewarton Street is bounded to the south and west by residential properties and to the east by a water reservoir.
, 1.5 The property lies on the main Wishaw to Carluke road from where access is taken.
2. REPRESENTATION
2.1 One letter of objection has been received in relation to this proposal from an adjoining neighbour. The grounds of objection can be fairly summarised as:-
The development may result in drainage problems for the area. 0 Construction works would cause excess noise and dirt. 0 The proximity of the proposed building would impact on the privacy and amenity of the adjoining property.
3. OBSERVATIONS
3.1 I note the objectors concerns that the proposed development may cause drainage problems. However, West of Scotland Water has been consulted and have offered no objections to this proposal.
. 3.2 The objectors concerns that the proposal, while under construction, would cause excess noise and dirt are considered short term considerations which, if proved problematic, would be dealt with. by the Council's Environmental Services.
3.3 Finally, in relation to loss of privacy and amenity. The concerns expressed by the objectors relate to a lounge dining room window and to the loss of trees. The proposed bedroom wing has no windows looking directly into the adjoining property. In the case of the conservatory, the building will be situated some 19 metres from the boundary and as such is unlikely to give cause for concern. With regard to loss of trees, I accept that the present site landscaping, in particular 223
those trees along the western boundary, provide a welcome addition to the appearance of the area as well as adding to the level of privacy between the application site and its neighbours. It is for this reason that, should planning perinission be granted, I would advise the inclusion of a planning condition which affords suitable protection.
In conclusion I consider the proposals to be acceptable both in terms of design and impact. I therefore recommend planning consent be granted. 2 24
Application No. S/98/008 19/OUT Date registered 18 June 1998 APPLICANT MR S HILL, C/O HYDRACHROME LTD., 121 MORNINGSIDE ROAD, NEWMAINS ML2 9QN Agent DEVELOPMENT ERECTION OF 100 DWELLINGHOUSES LOCATION LAND OPPOSITE 1 17-205 MORh'TNGSIDE ROAD, NEWMANS
Ward No. 16 Grid Reference 2 829 8 0-6 55 25 0
File Reference S/PL/B/3/8 1/CP/AB
Site History 1) Outline planning permission granted for residential development at current application site on 7th September 1994 (Ref. 542/93) 2) Planning permission granted 7th May 1996, for opencast coal extraction on part of the current application site, plus an additional area of land to the west (Ref. M/6/96)
Development Plan North Lanarkshire Southern Area Local Plan, Finalised Draft - site identified as housing opportunity.
Contrary to Developmen t Plan No
CONSULTATIONS
Objection No Objection British Gas Transco, NLC Department Education, NLC Environmental Services Conditions West of Scotland Water, British Rail First Engineering Ltd., The Coal Authority No Reply Scottish Power, British Telecorn
REPRESENTATIONS
Neighbours No Response Newspaper Advertisement Not Required
COMMENTS This outline application relates to a proposed residential development, on the south west side of Morningside Road, Newrnains. The site which has an area of approximately 19 acres, was previously granted outline planning permission for an identical development in September 1994 (Ref. 542/93). The developer seeks to renew the terms of this consent, which has now expired.
The application site is mainly occupied by opencast workings, which were initiated in 1996 and are due to cease in 1999. These workings are required in order to consolidate the land which had previously been subject to underground coal workings. .
-4Rn4dD-D.prtmn Planning Application No. S/98/00819/OUT sauuwn Dkyan wBMdaSun@ Proposed Erection of Dwellinghouses MOTHERWALL 100 YLI IRS Rq”MllmhOltMym)rmppOlOl Land Opposite 117-205 Morningside Road A mp”bndh-e4thrUC.n. TIplMmW242lm F.rOIWm21012 1 2m -mopan- ~~~m~~rn~lm-mP-L---- QS-UOOD1IL Newmains 226
The site which has a frontage of 268 metres on Morningside Road, could be capable of accommodating up to 200 dwellings. However, the applicant proposes to provide a maximum of 100 dwellings, in accordance with the terms of the previous planning permission. Under the terms of that planning consent, the developer also agreed to landscape the remainder of this site, to form a woodland belt. It is recommended that any planning consent, relating to the current planning application, should be subject to planning conditions requiring a similar treatment.
The application site is zoned for housing development opportunities, in the Finalised Draft of the North Lanarkshire Southern Area Local Plan and the proposed development is thus in accordance with the relevant planning policies for this area.
RECOMMENDATION Grant, subject to the following conditions:-
1. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the provision of 2 equipped play areas; (e) the provision of public open space; (f) the details of, and timetable for, the hard and soft landscaping of the site; (g) details for management and maintenance of the areas identified in (d),(e) and (f) above; (h) the design and location of all boundary walls and fences; (i) the provision of drainage works; G) the disposal of sewage.
Reason: To enable the Planning Authority to consider these aspects in detail.
2. That the development hereby permitted shall be started, either within five years of the date of this permission, or within two years of the date on which the last of the reserved matters are approved, whichever is the later.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
3 That within three years of the date of this permission, an application for approval of the reserved matters, specified in condition 1 above, shall be made to the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997. 227
4. That before the development hereby permitted starts, a report shall be submitted to the Planning Authority regarding the stability of the site for the development proposed and this report shall be based on a professionally supervised and regulated boring programme.
Reason: To ensure the mineral stability of the area.
5. That before development commences, the required remedial action to the site, shall be carried out in accordance with the measures identified in the ‘Morningside Land Reclamation Report’ submitted by the Mason Evans Partnership on 7th March 1996, as supplemented by the letters from the Mason Evans Partnership, dated 19/8/96 and 19/9/96.
Reason: To ensure the site is free of contamination.
6. That no electricity transforming or switching equipment, gas governor or sewage pumping station, shall be erected on any part of the site, without the prior written consent of the Planning Authority.
Reason: In the interests of the visual amenity of the area.
7. That the only vehicular access to the site shall be from Morningside Road.
Reason: In the interests of road safety.
8. That a visibility splay of 9 metres by 90 metres, measured from the road channel, shall be provided on both sides of the vehicular access and before the development hereby permitted is completed, or brought into use, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.
Reason: In the interests of road safety.
9. That the junction of the proposed vehicular access to the site on Morningside Road, shall be placed a minimum distance of 100 metres from the existing junction of Morningside Road with Mill Road.
Reason: In the interests of road safety.
10. That space for the parking of 2 vehicles and an area to allow vehicles to enter and leave the site in forward gear shall be provided within the curtilage of each dwellinghouse with a direct access onto Morningside Road.
