Norfh Lanarkshire Council

Planning Applications for consideration of Planning and Environment Committee

Committee Date : 17thJanuary 2008

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

3 APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 17THJanuary 2008

Page Application No. Applicant DevelopmentlLocus Recommendation No 4 N/07/00755/FUL Gladedale (Central Construction of 175 Grant Scotland) Ltd. Dwellinghouses Smithstone 5 Cumbernauld

12 N/07/01571/FUL Mr. D. Cassidy Construction of a House and Grant Extension to a House 2 Glen Grove Request for a Site Kilsyth. Visit & a Hearing.

21 N/07/01775/FUL Mrs. Doyle Extension to a Grant Dwellinghouse 18 First Avenue Request for a Site Stepps Visit & a Hearing

26 N/07/01900/FUL Mr. & Mrs. Curtis Alterations and Extension to Grant a House and Garage. 12 Murray Avenue Request for a Site Kilsyth Visit.

31 C/07/00577/FUL West of Scotland Change of Use from Grant Storage Ltd. Breakers Yard to Haulage Depot for Heavy Vehicles at 1 Cameron Street, Coatbridge

38 C/07/0131O/FUL Gallery Homes Ltd Erection of Two and Three Grant Storey Block of 17 Flats at 257-263 Forrest Street, Ai rd rie

47 C/07/01591/REM C S Properties Flatted Development Grant Comprising 16 Dwellings and Non-Compliance with Condition no. 12 of Planning Permission C/05/01934/OUT to Allow for Two and Half Storey Development at Land East Of 19-26 Grantown Gardens Glenmavis

56 C/O7/01685/FUL Ms A Weigand Erection of Dwellinghouse Grant (P) 35 Airdrie Road Caldercruix Airdrie

62 C/07/0171O/FUL Ms Samanda Change of Use from Class 1 Grant Notarangelo (Travel Agent) to Class 2 (Estate Agents) at 1 Anderson Street. Airdrie

1 67 S/07/00788/FUL Highline Erection of 16 Semi - Grant Construction Detached Dwellinghouses and 6 Flatted Dwellings Land at Sunnybank, Benhar Road, Shotts

79 S/07/01055/FUL Tradecast Homes Erection of 25 No. Flatted Grant Ltd Dwellings Land At and To The Rear Of 391/395 Caledonian Road, Wishaw

88 S/07/01799/FUL Ini Enterprises Ltd Alterations to Shop Grant 4 Thrashbush Road, Wishaw

93 S/07/01868/FUL Mr & Mrs D Slavin Erection of Two Storey Refuse Detached Dwellinghouse Land To The Rear Of 39 Omoa Road, Cleland

98 S/07/01869/FUL Wilma Kelly Siting of Mobile Snack Van Grant Land At Castlehill Road, Wishaw

(PI

C/07/01685/FUL If granted, subject to Section 75 Agreement

2 Application No: N/07/00755/FUL

Date Registered: 2nd May 2007

Applicant: Gladedale (Central Scotland) Ltd Argyll Court The Castle Business Park Stirling FK9 4TT

Development: Construction of 175 Dwelling houses and Associated Infrastructure

Location: Smithstone 5 Site to the North of Smithstone Road Cumbernauld

Ward: 1 - Kilsyth : Councillors Jones and Key

Grid Reference: 272866 675272

File Reference: N/07/00755/FUL

Site History:

Development Plan: The site is covered by Policy HG5C: New Housing Developments in terms of the Cumbernauld Local Plan 1993.

Contrary to Development Plan: No

Consultations: NLC Education (No Objection) Scottish Environment Protection Agency (Comments) Scottish Water (Comments) Strathclyde Passenger Transport (Comments) Strathclyde Police (Comments) Network Rail (Com ments) West of Scotland Archaeology Service (No Objection)

Representations: None

Newspaper Advertisement: Not Required

Recommendation: Approve Subject to the Following Conditions:-

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

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

4 5 2. That no works of any description shall be commenced within the application site, unless with the prior written approval of the Planning Authority, until the following information has been submitted to and approved in writing by the said Authority, in consultation with the Scottish Environment Protection Agency and Scottish Water as appropriate:-

1. Planning drawing confirming Finished Floor Levels and the development location in relation to the 200 year flood outline for the un-named watercourse. 2. Any landraising within the functional floodplain will require an appropriate amount of compensatory storage. 3. Improvements of culvert approach and entry conditions in line with current best practice. 4. Details of the structural and hydraulic condition of the culvert. 5. Details of the maintenance regime for the culvert. 6. Planning drawing confirming availability of overland flow pathways allowing water back into the watercourse rather than increasing flood risk to the development. 7. Confirmation that Scottish Water will adopt and maintain the SUDS.

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

3. That the SUDS compliant surface water drainage scheme approved in terms of Condition 2 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant ClRlA Manual and the approved plans.

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

4. Notwithstanding the terms of Conditions 2 and 3, a Flood Risk Assessment shall be submitted to the Planning Authority prior to any works of any description being commenced on the application site, unless otherwise agreed in writing with the said Authority. For the avoidance of doubt, the Flood Risk Assessment must take account of Scottish Planning Policy 7 (SPP 7) : Planning & Flooding and Planning Advice Note 69 (PAN 69) : Planning & Building Standards Advice on Flooding.

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

5. That any flood mitigation works identified in the Flood Risk Assessment, approved in terms of Condition 4 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of all of the flood mitigation works, a certificate (signed by a Chartered Civil Engineer experienced in flood mitigation) shall be submitted to the Planning Authority confirming that the flood mitigation works have been constructed in accordance with the approved plans.

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

6 6. That BEFORE the development hereby permitted starts, full details of the materials to be used for the upgrading of the right of way to the north of Plots 5 - 23 shall be submitted to, and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition. For the avoidance of doubt the right of way shall remain unobstructed at all times, except for when it is being upgraded.

Reason: To enable the Planning Authority to retain effective control, in the interests of pedestrian access.

7. That BEFORE the development hereby permitted starts, a scheme of landscaping shall be submitted to, and approved in writing by the Planning Authority, and it shall include:-

(a) details of any earth moulding and hard landscaping, boundary treatment, 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 'focal point' feature as required by the relevant Development Brief; (d) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site.

For the avoidance of doubt, specific attention requires to be paid to the landscaping andlor bunding area between the development site and the site of the proposed Croy Railway Station multi-storey car park.

Reason: To enable the Planning Authority to assess these aspects, ensuring that there is adequate landscaping provision within the site in the interests of the amenity of future residents.

8. That all works included in the scheme of landscaping and planting, approved under the terms of condition 7 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.

Reason: In the interests of the amenity of the future residents

9. That BEFORE the development hereby permitted starts, a scheme, for the provision of 2 equipped play areas within the application site shall be submitted to, and approved in writing by the Planning Authority, and this shall include:-

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

Reason: To ensure that the play areas are satisfactory to the Planning Authority in the interests of the amenity of future residents.

10 That BEFORE occupation of the 5th last house within the development hereby permitted, all works required for the provision of the equipped play areas and, included in the scheme approved under the terms of condition 9, shall be completed.

7 Reason: To ensure the provision of adequate play facilities within the site, in the interests of the amenity of future residents.

11. That within three months of the commencement of the development hereby permitted, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of the proposed landscaped areas, play areas and the right of way to the north of plots 5 - 23.

Reason: To ensure that satisfactory management arrangements will be put in place in the interests of the amenity of future residents.

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

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

13. That BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition.

Reason: To enable the Planning Authority to consider these aspects in the interest of the visual amenity of the site and the surrounding area.

14. That BEFORE the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition.

Reason: To enable the Planning Authority to consider these aspects in the interest of the visual amenity of the site and the surrounding area.

15. That BEFORE the development hereby permitted starts, the information requested in the memorandum from the Head of Protective Services dated loth September 2007 in association with the submitted site investigation, shall be submitted to, and approved in writing by the Planning Authority.

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

16. That any remediation works required as a result of the further information submitted in connection with Condition 15 shall be implemented to the satisfaction of the Planning Authority in accordance with a timescale to be agreed with the said Authority.

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

17. That, if as a result of the RCC approval process, Drawing SS/SL/Ol Rev. M requires to be altered in respect of the horizontal geometry of the roads, footway and footpath locations and design, on- street lay-by car parking and traffic calming, then a revised Drawing shall be submitted to and for the approval of the Planning Authority.

Reason : To ensure consistency in the Council's approval processes in its role as Planning and Highways Authority.

8 Background Papers:

Application form and plans received 2nd May 2007

E-mail from West of Scotland Archaeology Service received 16'h May 2007 Letter from Network Rail received 24'h May 2007 Letter from Scottish Water received 2gthMay 2007 Letter from Strathclyde Passenger Transport received 7'h June 2007 Letter from Strathclyde Police Architectural Liaison received 4'h June 2007 Letter from Scottish Environment Protection Agency received 21'' November and 24'h December 2007 Memos from Traffic & Transportation Team Leader (HQ-Northern) received 24'h May, 20thJuly and 12'h November 2007 Memos from Geotechnical Team Leader received 2gth November and 21" December 2007 Memos from Head of Protective Services received 21'' May and 1Oth September 2007 Memo from Education received 17'h May 2007 Memo from Countryside and Landscape Manager received 31'' July 2007 Cumbernauld Local Plan 1993

Any person wishing to inspect these documents should contact Mrs Kirsten Devlin at 01236 616463.

Date: 3lstDecember 2007

9 APPLICATION NO. N1071007551FUL

REPORT

1. Description of Site and Proposal

1.1 This application is for the construction of 175 houses comprising :-

0 79 detached villas 0 18 semi-detached houses 11 terraced houses 0 19 town houses 0 48 x three storey flats.

on a 7.6 hectare site at Smithstone, Cumbernauld. The Council is in the process of selling the site to Gladedale (Central Scotland) Ltd.

1.2 This is the fifth of six residential sites to be marketed by the Council within the Western Extension Area of Cumbernauld. The Smithstone development area extends to 54 hectares.

1.3 The site is bounded to the north by the temporary car park of Croy railway station (the site of the recently approved multi-storey car park) and the railway line, and to the west by the housing development currently under construction by Dawn Homes. To the east lies Dulattur Golf Club, and to the south lies the final housing development site, which is currently being marketed by the Council.

2. Development Plan

2.1 This proposal raises no issues in terms of the Glasgow and the Clyde Valley Joint Structure Plan 2000 and can therefore be assessed against local plan policies.

2.2 In terms of the Cumbernauld Local Plan 1993 the site is covered by Policy HG5: New Residential Development - Western Extension Area.

3. Consultations and Representations

3.1 My Traffic & Transportation and Geotechnical Sections have no objections.

3.2 My Pollution Control Section is currently assessing some additional site investigation information submitted by the applicant, but has no objections to the development.