Reason: In the interests of public safety. 228
11. That incorporated within the first of tlie reserved matters applications, details of a woodland planting scheme, shall be submitted to, and approved by the Planning Authority, relating in particular to the southern and western boundaries of the site and that such details shall include the number, variety and size of trees and shrubs to be planted and the phasing of such works.
Reason: To safeguard the amenity of future residents.
12. That before the development hereby permitted starts, a woodland management and maintenance scheme, covering the area as referred to under the terms of condition no. 11 above, shall be submitted to, and approved in writing by the Planning Authority, including any inodifications as may be required, and it shall include:- (a) proposals for the continuing care, maintenance and protection of the trees, shrubs and hedges, including details of the timing and phasing of all such works; (b) details of the location, number, variety and size of trees and shrubs to be planted, and the phasing of such works.
Reason: In the interests of amenity.
13. That the form and layout of the development hereby approved shall be in accordance with a design brief to be submitted to and approved by the Planning Authority.
Reason: In the interests of visual and residential amenity.
14. That notwithstanding the terms of condition no. 13 above, the design of all dwellinghouses with elevations facing onto Morningside Road, shall reflect the local character of the surrounding area in terms of their scale and use of building materials.
Reason: To safeguard tlie amenity of the area.
15. That notwithstanding the terms of condition no. 13 above, no part of the dc\rlopment hereby permitted shall exceed 2 storeys in height and the dwellinghouses sliall all have traditional double pitched roofs.
Reason: To safeguard the amenity of the area.
16. That before the development hereby permitted is completed or brought into use. a 2 metre wide footway shall be constructed along the full frontage of the site on Morningside Road, in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority.
Reason: In the interests of public safety.
17. That prior to the commencement of development, details regarding the improvements to be made to the existing sewerage system, to ensure that the development complies with the standards required by the West of Scotland Water Authority and the Scottish 229
Environment Protection Agency, shall be submitted to, and approved by the Planning Authority.
Reason: In order to prevent the pollution of the Auchter Water.
18. That none of the dwellinghouses hereby permitted shall be built until the sewerage works have been completed in accordance with the plans submitted to and approved by, the Planning Authority, under the terms of condition no. 17 above.
Reason: In order to prevent the pollution of the Auchter Water.
List of Background Papers
Application form and plans dated 18th June 1998 North Lanarkshire Southern Area Local Plan Finalised Draft Letter dated 6th July 1998 from West of Scotland Water Letter dated 3rd July 1998 from British Gas Transco Letter dated 9th July 1998 from NLC Department of Education Letter dated 2nd July 1998 from First Engineering Ltd. Letter dated 14th July 1998 from The Coal Authority Letter dated 16th July 1998 from West of Scotland Water Memos dated 6th July 1998 and 24th July 1998 from NLC Environmental Services Department
Any person wishing to inspect the above background papers should telephone Mothenvel.1302138 and ask for C Parkes. 230
Application No. S/98/00820/NID Date registered 8 June 1998 APPLICANT NORTH LANARKSHTRE COUNCIL, P.O. BOX 14, CIVIC CENTRE, MOTHERWELL ML1 1TW Agent Director of Construction Services, P.O. Box 6, Philip Murray Road, Bellshill ML4 3 JX DEVELOPMENT ERECTION OF THIRTY ASSISTED LIVING FLATS AND WARDEN’S ACCOMMODATION LOCATION LAND TO NORTH OF CALDER TOWER, LEVEN STREET, MOTHERWELL
Ward No. 11 Grid Reference 275080-656160
File Reference SIPL/B/12/8(58)/GMcK/AB
Site History Demolition of flats in 1997
Development Plan Established Housing Area (Finalised Draft) Southern Area Local Plan
Contrary to Development Plan No
CONSULTATIONS
Objection No Objection West of Scotland Water Authority, Railtrack Conditions No Reply
REPRESENTATIONS
Neighbours Newspaper Advertisement One petition containing five signatures and one letter of objection
COMMENTS This application seeks planning permission to erect thirty assisted living flats and warden’s accommodation at land to north of Calder Tower, Leven Street, Motherwell. As part of the Council’s redevelopinent scheme for the area the council housing that formerly occupied the site has been demolished to make way for the new scheme. After consultation no objections were received. One petition containing five signatures and one letter of objection however have been received in relation to this application. For the reasons contained in my accompanying report it is recommended that planning permission is granted. Planning Application No. S/00820/NID Erection of 30 Assisted Living Flats and Warden's Accommodation Land to North of Calder Tower, Leven Street, Motherwell A *Location of Objector 1:1250 Location of Petitioners 23 2
RECOMMENDATION Grant, subject to the following conditions:-
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: To enable the Planning Authority to consider these aspects in detail.
3. That before any of the dwellinghouses hereby permitted, situated on a site upon which a fence or wall is to be erected are occupied, the fence, or wall, as approved under the terms of condition (2) above, shall be erected.
Reason: To safeguard the amenity of future residents.
4. That before the development hereby permitted starts, full details and/or samples of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: To enable the Planning Authority to consider these aspects in detail.
5. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) details of the phasing of these works.
Reason: In the interests of the visual amenity of the area.
6. That within one year of the occupation of the last 5 dwellinghouses within the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition (5) above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within 2 years of the completion of the development, shall be replaced within the following year with others of a similar size and species. 233
Reason: In the interests of amenity.
7. That no trees within the application site shall be lopped, topped, felled, or otherwise affected, without the approval in writing of the Planning Authority.
Reason: To safeguard the amenity of the area.
8, That before the development hereby permitted is Completed or brought into use, all the parking and manoeuvring areas shown on the approved plans, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas.
Reason: To ensure the provision of adequate parking facilities within the site.
9. That a visibility splay of 4.5 metres by 90 metres, measured from the road channel, shall be provided on both sides of the vehicular access and before the development hereby permitted is completed, or brought into use, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.
Reason: In the interests of public safety.
10. That before the development hereby permitted is completed or brought into use the car parking spaces shall be 2.5 metres in width and 6 metres in length.
Reason: In the interests of public safety.
11. That before the development hereby permitted is completed or brought into use a give way line shall be provided at the junction of the access road with Leven Street.
Reason: In the interests of public safety.