3.3 My Land Services Section has no basic objections, and any outstanding matters can be covered by planning conditions.

3.4 The Director of Education has confirmed that all schools within the catchment area have sufficient accommodation to cope with the projected pupil increase such a development may produce.

3.5 Network Rail has no objections.

3.6 Scottish Water has no objections.

3.7 Strathclyde Police Architectural Liaison Officer has no objections.

10 3.8 Strathclyde Passenger Transport referred to their intention to construct a multi-storey car park at Croy railway station. They request a condition be attached for a parking regime at Smithstone, with the developer assuming responsibility. This however, is not feasible as the roads and majority of the footpaths will eventually be adopted and maintained by the Council. They also made reference to cyclepath links between the site and the station.

3.9 SEPA have confirmed that all surface water from the site requires to be collected and treated prior to discharge to the adjacent watercourse. SEPA confirmed that flood risk to the site from the watercourse should be low, and the proposed houses are outwith the floodplain. Outstanding matters can be covered by a planning condition.

3.10 West of Scotland Archaeology Service confirmed that there are no substantive archaeological issues.

4. Planning Assessment and Conclusions

4.1 Under Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The proposals are in accordance with local plan policy as the site is allocated for residential development in the Cumbernauld Local Plan 1993.

4.2 Gladedale’s proposals are acceptable in terms of the site layout, house types &their design and play areallandscaping provision and are in accordance with the Smithstone 5 Development Brief. It is recommended that planning permission be granted.

11 Application No: NI0710 1571IFUL

Date Registered: 27th September 2007

Applicant: Mr Douglas Cassidy 2 Glen Grove Kilsyth G65 9PS

Agent SG Architects Ltd 87 Carlton Place Glasgow G5 9TD

Development: Construction of a House and Extension to an Existing House

Location: 2 Glen Grove Kilsyth Glasgow G65 9PS

Ward: 1 - Kilsyth : Councillors Jones and Key

Grid Reference: 271 708 678488

File Reference: N/07/01571/FUL

Site History: No applications of relevance

Development Plan: Kilsyth Local Plan 1999:Policy HG3

Contrary to Development Plan: No

Consultations: Scottish Water (Comments)

Representations: 6 letters of representation received.

Newspaper Advertisement: Not Required

Recommendation: Approve Subject to the Following Conditions:-

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

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

2. That before the development hereby permitted commences details of the materials to be used for the proposed garage shall be submitted to and approved in writing by the Planning Authority.

Reason: In order that the Planning Authority might assess the suitability of the materials in the interests of the amenity of Glen Grove.

12 13 3. That before the development hereby permitted commences full details of all materials to be used for the proposed dwellinghouse shall be submitted to and approved in writing by the Planning Authority.

Reason: In order that the Planning Authority might assess the suitability of the materials in the interests of the amenity of Glen Grove

4. That the first 2 metres across the entire width of the proposed driveway from behind the footway shall be paved.

Reason: To prevent deleterious material being carried onto the road.

5. That except as may otherwise agreed in writing by the Planning Authority a visibility splay of 2 metres x 60 metres, in both directions, will be provided at the new access to the public road within which nothing higher than 1 metre should be placed, built or be allowed to grow.

Reason: In the interests of traffic and pedestrian safety.

6. That before the development hereby permitted commences details of the proposed drainage to be installed for the driveway extension hereby permitted, shall be submitted to and approved in writing by the Planning Authority. This drainage must ensure that no surface water runs on to the public road. The approved drainage scheme shall be implemented on site before the garage is brought into use.

Reason: In the interests of traffic and pedestrian safety

7. That both connections to the public road, existing and new, will be by means of a 5 metre dropped kerb.

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

8. That the integral garage of the dwellinghouse hereby permitted shall not be altered for use as a room without the prior written consent of the Planning Authority.

Reason: To ensue adequate on site parking

9. That before the development hereby permitted commences, a phase 1 site investigation survey shall be carried out in accordance with the requirements of CLR 11 and British Standard Code of Practice BS10175:2001 and a report of this survey will be submitted to the Planning Authority, in both written and electronically format, for approval in writing. Dependant on the findings of this site investigation further phase ii - phase iv investigations may be required again in terms of CLR 11 and British Standard Code of Practice BSI 0175:2001. The works required in order to remove or render harmless any contaminants found, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not commence until these works have been completed. For the avoidance of doubt, this survey must look at all aspects of contamination of the site with particular reference to addressing the issue in terms of assessing the risk posed by the presence of pollutants in relation to sensitive receptors and, where appropriate, must include remediation proposals. Any analytical or investigatory work used to support the conclusions of the survey must include information regarding the methodology and Quality Assurance systems used.

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

10. That before the development herby permitted commences, the applicant must confirm in writing to the Planning Authority that the foul drainage can be connected to the public sewer in accordance with the requirements of Scottish Water. The surface water must be treated in accordance with the principles of the Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland published by ClRlA in March 2000.

Reason: To ensure adequate on site drainage.

11. That before the development herby permitted commences, details of all walls and fences to be removed and replaced, including any retaining walls, shall be submitted to and approved in writing by the Planning Authority.

Reason: To safeguard the residential amenity of the area.

Background Papers:

Application form and plans received 26th September 2007

Memo from Head of Protective Services received 10th October 2007 Memo from Traffic & Transportation Team Leader dated 15'h October 2007

Letter from M R Moore, C/o Marshall, 5 Glen Grove, Kilsyth, G65 9PS received 11th October 2007. Letter from James & Janette Marshall, 5 Glen Grove, Kilsyth, G65 9PS received 11th October 2007. Letter from Mr David Cant, 'Hilland', 1 Glen Grove, Kilsyth, G65 9PS received 1 1th October 2007. Letter from Hugh McAdam, 93 Arden Grove, Kilsyth, G65 9LZ received 18th October 2007. Letter from Mr Brown, 4 Glen Grove, Kilsyth, G65 9PS received 18th October 2007. Letter from Mr Allan Finlayson MSc MRTPI, 23 Valleybank, Banton, Kilsyth, G65 ORH received 23rd November 2007.

Kilsyth Local Plan 1999,

Any person wishing to inspect these documents should contact Mr Gavin Forrest at 01236 616466.

DATE: lothDecember 2007

15 APPLICATION NO. N/07/01571/FUL

REPORT

1. Description of Site and Proposal

1.1 This application seeks permission for the construction of a house and extensions to the existing house at 2 Glen Grove, Kilsyth, which is a short cul-de-sac.

1.2 The existing property is a one-and-a-half story detached house, which will be altered and extended with a new garage being added. A new access will be formed to serve the existing house. The property is situated on a lower level than Glen Grove and the driveway will drop away from the road towards the garage, which will measure approximately 6 metre x 6 metres.

1.3 The proposed house will be situated in an area to the east of the existing house which currently has a garage on it, which will be removed, but the existing access will be retained to provide access to the new house.

1.4 The new house will be a single storey building measuring approximately 9 metres x 14.5 metres. The site gradually slopes away from Glen Grove and at its highest point (the rear) the building will be approximately 7 metres high. The house will contain 3 bedrooms, a living room, dining-kitchen, bathroom and a garage.

2. Development Plan

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

2.2 The site is covered by Policy HG3 of the Kilsyth Local Plan 1999 which states that new residential developments will be in keeping with the scale and character of the surrounding area.

3. Consultations and Representations

3.1 Internal consultations were carried out with my Traffic and Transportation Department. Issues were raised regarding the connection to the road, the visibility splays, drainage and incurtilage parking. However all issues raised can be dealt with through the imposition of conditions. My Protective Services Department was also consulted and again the issue raised will be covered by a condition stipulating that a site investigation must be carried out. External consultations with Scottish Water Raised no issues.

3.2 There have been 6 letters of objection received from the occupants of 1, 4 and 5 Glen Grove, 93 Arden Grove and 23 Valleybank, Banton. The objections and my comments thereon are as follows :-

b The development will be jammed closely to number 4 Glen Grove and will detract from the general appearance of the street.

Comments ;The proposed house will be situated between 1.5 metres and 3 metres from the boundary of number 4 Glen Grove. The surrounding area is made up of semi detached and detached properties. Number 2 Glen Grove is situated approximately 1 metre from the boundary with number 93 Arden Grove and number 11 Glen Grove is situated approximately 1 metre from boundary with number 9 Glen Grove. The distance from the boundary is in keeping with the immediate area and the property will still be situated approximately 5.5 metres from the house at number 4 Glen Grove and will be separated by mature planting. The size of the

16 property, the road frontage and access are all in keeping with the street.

A large part of the view from my house (number 5) will be blocked

Comments ; The issue of loss of view is not a material planning consideration. The house is considered to be of an acceptable design and appearance.

The proposal of a new driveway at the end of Glen Grove, in our opinion would be dangerous as there is already congestion at the end of the street with parked cars at an already busy junction with Arden Grove.

Comments ;My Traffic and Transportation Section was consulted regarding this development and has no objections. The issues that were raised can be dealt with through the imposition of conditions. Glen Grove is a cul-de-sac and the proposed house, as well as the existing house have sufficient in-curtilage parking which should avoid the need for additional on-street parking associated with the development.

Both the house and garden (of number 4) will be completely overshadowed by the erection of the proposed new house to be built on the driveway of number 2 Glen Grove.

Comments ;The proposed house has been repositioned closer to the road to cut down on any overshadowing on number 4 Glen Grove. The boundary of number 2 and number 4 Glen Grove has high mature planting on it. The objector submitted photos clearly showing that the garden of number 4 Glen Grove currently has a large amount of overshadowing caused by the planting on the boundary. If there is any additional overshadowing it will occur in the late afternoon, when the garden is already currently overshadowed to some extent. A sunlight and daylight test was also undertaken. The levels of both daylight and sunlight that number 4 Glen Grove will receive after the development has been built are at an acceptable standard. The development will still allow an adequate amount of light to number 4 Glen Grove. This is mainly due to the orientation of the site and the levels involved.

The creation of a new driveway at number 2 Glen Grove will cause severe problems to other residents off-street parking in an already very busy street and could potentially be hazardous to the manoeuvrability of entry and exit of emergency vehicles.

Comments .- The creation of a new driveway should cut down the amount of on-street parking and not contribute to the congestion in the street.

How will the proposed new house be connected to the current drainage system as historically the surrounding land was prone to flooding ?

Comments ; Scottish Water was consulted regarding this development. The current drainage infrastructure can cope with the proposed development. A totally separate drainage system will be required for the surface water to a suitable outlet. These matters will be covered by the Building Warrant .

The proposed new house and the extension are both outwith the existing building line of Glen G rove.

Comments ; There is no uniform building line in Glen Grove. The middle section of semi detached houses has a common building line. However properties such as 93 Arden Grove, 11 Glen Grove and 12 Glen Grove are individually sited within their plots. The new house will sit approximately 2.5 metres behind the building line of number 4 Glen Grove.

My (number 4) conservatory will be in total darkness and a substantial amount of natural light will be lost in my upstairs sitting room.

17 Comments : The conservatory sits approximately 1 metre away from the existing mature fir trees. The majority of daylight the conservatory receives is from the south. The south elevation will not be affected by the development. As mentioned previously, due to the orientation of the properties, any blocking of sunlight or impact on natural light will be minimal and confined to late afternoon. e Our (number 4) outlook and view will be a wall and a roof.

Comments : From the ground floor conservatory, the immediate view to the west is the boundary planting. The proposed house is situated to the west of number 4 Glen Grove and will have a minimal affect on the property. The outlook from the first floor window will be slightly affected. However the repositioning of the proposed house on the plot (ie. nearer to the road) means that the highest point in relation to number 4 will be 7 metres in height, namely the peak of the pitched roof The issue of view is not a material planning consideration.

My house (number 4) will considerably depreciate in value

Comments : The issue of possible impact on the value of neighbouring properties is not a material planning consideration.

The development will have a major visual impact for a number of residents of the street.

Comments : The issue of lines of sight / views in not a material planning consideration. The proposed house will be situated considerably lower than the properties on the other side of the road. The plot is of size to accommodate the house and the design is acceptable. e The development is a prime example of over-development which impacts on the amenity of the area. There is not adequate open space.

Comments :The proposed house has sufficient garden ground. There is a large area of open space situated at the rear of the house, as well as space immediately to the front.

My enclosed drying area (number 93 Arden Grove) is the only outside area available for us to enjoy eating with any form of privacy. If the proposed new access were approved, this situation would be untenable.

Comments : The proposed driveway will enter the site near the boundary with number 93. It will then drop steeply and swings away from the boundary. The outdoor drying area will not be overlooked for long periods of time, and any overlooking will be minimal and would not warrant the refusal of planning permission. e The installation of the proposed driveway at a 1 / 9 slope will still leave in places the driveway more than one metre higher than my drying area, requiring a retaining wall to avoid slippage.

Comments :Details have not been submitted regarding the retaining wall. However a condition can be imposed to ensure that the details regarding all walls and fences, including the retaining walls, are acceptable to the Council.

If a building warrant is approved where would a skip be sited ?

Comments: This is not something that requires approval from my Building Standards Section. However if the skip were to be positioned on the road, permission would be required from my Traffic and Transportation Section.

The proposed house would result in unacceptable overbearance in relation to number 4 Glen

18 Grove’s garden and that the extended house would also have an impact on the limited private garden of 93 Arden Grove.

Comments : As previously mentioned, the garden of number 4 Glen Grove currently experiences a significant amount of overshadowing as a result of both the orientation of the properties and the mature planting on the boundary. The driveway and garage will create minimal overlooking on to the drying area of number 93 and would not warrant the refusal of planning permission.

I feel that both the extension to the existing house and the proposed new house are contrary to Policy HG3 of the Kilsyth Local Plan since “the remaining usable garden ground for each property would not provide a satisfactory living environment”.

Comments: There will be an area of approximately 6 metres x 14 metres immediately at the rear of the existing house and a larger area measuring approximately 25 metres x 16 metres beyond that. There is also an area measuring approximately 66 square metres at the front of the property. The amount of open space attached to the proposed house is of similar dimensions, and while both of the rear extended gardens are somewhat steep they still provide ’useable garden ground’.

The proposed extension at number 2 Glen Grove is incongruous with the architectural character of the existing house and the ‘townscape character’ of Glen Grove. This is on the grounds that the proposed garage is located to the front of the building and would result in the blank gable of an ancillary building positioned forward of the existing building line. In this regard the extended building would not properly front on to Glen Grove in the manner which all other houses in Glen Grove do.

Comments : The existing house has a mixture of styles such as pitched roofs, flat roofs, dormers and a mixture of materials. The garage will be integrated into the existing building and will not break the existing roof pitch. Within Glen Grove there are numerous property styles and not a uniform pattern. Although the formation of the garage does not conform to the rest of Glen Grove, it will not be of detriment to the amenity of the surrounding properties and therefore it would not warrant the refusal of planning permission.

The proposed vehicle driveway and parking areas for the existing and proposed houses are located to the front without over-riding road safety reasons. In addition this positioning, at 1.5 metres above the adjacent garden ground of 93 Arden Grove compromises the residential amenity of the only private garden ground of number 93.

Comments :All the in-curtilage parking provision for the houses in Glen Grove is situated at the front of the buildings. The parking for the two houses under consideration should not result in an increase in vehicles parked on the road. The issue of overlooking or privacy will be very minimal and not warrant the refusal of planning permission. There will be no windows created overlooking this area of number 93’s garden and there is fencing on the boundary.

The proposed house extension is contrary to the guidance contained in North Lanarkshire Council’s ‘House Extension - A Design Guide’ on the following grounds :- (a) The proposed garage extension is out of character with the existing houses in Glen Grove which sets garages to the side and rear. (b) The extension proposed would dominate and detract from the symmetrical front elevation of the building. The proposed blank gable on to the public road as opposed to the existing pattern of fenestration would detract from the existing street scene. The retention of mature planting on the northern boundary could not be secured to avoid this outcome. (c) The remaining usable garden ground, whilst under the exclusive control of the applicant, is not adequately screened and by virtue of the 1:3 declining gradient could never be so.

19 Comments :There is no distinct character of housing in Glen Grove. Numbers 3-9 are uniform in that they are semi detached. The remaining buildings are of varying size, design and on different levels. Number 4 Glen Groves’s orientation and exiting plot size is different to many of the other houses in the street and the proposed extension will not be detrimental to the surrounding houses, The existing house, although having a symmetrical front, has different levels, extensions, dormers etc. Although the garage will be noticeable from the front, the front elevation is not visible from the road and will not detract from the road frontage. The proposed garage does not have a totally blank elevation as there is a door facing the road. The main body of the house has numerous windows facing the road and there are currently large mature trees on the boundary that screen this elevation to some extent. There are no plans to remove these trees as present, However to achieve the adequate sightlines the trees may need to be lopped, topped or removed, With regard to the open space being provided for the proposed house, at no point in the guidance is there mention of ‘usable’ garden ground. The space surrounding the building is considered to be adequate for the size of the house. As previously mentioned there will be an area approximately 6 metres x 14 immediately at the rear of the house and a larger area measuring approximately 25 metres x 16 metres beyond that. There is also an area measuring approximately 66 square metres at the front of the house.

Both the existing and proposed houses fail the criteria established in North Lanarkshire Council’s ‘Open Space Guidelines’ : Space around Dwellings’. The reason for this being that :- (a)The maximum front garden depth is 4 metres and not the maximum 6 metres required (b) The usable rear garden depth of 4 metres for the existing dwelling and 3 metres for the proposed house is significantly less than the required 10 metres. (c) Minimum side garden distances of 5 metres are not achieved in either existing or proposed houses . The minimum side distance is 0.8metres and the maximum is 2.2 metres. (d) No topographical features or other material considerations exist to allow any variation to the established criteria let alone the significant variation proposed.

Comments :As indicated in previous paragraphs it is considered that there is adequate garden space for each house.

This development is contrary Policy HG3 of the Kilsyth Local Plan and Appendix 1 (Design Guidance 3: Residential Design standards) and Appendix 2 (Open Space Guidelines: Space around Dwellings), both of the Northern Corridor Local Plan.

Comments: The application site is covered by the Kilsyth Local Plan 1999 not the Northern Corridor Local Plan. The proposals are not in conflict with the Kilsyth Local Plan.

4. Planninn Assessment and Conclusions

4.1 Under Section 25 of the Town and Country Planning Act 1997, planning decisions must be made in accordance with the relevant development plan unless material considerations indicate otherwise. This application is generally in accordance with the terms of the Kilsyth Local Plan. The proposals offer sufficient open space, sufficient in-curtilage parking, adequate design and scale and will not be significantly detrimental to the neighbours’ amenity.

4.2 Whilst some of the concerns expressed by the neighbours are understandable, none are serious enough to merit the refusal of planning permission.

4.3 The proposed development is considered acceptable in planning terms it is recommended that planning permission for the extension to the existing house and the construction of a new house at 2 Glen Grove, Kilsyth, be granted.

20 Application No: N/07/01775/FUL

Date Registered: 2"d November 2007

Applicant: Mrs Doyle 18 First Avenue Millerston Stepps G33 6JP

Agent Plans and drawings.com 5 Station Road Stepps G33 6HB

Development: Extension to a Dwellinghouse

Location: 18 First Avenue Millerston Stepps G33 6JP Ward: 5 - Strathkelvin : Councillors Hogg, McGlinchey, Shaw & Wallace

Grid Reference:

File Reference: N/07/01775/FUL

Site History:

Development Plan: Northern Corridor Local Plan, 2005: Housing Policy applies

Contrary to Development Plan: No

Consultations:

Representations: Three letters of representation from one neighbour received.

Newspaper Advertisement: Not Required

Recommendation: Approve Subject to the Following Conditions:-

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

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

2. That the facing materials to be used for the external walls and roof shall match in colour and texture those of the existing adjoining building, unless otherwise agreed in writing with the planning authority.

Reason: To safeguard the residential amenity of the area.

Background Papers:

Application form and plans received 2ndNovember 2007

Letters from Mr and Mrs C C S Dick, 16 First Avenue, Millerston, G33 6JP received 8'h November, 18'h and 31'' December 2007.

Northern Corridor Local Plan, 2005

Any person wishing to inspect these documents should contact Ms Jennifer Thomson at 01236 616473.

Date : 3rdJanuary 2008

23 APPLICATION NO. N/07/01775/FUL

REPORT

1. Description of Site and Proposal

1.I The application site is the rear garden of a 1.5 storey detached dwellinghouse at 18 First Avenue, Stepps. There is a previous single storey rear extension to the property and a detached garage is located at the end of the driveway. The garden is surrounded by a brick wall which is between 1 metre and 1.8 metres in height.

1.2 The application seeks consent for the construction of a rear extension measuring 6.1 metres in height, with a pitched roof in line with the existing roof ridge. The extension would provide a bedroom, bathroom, utility and sitting room on the ground floor and two bedrooms, en-suite bathroom and games room in the attic floor, The existing garage would be moved and relocated 40 metres from the road creating a long drive and parking bay which would provide sufficient parking for a 5 bedroom property.