NOTE TO COMMITTEE
If granted, this application will require to be referred to the Secretary of State for Scotland in accordance with Regulation 6 of the Development by Planning Authorities Regulations 1981. 234
List of Background Papers
Application form and accompanying plans registered 8/6/98 (Finalised Draft) Southern Area Local Plan Letter dated 22/6/98 from West of Scotland Water Letter dated 23/6/98 from West of Scotland Water Letter dated 24/6/98 from Railtrack Letter dated 18/6/98 from John Kelly, 241 Airbles Road, Motherwell Petition containing five signatures dated 21/6/98 from Ian Potter, 243 Airbles Road, Motherwell
Any person wishing to inspect the above background papers should telephone Motherwell 302 139 and ask for Gwen McKillop. 235
PLANNING APPLICATION NO. S/98/00820iNID
REPORT
1 .o APPLICATION AND SITE
1.1 Planning permission is sought to erect thirty assisted living flats and warden’s accommodation at land to north of Calder Tower, Leven Street, Motherwell. The proposal would be located within a residential area and would be bounded by Airbles Station to the west.
1.2 The application site was formerly occupied by three blocks of council flats and these have been demolished as part of the Council’s redevelopment scheme for the area. It is the applicant’s intention to link this phase to the existing sheltered accommodation on Airbles Road.
1.3 The proposed development would comprise of a two storey U shaped building and an additional two storey block which would be linked to the main building by a glazed walkway. There would be fifteen flats at ground and first floor level. In addition to the flats on the ground floor there would be a community room, kitchen, general purpose room, reception, office and laundry room. The warden’s accommodation would be on the first floor.
2.0 CONSULTATIONS
2.1 The West of Scotland Water Authority has no objection in principle to the application. A major sewer diversion however will require to be undertaken and NLC Construction Services Department is in discussion with the West of Scotland Water Authority regarding this matter.
2.2 Railtrack has no objection in principle to the proposal.
3 .O REPRESENTATIONS
3.1 A petition containing five signatures and one letter of objection have been received in relation to this application from adjoining neighbours. The grounds of objection are detailed below:-
(a) The parking facilities for the proposal are inadequate. (b) The proposed development would be 8-9 metres from 237-245 Airbles Road and would obscure the view from these properties as well as severely reduce their natural light. (c) The proposal would be a magnet for troublemakers. (d) The bin rooms should be a reasonable distance away from 237-245 Airbles Road. (e) Gates in the railings at the back of 237-245 Airbles Road would be detrimental to the privacy and security of these properties.
4.0 OBSERVATIONS
4.1 A total of five points of objection have been made in relation to this application and my consideration of each of these in turn is detailed below.
4.2 This application would provide thirty assisted living flats. In terms of access, parking and manoeuvring these arrangements are considered acceptable for this type of development as the proposed 9 spaces meet the Council’s approved guidelines. 236
4.3 The proposal would be located to the south of 237-245 Airbles Road and would be approximately seven to nine metres froin the rear elevation of these properties. The new buildings would be lower in height compared to the five storey flats whicli originally occupied the site. The iiew buildings would be largely two storey in height and due to a difference in ground levels between the properties on Airbles Road and the application site the iiew buildings would be erected at a level lower to 237-245 Airbles Road.
4.4 The southern boundary of 237-245 Airbles Road would be adjoined by three separate gable ends with two courtyard areas in between. Of the three gable ends only one would be directly opposite these properties and this gable would be one storey in height. In terms of overshadowing it is therefore considered that there would not be a significant loss in natural light.
4.5 The objectors concern that the proposal would obscure the view from the existing properties at 237-245 Airbles Road is noted. This, however is not a valid planning consideration. Notwithstanding this it should be noted that the site is presently vacant and after demolition of the flats is in an untidy condition.
4.6 The objectors’ concern that the proposal would be a magnet for troublemakers is noted. This however is not a valid planning consideration.
4.7 The bin rooms would be located at various points within the proposal. The nearest storage area to the properties at 237-245 Airbles Road would be approximately 9 metres away. It is considered that this distance is sufficient to ensure that any loss of amenity would be minimal.
4.8 There is one gate in the railings between the application site and 237-245 Airbles Road. This is to allow the residents to use the proposal’s communal facilities and no other gates would be installed.
5 .O CONCLUSION
5.1 The proposed development is considered to be an acceptable use for the site. It would provide a beneficial service to the community and is considered to be acceptable both in terms of design and impact upon neighbouring residents. It is therefore recommended that the proposal is granted. 237
Application No. S/9 8/0083 7MIN Date registered 12 June 1998 APPLICANT THE SCOTTISH COAL COMPANY LTD., 1 BAIN SQUARE, KIRKTON CAMPUS, LIVINGSTON EH54 7DQ Agent DEVELOPMENT CONTINUATION OF OPENCAST COAL EXTRACTION TO OCTOBER 2000 LOCATION DAMSIDE OPENCAST COAL SITE, ALLANTON, SHOTTS
Ward No. 17 Grid Reference 228745-665835
File Reference S/PL/B/ 17/62( 3 O)/RMcI/AB
Site History 1. November 1987: Planning consent granted for Damside OCCS 2. July 1989: Soil stripping commenced 3. September 199 1: Planning consent granted for coal preparation plant and disposal point
Development Plan Rural Area
Contrary to Development Plan No
CONSULTATIONS
Objection No Objection NLC Environmental Services Conditions No Reply
REPRESENTATIONS
Neighbours Objection from Councillor Cefferty Newspaper Advertisement No Response
COMMENTS The 1987 consent requires coal extraction at Damside to cease by 3 1 October 1998 and full restoration to be carried out by 3 1 October 2000. This application by the Scottish Coal Company Ltd. is in respect of a continuation of coal extraction to October 2000, although there is no extension of the working area. Notwithstanding the objections from Councillor Cefferty, it is recommended that permission be granted. Full details are provided in the attached report. KEY: POSIT10N AT MID - 1998
RESTORED TO GRASS
RESTORED TO OVERBURDEN
PEATSTORAGE
REMAINING COAL EXCAVATION AREA
v . . * .C. _- . .. _.
.. PLANNING APPLICATION : S/98/00837iMIN 239
RECOMMENDATION Grant, subject to the following conditions:-
General
1. That notwithstanding any other terms of this consent, the conditions imposed on Planning Consent No. M/1/87 (dated 4 November 1987) and No. 307/91 (dated 4 September 1991) shall remain in force unless they are superseded by any of the following conditions.
Reason: In the interests of continuity and to ensure that the Planning Authority retains effective control of the opencast operations at Damside.
Time Limits and Restoration
2. That all coaling operations at the Damside OCCS shall cease by 31 October 2000 to the satisfaction of the Planning Authority.
Reason: To accord with the intention of the applicant and in order that the Planning ’ Authority might retain effective control.