2. Development Plan

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

2.2 In the Northern Corridor Local Plan 2005, the site lies within a defined residential area where policy HG3 (Residential Amenity) applies. This policy seeks to protect residential amenity from inappropriate developments.

3. Consultations and Remesentations

3.1 No consultations were required in this case.

3.2 Three letters of representation have been received from the neighbour at 16 First Avenue.

3.3 The letter received on 8'h November raises the following objections:-

0 Extension would curtail light to an artist's studio.

Comments: The room in question is north facing therefore will currently only receive direct sunlight in the late afternoon. Although it is accepted that north light is more important to an artist than sunlight, the proposed development will not significantly impact on the sunlight / daylight that is currently enjoyed at this location, and the appropriate B.S. tests have been carried out to verify this conclusion.

Extension is too large.

Comments: Sufficient rear garden ground would remain, 18 metres in length (approximately 204 square metres). The proposed extension is single storey with a pitched roof, following the original roof line. The development would be in keeping with the scale of the original building and would not be considered overdevelopment of the rear garden.

0 Extension will block light and outlook in rear garden.

Comments: The proposed extension is located north of the objector's property. The sunlight / daylight test has been carried out to assess the impact on the attic room / artist studio and due to the orientation of the building would not cause significant overshadowing. The view from the attic room of # 16 would be affected to some extent, but not so much as to justify a refusal of permission.

24 0 Extension is right up to boundary line, access would be required to carry out works.

Comments: Access to the site is not a planning matter and it is not uncommon for neighbours to deny access for construction works. The applicant will have to make alternative arrangements.

3.4 The letter of representation received on 18th December raises the following objections:-

0 We would be overwhelmed by the south facing elevation of # 18 and our privacy destroyed by windows in that elevation.

Comments: The impression of overbearance on the neighbouring property is a material consideration, however, the proposed extension is single storey and the windows in the south facing elevation are bathroom windows and would be of obscured glass, therefore would not have any significant impact on privacy.

North facing artist's studio will lost about 80% of daylight by the extension of the roof at # 18.

Comments: The relevant sunlight test is not applicable if the extension is north of the existing building. Additionally, as a result of the orientation of the buildings, the daylight test demonstrated that an acceptable level of light will still be available to the studio window.

4. Planning Assessment and Conclusions

4.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The proposed extension is not contrary to the Local Plan.

4.2 The design and scale of the extension are in keeping with the existing house and surrounding area and will create no significant adverse effects on neighbouring residents.

4.3 Having taken account of all relevant material considerations, and notwithstanding the concerns raised by the neighbouring proprietor of No 16 First Avenue and his unique circumstances vis-a- vis the artist's studio, it is recommended that planning permission be granted for a single storey rear extension at 18 First Avenue, Stepps.

4.4 Please note that the objector has requested that the Committee carry out a site visit before determining this planning application so that they can see the impact which this 'monstrious' development will have on his amenity. He also wishes that a hearing be held.

25 Application No: N/07/019OO/FUL

Date Registered: 28'h November 2007

Applicant: Mr and Mrs Curtis 12 Murray Avenue Kilsyt h G65 OBW

Agent Aros Design 5A Burnbank Terrace Kilsyth G65 OAE

Development: Alternations and Extension to a House and Garage

Location: 12 Murray Avenue Kilsyth G65 OBW Ward: 1 - Kilsyth : Councillors, Jones and Key

Grid Reference: 271 920,677577

File Reference: N/07/01900/FUL

Site History: 0 No recent history

Development Plan: Kilsyth Local Plan 1999: Housing Policies apply

Contrary to Development Plan: No

Consultations:

Representations: Two letters of representation from one neighbour received.

Newspaper Advertisement: Not Required

Recommendation: Approve Subject to the Following Conditions:-

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

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

Reason: To safeguard the residential amenity of the area.

26 .It faepresntatian

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

Reason: To define the use of the application site in the interests of the amenity of neighbouring properties.

Background Papers:

Application form and plans received 28th November 2007

Letters from Mr John B Martin received lothand 28th December 2007.

Kilsyth Local Plan 1999

Any person wishing to inspect these documents should contact Ms Jennifer Thomson at 01236 616473.

Date: 3rdJanuary 2008

28 APPLICATION NO. N/07/01900/FUL

REPORT

1. Description of Site and Proposal

1.1 The application site is the rear garden of a 2 storey detached dwellinghouse at 12 Murray Avenue, Kilsyth. There are no previous extensions to the property and a detached garage is located in the rear garden. The garden is surrounded by a 1 metre brick wall and 1.8 metre close boarded fence.

1.2 The application seeks consent for the construction of a rear extension with single and 1.5 storey elements and also a pitched roof addition to the existing garage. The single storey section would measure 20 square metres in area, 5 metres in height with a pitched roof and would form a dining room. The proposed 1.5 storey section would be 11 square metres in area and 6.5 metres in height forming a utility room with bathroom above. There are spaces for 3 cars to park within the curtilage of the dwellinghouse and no additional bedrooms have been proposed. Sufficient rear garden ground would remain.

1.3 The proposed garage amendment to the existing garage is the addition of a pitched roof to form an office. The building would be 5.5metres in height with 8 velux windows.

1.4 There have been no previous planning applications at this address.

2. Development Plan

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

2.2 In the Kilsyth Local Plan 1999, the site lies within a defined residential area where policy HG3 - HG5 (Residential Amenity) applies. This policy seeks to protect residential amenity from inappropriate developments.

3. Consultations and Representations

3.1 No consultations were required in this case.

3.2 One letter of representation has been received from the neighbour at 10 Murray Avenue. The objections raised are as follows:-

* The living room of # 10 is north facing and lets in very little natural light already. The new buildings will seriously reduce the light even further by casting even more shadow over the property. The proposed two storey building to the rear will also reduce light.

Comments: The room in question is north facing and currently only receives sunlight in the late afternoon. The proposed rear extensions to the dwellinghouse would not have a significant overshadowing effect due to their distance from # 10 (5 metres from the boundary) and the pitched roof design. The relevant B.S. tests have been carried out.

The garage at number 12 is already very close to the boundary wall and is an imposing structure, but will be even more so with another floor above it. The proposed second floor of garage would reduce window light drastically.

Comments: Although the proposed roof extension will increase the overshadowing of the rear window of 10 Murray Avenue, sufficient sunlight would still be available.

29 4. Plannina Assessment and Conclusions

4.2 The design and scale of the extensions are in keeping with the existing house and surrounding area and will create no significant adverse effects on neighbouring residents.

4.3 Having taken account of all relevant material considerations, and notwithstanding the concerns raised by the neighbouring proprietor No 10 Murray Avenue, it is recommended that planning permission be granted for a single and 1.5 storey rear extension and a roof extension to the existing garage respectively at 12 Murray Avenue.

4.4 Please note that the objector has requested that the Committee carry out a site visit before determining this planning application so that they can see the impact that the extension will have on the daylight received at his rear windows.

30 Application No:

Date Registered: 11th April 2007

Applicant: West Of Scotland Storage Ltd Camerson Street Coatbridge ML5 2EJ

Agent Peter Page Planning The Brae Monimail Road Letham Cupar Fife KY15 7RR

Development: Change of Use from Breakers Yard to Haulage Depot for Heavy Ve h icles

Location: 1 Cameron Street Greenh ill Coatbridge North Lanarkshire

Ward: 6 Coatbridge North and Glenboig Councillors Clark, McWilliams, Shields & Wilson

Grid Reference: 273825665765

File Reference: C/PL/CTC750001/I J/LR

Site History: 0 02/01451/FUL Use of Area of Open Space as Car Breakers Yard Refused 8'h May 2003 0 04/01431/AMD Amendment to Planning Permission for Car Breakers Yard (Operation of Mobile Crusher) to Allow the Crusher to be Used for a Total of Six Working Days Over Every Four Week Period Refused 18'h Nov. 2004 04/01443/FUL Erection of Buildinj for Decontamination of End-of-Life Vehicles Granted 18 Nov 2004

Development Plan: Glasgow and Clyde Valley Structure Plan 2000 Monklands District Local Plan 1991, Including Finalised First Alterations A, B & C September 1996 - Pokes ECON 2 and LR 713

Contrary to Development Plan: No

Consultations:

Representations: 2 letters of representation received.

Newspaper Advertisement: Advertised on 18'h November 2007

31 Planning Application No C/07100577/FUL Prn "adby NO" L.nahi.1 Bum -'lar ym-rr .) +irrp+r ai -,>, i 32 y f t nl*/l1 h Change of Use from Breakers Yard to Haulage Depot I >iF 6. 3 '"F 1 Cameron Street, Coatbridge N n * Representations Not to Scale

32 Recommendation: Approve Subject to the Following Conditions:-

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

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

2. That, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, the site shall be used as a Haulage Depot; and for no other purposes (including any other purpose in Class 6; of the Schedule to the Town and Country Planning (Use Classes) (Scotland) Order 1997).

Reason: To define the use of the land.

3. That the use of Burnbank Street by abnormal vehicles associated with the development hereby approved; shall be restricted to the periods between 8am - loam and 3.30pm - 6pm Monday to Sunday inclusive.

Reason: In the interests of traffic safety.

4. That BEFORE the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority.

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

5. That the permission hereby granted relates to a change of use only and, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no buildings or structures shall be erected on the site without the prior written approval of the Planning Authority.

Reason: To define the use of the land.

6. That BEFORE the development hereby permitted starts, a turning facility shall be provided within the curtilage of the site to allow vehicles to enter and leave the site in forward gear.

Reason: To enable vehicles to enter and leave the site in forward gear at all times.

7. That before the development hereby permitted is started, the vehicular access into the site from Cameron Street shall be formalised and this shall include the construction of a 10.5 metre radius junction leading to a 5.5 metre wide carriageway, a minimum of 10 metres in length and fully paved; and this access road shall include a passing place, details of which shall be submitted to, and approved in writing by the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects and to improve road safety at the junction.

33 Background Papers:

Application form and plans received 11th April 2007

Memo from Transportation received 20th November 2007 Memo from Protective Services Section received 6th November and 13'h December 2007

Letter from Moira Hannaway & Signatories, 53 Alexander Street, Dunbeth, Coatbridge, North Lanarkshire, ML5 3JL received 1st May 2007. Letter from Network Rail, Buchanan House, Glasgow, G4 OLQ, received 24'h April 2007

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

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

27 December 2007

34 APPLICATION NO. C1071005771FUL

REPORT

1. Description of Site and Proposal

1.1 The application site is located to the north east of Coatbridge Town Centre within a predominantly industrial area and until recently operated as a car breakers yard with access taken off Cameron Street, Coatbridge. The surrounding uses are predominantly industrial in nature with an established Transco operation directly to the north and an operational railway bounding the application site to the south. A large industrial type building is currently located within the site.