3. That the restoration of the site shall be completed by 31 October 2002 to the satisfaction of the Planning Authority, and for the avoidance of doubt the restoration shall incorporate the following elements:-
(a) the restoration contours and agricuiture/woodland afteruse shall accord with Scottish Coal Drawing No. DMRP 0796.DRW unless otherwise agreed with the Planning Authority.
(b) the reinstatement of the Coal Bum generally along its former line.
(c) the reinstatement of the right of way from the A71 through Kepplehill Farm to Blackhall Farm and Blackhall Road.
(d) the formation of a footpath link from Dura Road following the line of the reinstated Coal Bum to connect with the right of way referred to in (c) above. or such alternative line agreed with the Planning Authority.
(e) the removal of all plant, buildings and machinery associated with the coal extraction operations and the coal processing pladdisposal point.
(f) the emptying and removal of all settling ponds and their infilling with suitable material.
(g) the removal of all roadways and areas of hardstanding and their return to grasslandwoodIand in accordance with the approved restoration plan, unless otherwise agreed with the Planning Authority.
Reason: To ensure the satisfactory restoration of the site in the interests of amenity.
Hours of Operation 240
4. That the excavation, coaling and other earthworks operations shall be carried out only during the following hours:-
(a) From 6.00 am on Mondays continuing to 4.00 pm on Saturdays, but the use of dump trucks and earth moving machinery above ground level shall be restricted to the period 7.00 am to 10.00 pm daily Mondays to Fridays inclusive, and 7.00 am to 4.00 pm on Saturdays.
(b) From 4.00 pm on Saturdays to 6.00 am on Mondays the only work which may be carried out shall be:-
1. Dragline work. 2. Servicing, maintenance and testing of plant and machinery. 3. Pumping and other works of an essential or emergency nature.
Reason: In the interests of the amenity of local communities.
5. That the hours of operation of the coal preparation plant shall be from 7.00 am to 7.00 pin Mondays to Fridays inclusive, and from 7.00 am to 4.00 pm on Saturdays.
Reason: In the interests of the amenity of local communities.
6. That there shall be no despatch of coal from the disposal point outwith the hours of 7.00 am to 7.00 pm Mondays to Fridays inclusive, and 7.00 am to 4.00 pm on Saturdays.
Reason: In the interests of the amenity of local communities.
7. That approved blasting operations shall be confined to the periods of 10.00 am to 4.00 pm on Mondays to Fridays, and 10.00 am to 12.00 noon on Saturdays.
Reasop: In the interest of the amenity of local communities.
Blast and Noise Limits
8. That blasting operations shall be carried out so that no component of peak pqrticle velocity attributable to any blast, measured at any of the properties outwith the site boundary, exceeds 6.00 mm/sec, and the blasting regime shall comply with British Standards 6472: 1992 and British Standard 7385: Part 2/1993 as appropriate.
Reason: To minimise disturbance to local communities in general, and adjacent proprietors in particular.
9 That the best practical means shall be employed to control the generation of noise from the site, taking into account the terms of BS 5228: Part 3, 1984 and Annex A of PAN 50, and in particular, noise levels at the site boundary shall not exceed 65 dB LAeq (free 24 1
field) between the hours of 7.00 am to 7.00 pm and 55 dB LAeq (free field) between the hours of 7.00 pm to 7.00 am.
Reason: To minimise noise nuisance from the opencast operations in tlie interests of the amenity of local communities.
Disposal Point
10. That tlie coal preparation plantldisposal point at the Damside OCCS shall be used solely for the processing of coal extracted from the Damside site, and there shall be no importation of coal or coal products to Damside for any purpose without the prior consent of the Planning Authority.
Reason: To accord with the Planning Authority's decision in respect of Planning Coiiseiit Nos. Mlll87 and Ml3190.
Aftercare
11. That the 5 year aftercare of the site shall be carried out in accordance with the scheme approved by North Lanarkshire Council as Planning Authority on 10 July 1998, and based on the approved restoration scheme illustrated on Scottish Coal Drawing No. DMRP 0796.DRW, to the satisfaction of the Planning Authority.
Reason: In the interests of sound land management and general amenity.
12. That before 3 1 July of every year during the aftercare period, a report shall be submitted to the Planning Authority recording the operations carried out during the previous 12 months and setting out the intended operations for the next 12 months.
Reason: To allow the Planning Authority the opportunity to satisfy itself that aftercare is being adequately carried out.
13. That, before 3 1 August of every year during the aftercare period, a site meeting shall be arranged with the Planning Authority to discuss the report prepared iii accordance with condition (12) above.
Reason: To ensure the efficient monitoring of the aftercare of the site.
List of Background Papers
Application form and plans dated 12 June 1998 Letter from Scottish Coal dated 30 June 1998 Southern Area Local Plan Finalised Draft Memo from NLC Director of Environmental Services dated 19 June 1998 242
Memo from NLC Head of Protective Services dated 14 July 1998 Memo from Transportation Team Manager dated 19 June 1998 Letter from Councillor Cefferty dated 26 June 1998
Any person wishing to inspect the above background papers should telephone Motherwell 302089 and ask for Mr McInnes. 243
REPORT
APPLICATION NO. S/98/0083 7/MIN
1. APPLICATION SITE AND PROPOSAL
1.1 This application by the Scottish Coal Company Ltd. is in respect of the continuation of coal extraction at the Damside Opencast Coal Site (OCCS) until the end of October 2000. The site lies to the east of Allanton on the south side of the A7 1.
Planning Status
1.2 Planning consent for the Damside OCCS was granted by Motherwell District Council in November 1987, and soil stripping commenced in July 1989. While coal extraction commenced in 1990, full production did not get underway until April 199 1 because of delays in the refurbishment of the Dragline.
1.3 The 1987 consent was subject to 48 conditions, the last of which stated that coal extraction should cease by 31 October 1998 and that full site restoration should be carried out by 31 October 2000.
1.4 In September 1991, planning consent was granted for the Damside Coal preparation plant and disposal point (D.P). The D.P. handles all of Damside’s coal production, currently about 270,000 tonnes per annum, and is operated by Johnson (Chopwell) Ltd. The coal working operations at Damside are carried out by Curral, Lewis and Martin on behalf of Scottish Coal.
Site Details
1.5 The Damside site extends to 1078 acres (436 ha) and the position at mid-1998 may be summarised as follows:-
1. Area restored to grass = 395 acres (1 60 ha) 2. Area restored to overburden = 47 acres (19 ha) 3. Area of peat storage = 62 acres (25 ha) 4. Remaining excavation area = 9 1 acres (37 ha) 5. Other site elements (i.e. work complex, disposal point, roadways, top-soil and sub-soil dumps, overburden dumps, lagoons, undisturbed areas of the site)
= 482 acres (195 ha)
1.6 The current site position is illustrated on the attached plan, and by way of comparison the Damside OCCS is 6.5 times the size of the proposed Wester Torrance OCCS to the north of Harthill. (A decision on the Wester Torrance proposal is awaited from the Secretary of State following a public inquiry in June of this year). The remaining excavation area at Damside is approximately 1.8 kilometres from Allanton and 1.O kilometres from Springhill, Shotts.