1.2 The proposal is the change of use of the site from a Breakers Yard to a Haulage Depot in association with the adjacent established West of Scotland Haulage operation. The operations will involve the repair and maintenance of vehicles and plant belonging to or being transported by the applicants company. Normal working hours will be 8am to 6pm although occasions may arise when work is required out-with those hours. At present the company’s haulage fleet consists of 11 HGVs with 2 fitters’ vans in support.

2. Development Plan

2.1 The application site is zoned ECON 2 Existing General Industrial Areas in the Monklands District Local Plan 1991. In these areas the Council supports:

a) The retention of a predominantly industrial character. b) Continuation of industrial use where existing industrial premises and or land in these areas are redeveloped, unless this is proved to be impractical due to poor ground stability, unsuitability of buildings, or if there are major benefits to the community from a change in use. c) The subdivision of vacant factories to provide premises for small firms, provided that parking, servicing and amenity standards can be adequately met. d) The operation of wholesale or distribution outlets but not retail outlets.

2.2 Policy LR7 (Develop Network of Long Distance Paths) states that:

The Council will protect former railway lines, canals and other routes from inappropriate developments and will construct a network of long distance paths, including: -

Ballochney Railway Path (Summerlee to Bo’ness: Airdrie to Longriggend Section)

3. Consultations and Remesentations

3.1 Following the standard neighbour notification procedures, one letter of objection (with 6 co- signatures) was received against this proposal. The relevant points of objection are as follows: a. The site is being used not only by heavy vehicles but also every type of vehicle including a car crusher and the site is being used on a 24 hour basis including early mornings when compressors are being switched on. b. There is a significant noise impact on the surrounding environs with compressors continually being used, engines continually running and incessant bleeping from haulage within the site throughout the day and night. c. Use of the site on a 24 hour 7 day a week basis would adversely affect the nearby residents’ amenity in terms of sleep disturbance and prohibiting residents from opening their windows for ventilation due to the smell that drifts towards resident’s gardens from the use of machinery and haulage. d. There are recorded incidences of fires within the existing applicant‘s depot and taken the

35 close proximity to the adjacent Gas Holding Tanks there is an ongoing safety risk of fire and collapse of cranes on site.

3.2 A letter was also received from Network Rail who did not object to the proposal subject to a number of issues relating to any works adjacent to operational railway land. That letter has been passed to the applicant to allow him to make direct contact with Network Rail.

3.3 The Transportation Section had initially objected to this proposal on the grounds that the current operations carried out by the applicant (West of Scotland Haulage) by abnormal vehicles are causing damage to existing signage on Burnbank Street and are having difficulties in negotiating the adjacent junctions with resultant disruption and delays to other traffic at the junctions. However, although the current proposal would potentially intensify the movement of vehicles on Burnbank Street and around those junctions the Transportation Section is satisfied that replacement of the damaged signage and a restriction in the times of usage of Burnbank Street by abnormal vehicles (outwith peak hours) would improve a situation that has existed at this local for some time. The pollution Control Section has undertaken a noise assessment of the site in response to concerns raised over noise levels and they have offered no objection to this proposal subject to agreed times of vehicle maintenance within the site.

4. Planninn Assessment and Conclusions

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

4.2 In terms of the development plan, the proposal does not meet the scale of significance (Schedule 9) for normal assessment against the Glasgow and the Clyde Valley Joint Structure Plan 2000 and therefore raises no strategic issues.

4.3 In terms of the Monklands District Local Plan 1991 the application site is located within a Policy ECON 2 which seeks to retain the predominantly industrial character of the area. The surrounding uses are all of an industrial nature and this proposal is sought as an extension to the applicant’s current established Haulage Depot operations on the adjacent site off Cameron Street. In policy terms the proposal is therefore seen as acceptable.

4.4 Planning Application (C/02/01451/FUL in retrospect) for the use of the application site for the storage of scrap cars, dismantling and sale of scrap parts and the crushing and removal of scrap vehicles was initially refused permission in April 2003. The reason for refusal was that the operation, by virtue of its large size and nature has a detrimental impact on the amenity of the surrounding residential area in terms of noise impact, visual intrusion and general environmental disturbance. Despite that decision the use of the site continued and after further complaints from local residents, primarily about noise, enforcement action was instigated in November 2003 by the Council in respect of the unauthorised use of land. By decision letter dated lgth May 2004 the Scottish Executive subsequently upheld the appeal against the Enforcement Notice and granted planning permission for the use of the site as a Car Breakers Yard. That decision letter concluded in par.23 of that “I consider that the only operation on the appeal site which would be liable to create intrusive noise would be the use of a mobile crusher for the disposal of the scrap vehicles”.

4.5 By planning permission C/04/01443/FUL a large industrial type building was subsequently erected along the northern boundary of the application site to facilitate the decontamination of end of life vehicles as required under recent End-of-Life (Storage and Treatment)(Scotland) Regulations 2003. The de-pollution operations to be carried out within that building were previously carried out in the open within the site, including the use of compressors, and the containment of those operations within an enclosed structure successfully lessened any reputed ambient noise emanating from the site.

36 4.6 As regards the points of objection raised I would offer the following comments: a. The applicant has confirmed that there is no car crusher present or proposed on site, a single compressor for tyre inflation does not run continuously and the only vehicles/plant present are directly associated with the haulage operations. As regards the vehicle noise within the site from bleepers during reversing manoeuvres the applicant has agreed with the Pollution Control section to turn off all bleepers while within the site compound. This would be monitored by the Pollution Control section should planning permission be granted. b. Through discussions with the Pollution Control Section the applicant has agreed to restrict vehicle maintenance times within the site in order to minimise all noise levels from vehiclelplant within the site. The Pollution Control section is also satisfied that the current noise levels are acceptable and there is no evidence of adverse smells emanating from machinery within the site. c. Asbabove. d. Matters relating to past problems outwith the application site are not relevant to this current submission.

4.7 The Transportation Section has advised of the current problems on the surrounding road network associated with the applicant's current haulage operations on the adjacent site off Cameron Street and any proposed intensification of those operations, as would result from the granting of this current application, would potentially result in increased road safety problems on Burnbank Street and the nearby junctions. However, taken that the applicants current operations have existed for a considerable number of years and they are not solely responsible for the damage to the signage on the public road, then, as the applicant has no control over the public road or surrounding junctions in terms of implementing possible upgrading, they cannot solely be held responsible for the current road safety problems. The Transportation Section is satisfied that repair to damaged signage and a time restriction on abnormal vehicles using Burnbank Street are the best available options and as such they have now offered no objection to this proposal.

4.8 Having regard to the foregoing then it is considered that taken on their own the points of objection raised do not merit the refusal of this planning application. The current difficulties on the surrounding road network, in part caused by the applicants existing operations are not sufficiently severe so as for the Transportation Section to recommend against this proposed extension. I therefore recommend that planning permission be granted subject to the stated conditions.

37 Application No: C/07/0 13 1O/FU L

Date Registered: 25th July 2007

Applicant: Gallery Homes Ltd Gallery House 39 Victoria Place A irdrie ML6 9BX

Development: Two and Three Storey Block of 17 Flats

Location: 257 - 263 Forrest Street Clarkston Airdrie North Lanarkshire

Ward: 07 Airdrie North Councillors Cameron, Coyle, McGuigan & Morgan

Grid Reference: 278332 665896

File Reference: C/PLAIF750002570/IJ/LR

Site History:

Development Plan: Glasgow and Clyde Valley Structure Plan 2000 Monklands District Local Plan 1991, Including Finalised First Alterations A, 6 & C September 1996 - Policy COM 5:Local Shopping Areas

Contrary to Development Plan: No

Consultations: SEPA (No response) Scottish Water (No objection) British Gas (No response) Scottish Power (No objection)

Representations: 4 letters of representation received.

Newspaper Advertisement: Not Required

38 Planning Application No C/07/01310/FUL PIICLU6T"/O"l mdhm B L11 Two and Three Storey Block of 17 Flats -. x 1Yrlx 7 I( /*1 .no "r -,.Ea A.CL B. .1 -I'*,* 257 - 263 Forrest Street Clarkston Airdrie %k Representations Site Area 0.16 HA

39 Recommendation: Approve Subject to the Following Conditions:-

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

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

2. That BEFORE the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority.

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

3. That the development hereby permitted shall be carried out in accordance with the approved amended details submitted as part of the application.

Reason: To define the permission.

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

5. That the SUDS compliant surface water drainage scheme approved in terms of Condition 4; shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant ClRlA Manual and the approved plans.

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

40 7. That any flood mitigation works identified in the Flood Risk Assessment, approved in terms of Condition 6; shall be implemented contemporaneously with the development in so far as is reasonably practical. Following the construction of all of the flood mitigation works, a certificate (signed by a Chartered Civil Engineer experienced in flood mitigation) shall be submitted to the Planning Authority confirming that the flood mitigation works have been constructed in accordance with the approved plans.

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

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

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

9. That any remediation works identified by the site investigation required in terms of Condition 8; shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a responsible Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

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

10. That a visibility splay of 2.5 metres by 90 metres, measured from the road channel, shall be provided from the site access to the right together with a visibility splay of 2.5 metres to the Connor StreeVA89 Forrest Street junction and before the development hereby permitted is occupied, 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: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings.

11. That before the development hereby permitted is occupied, a 2 metre 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 pedestrian safety.

12. That before the dwellinghouse hereby permitted is occupied, a 5.5 metre wide dropped kerb vehicular access shall be constructed in the position shown on the approved plans, in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority. Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings. 13. That BEFORE the development hereby permitted starts, a scheme of landscaping shall be submitted to, and approved in writing by the Planning Authority, and it shall include:-

41 (a) details of any earth moulding and hard landscaping, boundary treatment, 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) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site.

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

14. That all works included in the scheme of landscaping and planting, approved under the terms of condition 13 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.

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

15. That BEFORE the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of:-

(a) the proposed footpaths shown on the approved plans; (b) the proposed parking areas shown on the approved plans; (c) the proposed external lighting provided for the area(s) shown on the approved plans; (d) the proposed grassed, planted and landscaped areas shown on the approved plans; (e) the proposed fences to be erected along the boundaries shown on the approved plans.

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

16. That BEFORE completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 15 shall be in operation.

Reason: To define the permission.

Background Papers:

Application form and plans received 25th July 2007

Letter from Scottish Water received 11th September 2007 Letter from British Gas received 13th August 2007 Letter from Scottish Power received 17th August 2007

Memo from Local Plans Section received 28th August 2007 Memo from Transportation Section received 31st July 2007 Memo from Protective Services Section received 16th August 2007

Letter from Patrick and Simonetta McGrory, 3 Connor Street, Airdrie received 7th August 2007 Letter from Gayle Jeffrey, 5 Connor Street, Airdrie received 7th August 2007. Letter from Pauline Kirby, 9 Connor Street, Airdrie received 7th August 2007.

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

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

27 December 2007

43 APPLICATION NO. C/07/0131OlFUL

REPORT

1. Description of Site and Proposal

1.I The application site is located at the eastern edge of Airdrie and on the northern side of Forrest Street adjacent to its junction with Connor Street. The site previously accommodated a two storey building which operated as a public house on the ground floor and a licensed restaurant on the upper floor. In site parking was previously provided within the open eastern part of the site with vehicular access taken from Connor Street at the north west boundary of the application site.

1.2 Permission is being sought for the erection of a flatted residential development which would provide 17 individual flatted units with a mixed 2 and 3 storey "L" shaped building positioned around the Forrest StreetlConnor Street frontages of the site. The 2 storey element would be located at the eastern edge of the Forrest Street frontage adjacent to existing residential properties constructed to that same height, The new build would be a mix of 2 (14 of) and 1 (3 of) bedroom flats with pedestrian access to the building taken from the rear car park area and the eastern gable of the building on Forrest Street.

1.3 The proposed car park area would accommodate 29 dedicated parking spaces and would be located at the northern part of the site with improved access taken onto Connor Street via a dropped kerb arrangement. Landscaped areas would be provided throughout the site.

2. DeveloPment Plan

2.1 The site is covered by policy COM5: Local Shops in the Monklands District Local Plan 1991. The proposal raises no strategic issues.

3. Consultations and Representations

3.1 Following the statutory consultation process Scottish Water, SEPA and Scottish Power offered no objections to this proposal.

3.2 The Transportation Section has recommended against this application on the grounds of substandard junction spacing on Connor Street. They have however suggested specific conditions should planning permission be granted for this development. The Pollution Control Section has requested the submission of a Site Investigation Report.

3.3 Following the neighbour notification procedures 4 letters of representation were received against this proposal. The relevant points of objection are as follows: a. There is a potential for a shortfall in the required number of parking spaces within the development which may result in on-street parking on Connor Street. b. There will be a loss of view suffered by the existing houses on Connor Street by a development larger than the existing building on site. c. The development will overshadow the existing properties on Connor Street and restrict daylight to those properties. d. The will be a privacy conflict with living room windows on the new development overlooking windows on existing properties.

44 e. There is a bin store proposed at the entrance to the site which would be an eyesore.

4. Planning Assessment and Conclusions

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

4.2 In terms of the Monklands District Local Plan 1991 the site is located within an area covered by policy COM5 which is identified as a Local Shopping Area where the Council will support shopping and related uses (Classes 1 & 2). However, the site currently accommodates a use at odds with the Local Plan designation i.e. public house and the surrounding uses are predominantly residential in nature. As such, while the preferred use of the site would be Class 1 or Class 2 the most appropriate alternative use for this site would be residential in line with the adjacent land uses.

4.3 This proposal requires to be assessed against the appropriate Design Guidance on “New Housing Areas” and the “Developer’s Guide to Open Space”. While the comments of the Transportation Section are noted in respect of junction distances the improved existing site access proposals are considered acceptable as is the level of in site parking proposed. The design and external finish of the new build is traditional and complementary to other new building styles within the area. The height of the proposed structure, being a mix of 3 and 2 storey is considered acceptable at this specific location taken that the adjacent residential properties to the east are 2 storey while the residential properties bounding the site to the north are also 2 storey although set at a higher ground level. In respect of amenity space within the site the required level of 340 sq. metres (20 sq. metres per bedroom) is fully satisfied within the site.

4.4 As regards the points of objection raised my observations are as follows: a. The applicant has fully provided the required level of in-site parking provision for a development of this nature and size and no pedestrian access will be taken to the new build from the Connor Street frontage, thus negating any requirement for on street parking on Connor Street. b. It is an inevitable consequence of development that there sometimes a loss of outlook suffered by existing properties. However in this case the extent of frontage development along Connor Street is similar to the frontage of the building previously on site and while there shall be a slight increase in height of the new build along that same frontage this in itself shall not impact on the outlook of the existing properties on the west side of Connor Street. c. There shall be no adverse effect on the daylighting available to the properties on the west side of Connor Street by this development. d. The distance between the nearest habitable room windows on the new building (fronting Connor Street) and the habitable rooms on the existing properties on Connor Street is in excess of 23 metres and therefore there is no privacy conflict between the properties on Connor Street. e. The location of the bin store has been changed to take account of the concerns raised. The new location is considered acceptable.

4.5 Having regard to the foregoing it is considered that the proposed use is an acceptable alternative use to its Local Plan designation and is complementary to the surrounding predominantly residential uses. The design, layout and external treatment to the proposed new build is acceptable to this location and while the concerns of the Transportation Section are noted the

45 site access arrangements have existed for a considerable time and the required improvements, as specified by the Transportation Section, will benefit road safety at this location. The points of objection do not merit the refusal of this application and therefore I recommend the planning permission be granted subject to the stated conditions.

46 Application No: C/07/01591/REM

Date Registered: 20th September 2007

Applicant: C S Properties 7 Hogan Way Motherwell MLI 5TR

Agent J Kerr McDougall Ltd 13 Canyon Road Netherton Industrial Estate Wishaw ML2 OEG

Development: Flatted Development Comprising 16 Dwellings and Non- Compliance with Condition no. 12 of Planning Permission C/05/01934/0UT to Allow for Two and Half Storey Development

Location: Land East Of 19-26 Grantown Gardens Glenmavis Airdrie Lanarkshire

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

Grid Reference: 275942668223

File Reference: C/P L/GMG870000 1 9-2 7/SMI/LR

Site History: C/05/01934/OUT Residential Development (Two Storey Flats) (In Outline) granted 31st October 2006.

Development Plan: In terms of the Monklands District Local Plan 1991 the site is covered by policy LRI3/2 (Provide Village Nature Park). Contrary to Development Plan: No

Consultations: Scottish Water (no objection) Scotland Gas Network (no objection) Scottish Power (no objection) National Grid (no objection)

Representations: One letter of representation received.

Newspaper Advertisement: Not Required

Recommendation:Approve Subject to the Following Conditions:-

1. That the development hereby permitted shall be started no later than 30thOctober 201 1

Reason: To accord with the outline permission.

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

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

3. That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority.

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

4. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority and it shall include: - (a) Details of 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, and; (d) A timetable for the implementation of these works.

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

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

Reason: To ensure proper implementation of the landscaping scheme.

6. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of: - (a) The proposed footpaths; (b) The proposed parking areas; (c) The proposed grassed, planted and landscaped areas; and (d) Communal off street external lighting.

Reason: To ensure proper maintenance of the area.

7. That before the development is brought into use, the maintenance and management scheme approved under the terms of Condition (6) shall be in operation.

Reason: To ensure proper maintenance of the site.

8. That before the development hereby permitted starts, the applicant shall provide written

49 confirmation to the Planning Authority from Scottish Water that all the requirements of Scottish Water have been fully met, and shall demonstrate that the development will not have an impact on their assets, and that suitable infrastructure can be put in place to support the development.

Reason: To ensure the provision of satisfactory drainage arrangements.

9. That BEFORE the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to and for the approval of the said Authority. For the avoidance of doubt the drainage scheme must comply with the requirements of the publication titled 'Drainage Assessment : A Guide for Scotland' and any other advice subsequently published by the Scottish Environment Protection Agency (SEPA) or the Sustainable Urban Drainage Scottish Working Party (SU DSWP). The post-development surface water discharges shall ensure that the rate and quantity of run-off to any watercourse are no greater than the pre-development run-off for any storm return period unless it can be demonstrated that a higher discharge is necessary to protect or improve the aquatic habitat. SUDS shall still be provided even where discharges are proposed to public sewers notwithstanding any conditions imposed by Scottish Water.

10. That the SUDS compliant surface water drainage scheme approved in terms of Condition 9 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant ClRlA Manual and the approved plans.

11. That before the development hereby permitted starts, a desk top study 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 enable the Planning Authority to consider these aspects.

12. That any remediation works identified by the site investigation required in terms of Condition 11 above shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

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

13. That prior to any works commencing on site a plan detailing the vehicular access arrangements shall be submitted to the Planning Authority for its written approval. For the avoidance of doubt the revised plan shall show the vehicular access arrangements incorporating public road re- alignments and turning circle.

50 Reason: In order to ensure satisfactory vehicular access to the site.

14. That before the development hereby permitted commences details of the materials for the hard landscaping of the site shall be submitted to, and approved in writing by the Planning Authority.

Reason: To ensure appropriate materials are utilised for the purposes of SUDS and road safety.

15. That before any of the flats hereby permitted are brought into use, all parking and manoeuvring areas as shown on the approved plans shall be completed to the satisfaction of the Planning Authority.

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

16. That before the development hereby permitted is commenced, full details of the proposed bin stores shall be submitted to and approved in writing by the Planning Authority.

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

17. That before the occupation of the first flatted property in either block of the development hereby permitted, the bin stores associated with that block and approved under the terms of condition (16) above shall be built to the satisfaction of the Planning Authority.

Reason: To ensure the provision of adequate bin storage facilities.

18. That before any works commence on site, detailed plans shall be submitted to the Planning Authority showing both existing and proposed ground levels within the site, and the proposed levels shall be agreed in advance by the Planning Authority.

Reason: To ensure the submission of relevant information and to ensure that the proposed ground levels are properly integrated into the surrounding area and to ensure a safe and attractive development.

Background Papers:

Application form and plans received 20th September 2007 Monklands District Local Plan 1991 Glasgow and Clyde Valley Structure Plan 2000

Letter from British Gas received 25th October 2007 Letter from Scottish Power received 16th October 2007 Letter from National Grid received 31" October 2007 Letter from Scotland Gas Networks received 25'h October 2007 Letter from Scottish Water received 1gth October 2007

Memo from NLC Transportation received 25' October 2007 Memo from Head of Protective Services received 1!jth October 2007

Letter from N Owen, 26 Grantown Gardens, Glenmavis, Airdrie, ML6 ONF received 26th September 2007.

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

51 Date: 7'h January 2008

52 APPLICATION NO. C1071015911REM

REPORT

1. Description of Site and Proposal

1.1 Planning permission is being sought for the reserved matters for the construction of a Flatted Development Comprising 16 Dwellings and Non-Compliance with Condition no. 12 of Planning Permission C/05/01934/OUT to Allow for Two and Half Storey Development at Land East Of 19- 26 Grantown Gardens, Glenmavis. Outline permission was granted by committee on the 31st of October 2006 subject to condition 12 that the development hereby permitted shall be no greater than 2 storeys in height.