Market for Coal and Traffic Position 244
1.7 The Dainside coal production is processed at the site’s preparation plant for the domestic, industrial and power station markets. Of the annual production of approximately 270,000 tonnes, the market distribution (1998/99) is as follows:-
1. Papermills - 44.4%
2. Schools (107) - 7.7%
3. Cement Works - 10.7%
4. Longannet Mine - 17.2%
5. Distillers - 1.3%
6. Domestic Customers - 3.8%
7. Other Industrial Customers - 15%
1.8 The majority of Damside’s customers are in the east of Scotland, and an average of 26 coal lorries per day leave the site between Monday and Friday, with a further 4 on Saturdays. The lorries travelling east use the A71 to Breich and then join the MS via the A706 and Whitburn. Lorries travelling west join the MS at Junction 5 via the B717 and the B7057.
Employment Details
1.9 Damside OCCS currently employs 84 personnel, 35 of whom live within 0-5 miles of the site. A further 30 live within a radius of 5-10 miles. Most of the workers are not employed directly by Scottish Coal but by the two main contractors who handle the earthworks operations and the coal processing plant respectively.
Restoration Proposals
1.10 Restoration of the site is taking place on a progressive basis, and it is intended that 50% will be returned to agricultural land, and 50% to commercial forestry and amenity woodland with public access. The agricultural restoration is supervised by the Scottish Agricultural College (SAC) on behalf of Scottish Coal, while the woodland planting and long term management will be undertaken by the Central Scotland Countryside Trust (CSCT). The first 50 acre (20 ha) phase of tree planting will be carried out in the 1998/99 season. Footpaths which crossed the site prior to the opencast operations commencing will be reinstated, and the diverted Coal Burn will be returned to its original route as part of the comprehensive restoration programme which should be completed by late 2002.
2. REPRESENTATIONS AND OBSERVATIONS
2.1 The Council’s Director of Environmental Services and my Transportation Team Manager, together with Councillor Gormill, have no objections to Scottish Coal’s proposals.
2.2 Councillor Cefferty has formally objected on the grounds that the surrounding communities will suffer risk to health, public safety and loss of amenity for a further 2 years because of the inability of Scottish Coal not meeting conimercial targets. 24 5
2.3 Scottish Coal have outlined their reasons for the delay in establishing full production at Damside (see para 1.2), and it is not uncommon for opencast coal operators to apply for time- extensions to their planning consents. The reason time limits are imposed in the first place is to give the Planning Authority the opportunity to review the situation in light of experience, and either to refuse consent or impose different and/or more up-to-date planning conditions when the initial period has expired.
2.4 Notwithstanding the above general comment, I have the following observations to inalte on the specific points raised by Councillor Cefferty.
Health
2.5 Health is often raised as an issue in the consideration of proposals for mineral workings such as hard rock quarries and opencast coal operations. The main concern is the relationship between dust and its effects on respiratory function of children and older adults living in the vicinity of opencast mines.
2.6 The Government’s Committee on Medical Effects of Air Pollutants has concluded that no convincing evidence exists to support the suggestion that air pollution from opencast mining may have a detrimental effect upon the health of those living nearby. However, in response to concerns, the Government has commissioned research into the possible health effects of opencast mining. Levels of fine dust (expressed as PMlO levels) which have been measured in communities living in the vicinity of opencast mines are well within the Government’s air quality standards.
2.7 It must be remembered, that the remaining excavation area at Damside is 1.8 kilometres east of Allanton and 1 .O kilometres south of Springhill, Shotts. While dust nuisance was an issue when Damside commenced 250 metres from Allanton in 1989 and continued for the first 1-2 years, it is highly unlikely that the remaining operations will give rise to health problems for the surrounding communities as feared by Councillor Cefferty. As far as the generation of dust within the site is concerned, Scottish Coal have a dust control scheme in place which deals with the haul roads and the drag line as required, and the coal preparation plant is authorised and monitored by SEPA to ensure that dust suppression is satisfactory. Vehicles leaving the site pass through a high pressure wheel cleaning system so that no material should be deposited on the A71 which could dry out and be stirred up by general road traffic to create unacceptable levels of dust on the public highway.
2.8 In conclusion, and accepting that the Government’s research findings on the health effects of opencast coal mining are still outstanding, it is not considered that Scottish Coal’s proposed 2 - year extension at Damside could be justifiably refused on health grounds.
Public Safety
2.9 Public safety issues can be assumed to relate to those which are direct and those which are indirect.
2.10 All opencast sites are potentially dangerous places and the public should not enter them for any purpose without the express consent and under the supervision of the operators. Scottish Coal encourage organised access for school and community groups, and have adequate fencing and security arrangements to minimise unauthorised public access. In any event, the most dangerous parts of the site are either relatively remote (e.g. the current coal excavation area) or have additional security fencing (e.g. the settling lagoons). 246
2.1 1 The most obvious indirect public safety issue concerns the impact of additional heavy traffic. As stated previously, approximately 26 coal lorries leave the site each day between the hours of 7 am to 7 pm, with 26 returning empty vehicles at various times throughout the day. The lorries can be intimidating to other road users, but each lorry leaving the site is sheeted (to prevent coal or dust escaping) and wheel cleaned (to prevent material falling on to the highway). The east-bound lorries have minimum impact within North Lanarkshire, and the west-bound lorries do not traverse any major built up areas. While the first batch of empty lorries arriving at the site before 7 am can be a nuisance to householders fronting the B7 17, the number of vehicles involved in serving Damside site is such that it would be difficult to sustain a refusal of planning consent on public safety grounds.
Amenity
2.12 In considering the concept of “amenity” a useful starting point is the following statement:-
“Anything ugly, dirg, noisy, crowded, destructive, intrusive or uncomfortable may injure the interests of amenity and therefore be of concern to the planning authority”.
In the generality of opencast coal mining, the most common amenity considerations are noise, dust, safety, loss of rural ambience and visual intrusion.