1.2 The application site is located to the east of Glenmavis immediately adjacent to an existing built up area. The site is bounded by existing private residential properties to the south and south- west, by open fields to the north and dense scrubland to the east and south-east. The site measures 0.3 hectares, is predominantly flat throughout, and overgrown. A large electricity pylon is located within the south-eastern part of the site.

1.3 The applicant proposes to erect a two and a half storey (10.2 metres in height) ‘L’ shaped building with a footprint of 518 sq.m to accommodate 16 flats within the site. The site will be accessed from Grantown Gardens forming a turning circle off which, two parking courts would be formed.

2. Development Plan

2.1 In terms of the Monklands District Local Plan 1991 the site is covered by policy LR13/2 (Provide Village Nature Park). As the application raises no strategic issues, it can be assessed in terms of the local plan policy.

3. Consultations and Representations

3.1 The Transportation Section initially objected to the proposal. However, following discussions with the applicant, revised plans were submitted and the Transportation Section have verbally advised that the proposed turning circle arrangement is now acceptable subject to minor alterations which could be addressed by a condition.

3.2 Protective Services commented that a comprehensive site investigation should be undertaken to assess any potential risks in terms of site contamination.

3.3 Scottish Water were consulted and they do not object to the proposal. However, they do advise that there may be pressure issues within the water network and that whilst Daldowie Waste Water Treatment Works has capacity there are known issues within the network.

3.4 Scottish Gas Network, Scottish Power and National Grid were consulted and have not objected to the proposal but each has advised of equipment in the vicinity.

3.5 Following standard neighbour notification procedures one letter of objection was received. The objections can be summarised as follows:

(i) A development of this size would increase the volume of traffic in Grantown Gardens putting the safety of children at risk. The traffic access/congestion problems would increase as would general traffic noise. The volume of construction traffic required for a development of this size would also be detrimental to road safety.

53 (ii) In recent year there has been a loss of electrical supply on several occasions, the reasons for which were never discovered. There is concern that a housing development of this size will reduce the reliability of the electrical supply. There is further concern over the water supply and sewerage system. Will this require massive upheaval of the road and pavements to upgrade the system? (iii) The development would have a damaging impact on the existing natural forest and wildlife in the area.

4. Planning Assessment and Conclusions

4.1 In terms of the adopted Monklands District Local Plan 1991 the application site is located within an area covered by policy LR13 where the Council would support the Central Scotland Countryside Trust (now Central Scotland Forest Trust) in the provision of a Village Park. The site is also located directly adjacent to an established residential area as covered by policy HG9 (Existing Residential Area) in the Local Plan. While the proposal is contrary to the development plan, the CSFT have confirmed that there are now no plans to take forward the Village Park proposal.

4.2 The principle of a flatted development on this site has been permitted in the previous outline permission granted by Committee. Therefore the details of the proposals require to be assessed under the appropriate design guidance.

4.3 The applicant proposes to construct an ‘L’ shaped building to the north of the site. The building would accommodate 16 flats. There was a condition restricting the height of the building to two storey on the outline consent, however, the applicant is now proposing 2 and a half storey sections within the building. The properties in the adjoining residential area are all two storey in height, however as the flats will not be immediately adjacent to the buildings the increase to 2 and a half storeys in sections is considered acceptable. The second floor will have a mixture of traditional style dormer windows and velux window to allow daylight into the upper flats.

4.4 Due to the positioning of the building within the site and the positioning of the windows there will be no adverse overlooking or privacy issues in relation to the existing residential properties.

4.5 The site is to be accessed by a turning circle with two un-adopted parking areas which would accommodate the required parking. Whilst the parking provision does not take the form of traditional parking courts they are considered acceptable in this case. The layout accommodates the required 165% parking provision.

4.6 The flats are predominantly made up of 2 bedroom flats with the exception of two 1 bedroom flats. The open space guidelines require 20sq.m of open space per bedroom and as such 600sq.m of open space requires to be provided. The layout plans provided show open space in excess of 600sq.m which does not include the parking areas or the area of the site underneath and around the pylon. This provision is acceptable.

4.7 The points raised in the letter of objection are addressed as follows:

(i) Whilst there will be an increase in vehicular movements to access the development, the principle of a flatted development at this location has been permitted by the previous outline permission. The development would provide a turning circle as part of the adopted road and would accommodate adequate parking provision for the flats. As with any new development construction traffic would be required however, this would be temporary and is not a material planning consideration. (ii) The utility companies were consulted and have offered no objections to the proposed development. As with any new development works to underground services may be required, however, this is not a material planning consideration.

54 (iii) The principle of developing this site has been permitted under the outline permission. An ecological survey was carried out as part of the outline application and found no protected species would be affected.

4.8 In conclusion, due consideration has been given to the points of representation raised, nevertheless no reason was found to uphold the objections. The proposal to construct 16 flats on the application site is considered to be acceptable, in keeping with the residential nature of the adjacent area and would not have a detrimental impact. The proposal is considered to accord with the principles of the development plan and relevant associated design guidance and is acceptable. It is therefore recommended that planning permission be granted subject to conditions.

55 Application No: C/07/01685/FUL

Date Registered: 19th October 2007

Applicant: Ms A Wiegand 35 Airdrie Road Hillend Caldercruix ML6 8PA

Agent Hastie Weir 20 Sutherland Drive Ai rdrie ML6 9RP

Development: Erection of Dwellinghouse

Location : 35 Airdrie Road Caldercru ix North Lanarkshire

Ward: 07 Airdrie North Councillors Cameron, Coyle, McGuigan & Morgan

Grid Reference: 282711667331

File Reference: C/PL/CCA240/1J/LR

Site History: 05/0151 8/OUT Erection of Temporary Resident\$ Accommodation and Dog-Boarding Kennels (outline) Granted 20 Dec. 2005 06/00372/REM Erection of Temporary Residential Accommodation and Dog Boarding Kennels Granted gthMay 2006

Development Plan: Glasgow and Clyde Valley Structure Plan 2000 Monklands District Local Plan 1991, Including Finalised First Alterations A, B & C September 1996 - Policies GB2: Restrict Development in Countryside Around Towns and LI1/1: Landscape Improvements

Contrary to Development Plan: No

Consultations: British Gas (Noobjections) Scottish Power (No objections)

Representations: No letters of representation received.

Newspaper Advertisement: Not Required

56 Planning Application No C/07/01685/FUL

Erection of Dwellinghouse 35 Airdrie Road Caldercruix A Not to Scale

57 Recommendation:Approve Subject to the Following Conditions:-

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

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

2. That within one month of the occupation of the dwellinghouse hereby approved, the existing residential caravan shall be permanently removed from the application site.

Reason: To define the permission.

3. Prior to the occupation of the development hereby approved; the access from Airdrie Road to the site shall be completed and for the avoidance of doubt shall be a 5.5 metre wide roadway incorporating 6 metre radii kerbs, all 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

4. Prior to the occupation of the development hereby approved; the access to the site shall be completed and for the avoidance of doubt that access shall be 5.5 metres wide, shall include a 2 metre wide footpath on one side of the access to Airdrie Road and shall be paved for the first 10 metres.

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

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

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

6. That any remediation works identified by the site investigation required in terms of Condition 5; shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a responsible Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

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

NOTE(S) TO COMMITTEE: If granted, the planning permission will not be issued until an Agreement under Section 75 of the Town and Country Planning (Scotland) Act 1997 has been concluded with the applicant in respect of a restriction of the occupation of the dwellinghouse to a person or persons employed in connection with the Boarding Kennels.

58 Background Papers:

Application form and plans received 19th October 2007

Letter from British Gas received 19th November 2007 Letter from Scottish Power received 14th November 2007

Memo from Transportation received 6th December 2007 Memo from Protective Services Section received 7th November 2007

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

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

27" December 2007

59 APPLl CAT10N NO. C/07/01685/FUL

REPORT

1. Descrbtion of Site and Proposal

1.1 The application site measures 0.42 hectares and is located to the north of Airdrie Road and east of the nearest settlement of Caldercruix. The site previously formed part of a larger open area of relatively flat, overgrown land that has since been developed through a recent planning permission (C/06/00372/REM) as a Boarding Kennel operation. The site is bounded to the north by a disused railway line that currently forms part of the Airdrie to Bathgate Cycle Route, to the south by existing properties including the “Owl and Trout” public house, to the east by fields and to the west by a track that serves the nearby Boating Club.

1.2 The application site currently accommodates a pitched roof structure along the northern boundary which measures 11 metres (wide) by 21.115 metres (long) by 4 metres (high) and which is laid out to provide an Office/Reception Area, Kitchen, Grooming Area, Quarantine Area, Toilet, GaragelStorage Area and 14 individual kennels with sleepinglexternal run areas. A hardstanding area has been laid out within the site together with parking areas and 1andscaping.A temporary residential caravan is currently located within the site. Boundary treatment takes the form of post and wire fencing.

1.3 The proposal is for the erection of a permanent residential dwellinghouse in the site to replace the temporary caravan for use solely in association with the established Boarding Kennel operation. The dwellinghouse would be one and a half storey in height (7.6 metres high) with traditional pitched roof construction and externally finished in rendedfeature stonework with concrete roof tiles and would incorporate dormers (4 of) in the roof area. Internally the new build would1 accommodate a Lounge, Kitchen, Dining Room, Utility Room, Office and 4 bedrooms. The existing temporary caravan would be removed from site should planning permission be granted for the dwellinghouse.

2. Development Plan

2.1 The site is covered by policies GB2: Restrict Development in Countryside Around Towns and Lllll: Landscape Improvements in the Monklands District Local Plan 1991. The proposal raises no strategic issues.

3. Consultations and Representations

3.1 Scottish Power and Scottish Gas offered no objection to this proposal.

3.2 The Transportation Section has objected to this proposal due to substandard visibility splays at the junction with the A89 Airdrie Road. The Pollution Control Section has requested a Site Investigation Survey.

3.3 Following the neighbour notification procedures no objections were received in respect of this proposal.

4. Planninn Assessment and Conclusions

4.1 Applications of this nature require to be assessed in terms of their appropriateness and compliance with both National Guidelines and Local Plan policy on the Green Belt. National Green Belt guidance, as contained within Circular 24/1985, presumes against any intrusion into the designated green belt and reinforces the purpose of the green belt which includes

60 establishing a clear definition of settlement boundaries, preventing coalescence, providing for recreation and maintaining the landscape setting of towns.