2.13 In the specific case of the Damside OCCS, it is considered that the cumulative impacts of noise, dust and safety would not justify a refusal of consent for a timescale extension. Dust and safety have been discussed above, and noise1blasting should not constitute a problem given the location of the remaining working area. The original rural ambience of South Dyke, Blackhall and Kepplehill Farms has already been changed since works commenced in 1989190, so this can no longer be regarded as a material consideration in the determination of the current application.
2.14 The final issue of visual intrusion now requires to be addressed. There is no doubt that, to a greater or lesser degree, all opencast coal working is visually intrusive for certain periods of time. The various activities of site preparation; opencasting of coal and backfilling; and final restoration and planting present different types of intrusion and it is always open to subjective opinion whether or not the different forms of intrusion are sufficiently detrimental to result in an injury to amenity. Some might argue that opencast coal working adds interest to an otherwise bland and monotonous landscape, such as that which existed at the three farms referred to above, albeit for a short duration.
2.15 In the case of Damside the following points should be remembered when considering the impact of its visual intrusion:-
1. 395 acres (37% of the entire site) have already been restored to grass, and soine of this grassland now supports livestock. 2. The main overburden mound at the south west corner of the site has been dressedlseeded and blends well with the landscape. 3. The remaining excavation area is not visible from the A71. 4. The first 50 acre tree planting phase will be commencing this autumn. 5. The frontage along the A71 east of Stane Road is not particularly attractive, having oiily been restored to overburn level. Scottish Coal have made some attempt to grade off the area, but its appearance will not significantly improve until mid-1999 when the soil replacement can commence. 247
2.16 While there is no concealing the fact that the Damside Opencast Site is a significant feature of the landscape to the east of Allanton and south of Shotts, I do not consider that it constitutes a sufficient injury to the amenity of surrounding communities to justify rehsing Scottish Coal's application to extend its working life by a period of two years.
3. CONCLUSION AND RECOMMENDATIONS
3.1 The Damside OCCS has been in operation since 1989/90 and has been closely monitored by my Department since its inception. A Liaison Committee was formed by British Coal at the commencement of works and has met on a regular basis to review progress and deal with problems. The Community Council, local member and individual residents attend the Committee meetings and while there were a number of complaints in the early days froin residents of Dura Road, Allanton about the effects of blasting on their properties, British Coal (and eventually Scottish Coal) addressed the concerns to the best of their ability.
3.2 It is probably fair to say that the communities of Allanton and Shotts might have preferred Damside not to have been given planning consent in 1987. However, from a planning and eiivironmental point of view I am satisfied that this large opencast site has been operated in an efficient manner and that the impact on the local communities and the environment has not been unduly onerous. The application by Scottish Coal to continue the coaling operations for a period of 2 years to October 2000 is not unreasonable in the circumstances, and the restored agricultural/woodland site will make a significant contribution to the rural landscape and the Central Scotland Forest in this part of North Lanarkshire. Notwithstanding the objections of Councillor Cefferty it is recommended that planning consent be granted, subject to conditions.
3.3 Finally, the Committee is advised that I am currently considering an application from LAW Mining in respect opencast coal working at Badallan Farms lying to the north-east of Headless Cross. The proposed opencast site of 340 acres straddles the boundary with West Lothian and my report on the application will be presented to the Committee later this year. 248
Application No. S/98/0084 l/FUL Date registered 1 1 June 1998 APPLICANT MOHAMMED AKHTAR, 70-72 MANSFIELD ROAD, BELLSHILL Agent Ian Keachie, 72 North Orchard Street, Motherwell DEVELOPMENT PROPOSED ALTERATIONS TO EXISTING SHOP AND CHANGE OF USE TO FORM A HOT FOOD TAKE AWAY SHOP LOCATION 66-68 MANSFIELD ROAD, BELLSHILL
Ward No. 24 Grid Reference 272880-659710
File Reference S/PL/B/7/96( 122)iDAIAB
Site History Previously used as a newsagent
Development Plan Bellshill & Mossend Local Plan - Policy H2 (Established residential area) Southern Area Local Plan, Finalised Draft - Policy HSGS (Established housing area)
Contrary to Development Plan No
CONSULTATIONS
Objection No Objection Conditions NLC Environmental Services No Reply
REPRESENTATIONS
Neighbours 2 objections Newspaper Advertisement No Response
COMMENTS The applicant seeks planning permission to clange the use of a shop to a hot food take away, The unit is part of a small group of single storey units adjacent to flats and terraced residences. Two objections have been received and my observations on the objections together with comments on the merits of the proposal are detailed in the attached report. It is recommended that planning permission be granted.
RECOMMENDATION Grant, subject to the following condition:-
1. That the development hereby permitted shall be started within five years of the date of this permission. :. i
A 1:im 2 50
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
List of Background Papers
Application form and plans, dated 11/6/98 Letter from applicant, dated 9/7/98 Bellshill & Mossend Local Plan Southern Area Local Plan, Finalised Draft Memo from NLC Director of Environmental Services, dated 29/6/98 Letter from Hamilton Burns & Moore, dated 18/6/98 Letter from Associated Rentals Ltd., dated 3016198
Any person wishing to inspect the above background papers should telephone Motherwell 302090 and ask for Mr Ashman. 25 1
APPLICATION NO. S/98/00841/FUL
REPORT
1. APPLICATION AND SITE
1.1 The applicant seeks planning permission to change the use of a shop to a hot food take away. The shop has most recently been in use as a newsagent.
1.2 The unit is contained within a small single storey terrace of 4 units with a larger unit located immediately adjacent. The shops presently consist of a grocedmini-market, a newsagent, a Chinese Take Away, a hair stylist and a vacant unit. They are accessed from Mansfield Road, a small distributor road running parallel to Hamilton Road, with a few parking bays to the front of the property and a parking area to the rear.
1.3 This grouping of shops forms a small neighbourhood centre on the periphery of a large Council housing scheme.
2. CONSULTATIONS
2.1 Director of Environmental Services - has no objection, subject to further information being provided on ventilation within the shop. This information will be provided by the applicant during the building warrant submission. However, as the premises is single storey with no abutting residences, no problems are anticipated.
3. OBJECTIONS
3.1 Two objections to the proposed development have been received. The first is from the neighbouring take away proprietor. He is concerned over the level of provision of hot food take aways in the vicinity of the site (he cites six stores) and would regard another one as over provision.
3.2 The second objection comes from the owner of one of the adjacent units. This ohjtxtor is of the opinion that the shop units are incorrectly numbered due to previous subdivisions His other comments relate to the loss of the shop meaning there will now only be one pcer in the vicinity possibly leading to inflated prices i.e. he is concerned over the implications for commercial competition.
4. COMMENTS AND OBSERVATIONS
4.1 The objections submitted with regard to this application are, strictly speaking, not relevant planning issues. If there is incorrect numbering of units, this is a matter to be addressed by all relevant parties including the post office. The unit associated with this application is clearly identified on the application plans. Commercial competition between units has long been established as not a relevant material consideration.
4.2 With respect to an issue not raised by the objectors, I have some concerns from a transportation viewpoint. Approval of this application would mean that there are two hot food take aways operating in immediate proximity, with a possible third one the subject of an as yet unimplemented consent. The “six” referred to by one of the objectors would seem to take in a 252
much wider area. Ordinarily, concerns over likely short term parking problems, particularly on a busy road, could lead me to recommend refusal of an application.
4.3 However, in this instance, Mansfield Road is a quiet road and there are parking facilities to the front and rear of the premises. There are no on-road parking restrictions. Furthermore, this group of shop units clearly acts as a neighbourhood shopping centre and will therefore generate considerable walk in trade. On this basis, I am not concerned to the point that I would recommend refusal of the application.
4.4 I therefore consider that planning permission should be granted. 253
Application No. S/98/009 1 WOUT Date registered 30 June 1998 APPLICANT JAMES CANNING, 160 CLYDESDALE STREET, MOSSEND ML4 2RS Agent Jas G Aitchison & Son, 5 Bourne Street, Hamilton ML3 7BW DEVELOPMENT CONSTRUCTION OF TWO DWELLINGHOUSES (IN OUTLINE) LOCATION CLYDESDALE STREET, MOSSEND
Ward No. 5 Grid Reference 275940-659770
File Reference SlPL/Bl5/24(32)lDAIAB
Site History No significant site history
Development Plan Northern Area Local Plan - Policy DL1 (mixed use area) Southern Area Local Plan, Finalised Draft - Policy L3 (protected open space)
Contrary to Development Plan Yes
CONSULTATIONS
Objection No Objection Coal Authority, West of Scotland Water Conditions No Reply
REPRESENTATIONS
Neighbours No Response Newspaper Advertisement Not Required
COMMENTS The applicant seeks planning permission, in outline, for the construction of two dwellinghouses. The application site is located on the north side of Clydesdale Street, opposite New Stevenston Primary School, and is situated within an area of landscaped open space. My comments and observations on this application are detailed in the attached report.
RECOMMENDATION Refuse, on the following grounds:-
1. The proposed development is contrary to the adopted Motherwell District Council Northern Area Local Plan Policy DC1, in that the site is of such environmental value as to be regarded as worthy of protection from development.
255
2. The proposed developinent is contrary to North Lanarkshire Council Southern Area Local Plan, Finalised Draft, Policy L3, in that the application site and its surrounds are designated as protected open space and that such development would be detrimental to the environmental value of the site.
List of Background Papers
Application form and plans dated 30/6/98 Northern Area Local Plan Southern Area Local Plan, Finalised Draft Letter from Coal Authority, dated 16/7/98 Letter from West of Scotland Water, dated 4/8/98
Any person wishing to inspect the above background papers should telephone Motherwell 302090 and ask for Mr Ashman. 256
APPLICATION NO. S/98/0091 8/OUT
REPORT
1. APPLICATION AND SITE
1.1 The applicant seeks planning permission, in outline, for the construction of two dwellinghouses. The site is identified as an approximately rectangular piece of ground on open space to the north side of Clydesdale Street, New Stevenston, opposite New Stevenston Primary School. The boundary of the application site is not clearly defined on the ground but, according to the submitted plans, is sufficient to accommodate two dwellinghouses.
1.2 The site currently comprises mainly grass maintained by the Council and several poplar trees. It is an open plan site, although a 2 metre high concrete post and wire mesh fence forms the rear boundary adjacent to the railway. In the vicinity of the site there is the aforementioned primary school, several residences, a small neighbourhood group of shops and an electricity substation. Fullwood Foundry is located on the opposite side of the railway.
2. CONSULTATIONS
2.1 The Coal Authority and West of Scotland Water both have no adverse comments to make.
-9 3. DEVELOPMENT PLAN
3.1 Dating from 1986, the former Motherwell District Council Northern Area Local Plan includes the application site within an area covered by Policy DC1 (Mixed Use Areas). This policy states that within the identified areas, “a mixture of residential and commercial uses is acceptable, subject to there being no overriding highway safety or environmental reasons for the refusal of a development”.
3.2 The more recent North Lanarkshire Council Southern Area Local Plan, Finalised Draft includes the site within Policy L3. This policy states that, “The Council will seek to protect from development formal and informal public and private open spaces shown on the Proposals Maps by resisting proposals which would adversely affect such spaces”.
4. COMMENTS AND OBSERVATIONS
4.1 The determining issue, in this instance, is straightforward i.e. is the application site of such environmental importance to warrant refusal of the application. The recent local plan review looked at open space across the plan area to determine the amenity or environmental value of such spaces in order to determine whether or not protection was appropriate.
4.2 With respect to the application site, which sits within a wider area of open space, it was decided that it enhances the character of the village and provides space for active and passive recreation. Furthermore, the mature trees on the site, which would be removed as a result of development, form a useful screening function for existing residences on Clydesdale Street from the Fullwood Foundry and, therefore, merit protection.
4.3 It is considered that, in view of the positive environmental benefits offered by the application site and its surrounds, planning permission should be refused. 257
Application No. S/98/00920/AMD Date registered 8 July 1998 APPLICANT SUN LIFE ASSURANCE COMPANY OF CANADA Agent Jones Lang Wootton, 23 Charlotte Square, Edinburgh, EH2 4DF DEVELOPMENT APPLICATION FOR NON-COMPLIANCE WITH CONDITION (3) OF CONSENT No 134184 TO PERMIT SALE OF SPECIFIC CLASS 1 GOODS LOCATION LANDMARK UNIT, RANNOCH ROAD, BIRKENSHAW ESTATE, UDDINGSTON
Ward No. 21 Grid Reference 269500 - 662360
File Reference SIPLIB19/74(3 23)r~~m
Site History No significant site history
Development Plan Uddingston & Tannochside Town Map - Industry Southern Area Local Plan, Finalised Draft - Policy RTL 3 (Retail Warehouse Development)
Contrary to Develop ment Plan No
CONSULTATIONS
Objection No Objection Conditions No Reply
REPRESENTATIONS
Neighbours No Response Newspaper Advertisement Not Required
COMMENTS The applicant seeks planning permission to vary the terms of the original planning consent for this unit. The original consent, granted in 1984, restricted the goods which could be sold from the premises. The applicant now wishes to alter the original restrictive condition to reflect the range of goods allowed for in the more recent development plan and planning permissions for adjacent units. I have no objection to this proposal, subject to an appropriately worded new condition excluding certain items from sale, in the interests of protecting the vitality and viability of town centres. 4
PLANNING APPUCAllON NO: S/98/00920/AMEND APPUCAllON FOR NONCOMPLIANCEWlH CONDlllON (3) Of CONSENT NO. 13/84 TO PERMIT SALE Of SPECIAL CLASS 1 GOODS. ii12500 LANDMARK UNIT, RANNOCH ROAD, UDDINGSTON. 259
RECOMMENDATION
Grant, subject to the following condition:-
(1) That the permission hereby granted shall relate to the use of the premises for a use included within Class 1 of the Town and Country Planning (Use Classes) (Scotland) Order 1997, other than for the sale of food, clothing, shoes and sports goods.
Reason: To accord with the aims of Strathclyde Structure Plan Policy “Ret 4” and in the interests of safeguarding town centre retailing functions.
List of Background Papers
Application form and plans, dated 8/7/98 Uddingston & Tannochside Town Map Southern Area Local Plan, Finalised Draft
Any person wishing to inspect the above background papers should telephone Motherwell 3 02090 and ask for Mr Ashman. 260
Application No. 98/0 1009/FUL Date registered 16 July 1998 APPLICANT JOHN McCORMICK, 2 WOOD VIEW, UDDINGSTON G7 1 5BB Agent DEVELOPMENT PART CHANGE OF USE FROM MOTOR GARAGE TO TAXI RADIO CONTROL OFFICE AND INSTALLATION OF MAST LOCATION 9 BAIRDS AVENUE, VIEWPARK, UDDINGSTON
Ward No. 22 Grid Reference 270942-66 1244
File Reference SPLBI9l67(6 O)/AR/AB
Site History Permission granted in 1962 for a garage ref: 6211 70 Permission granted in 1990 for an extension to workshop ref: 450190
Development Plan Private Residential Development Opportunities - Southern Area Local Plan Finalised Draft 1998 Major Open Private Space - Uddingston - Tannochside - 1973
Contrary to Development Plan No
CONSULTATIONS
Objection No Objection Strathclyde Police, NLC Leisure Services Conditions No Reply
REPRESENTATIONS
Neighbours No Response Newspaper Advertisement 1 letter of objection
COMMENTS The applicant seeks consent for the part change of use from a motor repair garage to taxi radio base and for the installation of a 5 metre radio mast at 9 Bairds Avenue, Viewpark. The applicant has provided written confirmation that the base will not be used by the public ‘walking in off the street’. The base will be for telephone hires only. Strathclyde Police and the Director of Leisure Services have no objections. However, they are keen that a conditional consent be considered prohibiting the taxis from using Bairds Avenue as a short cut between New and Old Edinburgh Roads. The concerns of both these parties and of the local member has prompted my Department into investigating the possibility of promoting a ‘stopping up order’ at the Bairds Avenuemew Edinburgh Road junction. One letter of objection has been received from a local taxi firm and details of this and my comments can be found in my accompanying report.
262
RECOMMENDATION Grant, subject to the following conditions:-
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That before the development hereby permitted starts, details of a scheme for the redecoration of the exterior of the property shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: In the interests of the visual amenity of the area.
3. That before the development hereby permitted starts, the site shall be cleared of all debris and weeds, to the satisfaction of the Planning Authority.
Reason: In the interests of the visual amenity of the area.
4. That the taxi radio base hereby permitted shall not be open to members of the public.
Reason: To discourage taxis calling at the premises to collect passengers in the interests of public safety.
5. That the taxis controlled from the site shall respond to radio calls whilst on the road or static at recognised ranks and at no-time shall they stop to pick up passengers, or park on Bairds Avenue.
Reason: In the interests of road safety
List of Background Papers
Application forms and accompanying plans dated 16 July 1998 Letter from Strathclyde Police dated 23 July 1998 Memo from Director of Leisure Services dated 3 August 1998 Letter from Radio Taxi Services dated 29 July 1998 Letter from applicant dated 4 August 1998
Any person wishing to inspect the above background papers should telephone Motherwell 302099 and ask for Allison Russell. 263
APPLICATION NO: 98/0 1009RUL
REPORT
1.o DESCRIPTION OF SITE AND PROPOSAL
1.1 The application site is part of a vacant motor repair garage which ceased operations in March 1998. The applicant intends on leasing one unit from Anell Developments for the purposes of operating a taxi radio base at 9 Bairds Avenue, Viewpark.
1.2 The owner of the site is intending to sub-divide the motor repairs garage into three units.
1.3 The application site is one of the above three units and is approximately 360 square metres. 54 square metres of the site comprises the unit with the remaining 306 square metres being hardstanding.
1.4 The unit is to the south of a collection of commercial properties on Old Edinburgh Road and to the north of Thorniewood United Football Club. To the west lies residential properties and to the east of the motor repair garage is open space.
2.0 REPRESENTATIONS AND CONSULTATIONS
2.1 Following neighbour notification procedure and an advertisement in the local papers one objection from the public was received. The objection can be summarised in two parts as follows:-
(A) Trade Objection
Comment: The writer is objecting on the basis that there is adequate taxi provision in the Viewpark area and further competition could jeopardise his business. The planning system does not consider trade objections as a valid planning reason for a refusal.
(B) Increased Traffic
Comment: A taxi business at this area would increase traffic congestion on Old Edinburgh Road.
The application is for a taxi radio control base and not a rank. I am aware of thc traffic position on Old Edinburgh and do not want to exacerbate current problems. A condition has been attached to prohibit taxis from congregating in this vicinity and under traffic laws the Police have powers to move traffic on.
2.2 Strathclyde Police and the Director of Leisure Services have no objection to the proposal. However, conditions have been attached to allay concerns both parties have regarding taxis parking on Old Edinburgh Road and the use of Bairds Avenue as a short cut.
3.0 OBSERVATIONS AND CONCLUSIONS 264
3.1 It is considered that the proposal is an appropriate use for the site which is within an area currently used for coinmercial purposes. Although I do have a degree of concern for traffic issues, I am of the opinion that the taxi base will neither improve or worsen the situation. Additionally, the Committee should be aware that there is consent for a motor repair business and the repair business could re-open at anytime which, arguably, could generate more traffic inovemeiit than this proposal.
3.2 The result of the consultation/advertisement procedure indicates that it is considered that no serious general nuisance will be caused by the use. I therefore recommend that planning pennission is granted.