4.2 The Monklands District Local Plan 1991, under Policy GB2, presumes against isolated developments in the “Countryside around Towns” which shall not generally accord with the Local Plan unless there is a specific locational need. Proposals for development within the area shall require to be justified against the following criteria i.e. economic benefit, specific locational need, infrastructure implications and environmental impact. With regard to compliance with the thrust of the Development Plans boarding kennel operations serve little economic benefit. However that use can be seen as justifiable under the specific locational needs criterion of both the Structure Plan and the Local Plan as a use requiring a rural location. In terms of infrastructure implications boarding kennels have a significant impact in so far as they would not create any capacity problems and environmental impact is also considered minimal given the limited scale and nature of the use. Having regard to the foregoing boarding kennels satisfy the terms of the Development Plan.

4.3 The current applicant, Mr Wiegand, has centred his boarding kennel activities on the application site as a result of planning permission C/06/00372/REM. A Business Plan submitted in support of that planning application stated that the site would be developed as a boarding kennel facility involving the creation of 16 custom built boarding facilities for up to 20 dogs and at a later date to have 2 to 3 horses/ponies at grass on the remaining ground. The main justification for this proposal was based on specific locational need and as there was currently no residential presence on the land the applicant considers that “for animal welfarelsafety reasons it was essential that persons are available on site continually. While the applicant had initially proposed a permanent dwellinghouse on site and was agreeable to enter into a Section 75 Agreement with the Council to tie the usage of that new residential unit to a person associated with the dog kennelling operations he subsequently accepted that the Council would only accept a temporary residential presence on site pending the establishment of the business operations.

4.4 The Boarding Kennel operation is now fully established and the applicant is seeking a permanent dwellinghouse to replace the existing temporary caravan on site. A business appraisal and a 5 year plan has been submitted by the applicant in support of this application and based on that information the Head of Finance considers the Boarding Kennels to be a viable business operation. On that basis the presence of a permanent residential presence is seen as justifiable subject to the dwelling being tied into the ongoing business through a Section 75 Agreement as is agreeable to the applicant.

4.5 In terms of site layout the Boarding Kennel operation has been set out in an organised manner and the proposed dwellinghouse, being one and a half storey in height will complement the other structures within the site. No objections have been received against this proposal and while the Transportation Section’s comments are noted the business currently exists on site without any recorded incidences of road safety problems at the Airdrie Road junction and the proposed dwelling will simply replace a temporary residential presence (caravan). As such there will be no intensification of use within the site. It is therefore recommended that planning permission be granted subject to conditions and to the applicant entering into a Section 75 Agreement to restrict the future use of the residential property to persons associated with the Boarding Kennels.

61 Application No: C/07/01710/FUL

Date Registered: 1st November 2007

Applicant: Ms Samanda Notarangelo 15 Dumyat Drive Falkirk FKI 5PD

Agent ELD Solutions 32 Victoria Street Billinghay Lincoln LN4 4HQ

Development: Change of Use from Class 1 (Travel Agent) to Class 2 (Estate Agents)

Location: 1 Anderson Street Town Centre Airdrie North Lanarkshire ML6 QAA

Ward: 8 Airdrie Central Councillors Devine, Logue and Stocks

Grid Reference: 276100665503

File Reference: C/PL/AIA525001OOOMlSlLR

Site History: 0 99/00301/ADV Installation Of Internally Illuminated Fascia Sign And Internally Illuminated Projecting Box Sign (Granted) 0 07/01901/ADV Installation of Externally Illuminated Fascia Sign (Pending)

Development Plan: Glasgow and Clyde Valley Structure Plan 2000 Monklands District Local Plan 1991, Including Finalised First Alterations A, B & C September 1996 The site is located within an area covered by Policy COM 3 (Maintain Retail Core Areas) in the Monklands District Local Plan 1991.

Contrary to Development Plan: Yes

Consultations:

Representations: No letters of representation received.

Newspaper Advertisement: Advertised on 14th November 2007

62 Planning Application No. C/07/0171O/FUL

Chanae of Use from Class 1 (Travel Agent)

63 Recommendation: Approve Subject to the Following Conditions:.

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

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

2. That the permission hereby granted relates to a change of use only.

Reason: To define the permission.

Background Papers:

Application form and plans received 17th October 2007

Memo from Transportation Section received 6'h December 2007

Memo from Local Plans Section received 17th December 2007

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

Any person wishing to inspect these documents should contact Mr William Shand at 01236 812231.

Date: 19 December 2007

64 APPLICATION NO. C/07/01710/FUL

REPORT

1. Description of Site and Proposal

1.1 The application is for the change of use from a Class 1 Travel Agents to a Class 2 Estate Agents at 1 Anderson Street, Airdrie. The property is a ground floor commercial unit found within Airdrie town centre and falls within the Victoria and Town Centre Conservation Area. The unit is located within an area defined as COM 3 (Maintain Retail Core) in the Adopted Monklands Local Plan 1991. The property is adjoined to the west by a restaurant and to the east by the Clydesdale Bank. The buildings most recent use was for a Travel Agent however the unit itself has lay unused for some time.

1.2 The applicant proposes to use the unit as an Estate Agent (Class 2) which requires a change of use application from a Travel Agent (Class 1). The applicant does not propose to make any structural alterations to the externals of the building but has a separate application for advertisement consent to replace the fascia sign on the unit.

2. DeveloDment Plan

2.1 The relevant development plan is the approved Glasgow and Clyde Valley Joint Structure Plan 2000 and the Adopted Monklands District Local Plan 1991.

2.2 The proposed change of use does not have any strategic importance and therefore would not be assessed against the criteria of the Structure Plan.

2.3 The unit is located within an area designated as COM 3 (Maintain Retail Cores) in the adopted Monklands Local Plan 1991. The unit is also located within the Victoria and Town Centre Conservation Area (ENV 1513).

3. Consultations and Representations

3.1 The Transportation Section was consulted and had no objections to the proposal.

3.2 Following the standard public notice and neighbour notification procedure no letters of representation were received.

4. Planninn Assessment and Conclusions

4.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that the application be determined in accordance with the development plan, unless material considerations indicate otherwise.

4.2 It is considered that the application for a change of use from a Class 1 (Travel Agents) to Class 2 (Estate Agents) is contrary to the development plan. Policy COM 3 states that the Planning Authority should resist any change away from Class 1 uses in this area and also should promote changes to Class 1 uses. Thereby this application would be seen to be moving away from a Class 1 use, which according to the local plan should be resisted. It is felt however that there are material considerations that would outweigh the policy restrictions in this instance.

4.3 Firstly, although a retail core is being promoted in this area, there are very few class 1 units found on Anderson Street. Anderson Street lies to the edge of the COM 3 policy zone in the Airdrie Town Centre which means that there is no predominant use class in this area. The two adjoining buildings to 1 Anderson Street are a bank (Class 2) and a restaurant (Class 3).

65 Therefore, it would seem that the Local Plan policy no longer reflects the current uses in this area. This is expressed in the First Alteration C(iii) to the Local Plan which was approved in 1995 acknowledged that the original policy was unachievable and promoted a less rigid policy of enhancing the retail core. This was reinforced with a more realistic target being suggested of a minimum of 80% of the area being retained for retail purposes thereby allowing other use classes to be mixed into the COM 3 policy area, but retaining an emphasis for the promotion of Class 1 use.

4.4 Secondly, the difficulty of maintaining the aim of the policy is reinforced in the fact that this particular unit has been vacant for sometime. It would seem it has proven difficult to attract class 1 uses to this particular location, which is evident by the fact that the predominant use of buildings on the street is not for retail purposes. This suggests that this location is not attractive to potential retailers and therefore it may be some time before a prospective retail tenant may be found for this unit. Vacant units have the potential to harm the vitality and viability of town centres. Although retail units should be promoted in the town centre, particularly in the core, this should not be at a detriment to the vitality and viability of the town centres as described in PAN 59. PAN 59 (Improving Town Centres) states that there is a need for a variety of shops and services within the town centre and therefore to improve the health of the town centre requires that vacant units are avoided and that a variety of uses are provided.

4.5 Thirdly, an estate agent should not damage the integrity of the retail core. Originally the shop was a travel agents which has a similar customer turnover to that of an estate agent. Also an estate agent principally looks to sell a service to a customer without there being a specific material product which is not dissimilar to travel agents whom sell flights and holidays which are not material products. Thereby it could be argued that an estate agent would not be a detrimental class 2 use in a retail core area as much of the features of an estate agents are similar to that of some retail shops.

4.6 In conclusion, having regard to the foregoing, the proposal is considered to be acceptable as in this instance the material considerations of the application outweigh the adopted development plan policy for this area. It is felt that refusing the change of use from a class 1 unit to a class 2 unit in order to preserve the retail core would be detrimental to the area. The street of which the applicants property is found already does not retain a predominant class 1 use and the retention of a vacant unit in the hope of attracting a retail tenant would be detrimental to the vitality and viability of the town centre as a whole. It is also felt that an estate agent would not be a detrimental class 2 use for a retail core as their aim is to sell a service to customers. It is therefore recommended that the application be granted subject to conditions.

66 Application No: S/07/00788/FUL

Date Registered: 8th June 2006

Applicant: Highline Construction 6 Lawn Park M ilngavie Glasgow G6Z 6HG

Agent D Stewart Toy RlBA 29A High Street Lanark MLll 7LU

Development: Erection of 16 Semi-Detached Dwellinghouses and 6 Flatted Dwellings

Location: Land At Sunnybank Benhar Road Shotts

Ward: 12 Fortissat: Councillors Cefferty, McMillan and Robertson

Grid Reference: 287968660426

File Reference: S/PL/B/I 7/40(97)/EM/GF

Site History: S/06100996/FUL Erection of 16 Semi-Detached Dwellinghouses and 6 Flatted Dwellings withdrawn 5th February 2007

Development Plan: The site is zoned as Existing Housing Area in the adopted Shotts Local Plan 1982

The site is covered by Policy IND 8 (Established Industrial and Business Areas) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005)

Contrary to Development Plan: Yes

Consultations: NLC Education (No Objection) Scottish Natural Heritage (No Objection) Scottish Environment Protection Agency (Objection) Scottish Water (No Objection)

Representations: Four Letters of Representation

Newspaper Advertisement Advertised on 14th June 2006

67 68 Recommendation: Approve Subject to the Following Conditions:-

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

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

2. That before the development hereby permitted starts, full details of all external materials to be used in construction, including light render for the walls, dark grey roof tiles/slates for the roofs, windows, doors, gutters and downpipes, shall be submitted to, and approved in writing by the Planning Authority.

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

4. That before the residential development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) a detailed schedule of all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site. (d) details of any tree removal and tree protection measures to be employed during the development of the site.

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

5. That before the residential development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of:- (a) the proposed parking areas shown on the approved plans; (b) the proposed external lighting to be provided for the flatted blocks and parking area; (c) the proposed grassed, planted and landscaped areas agreed under the terms of condition 4 above; (4 the proposed fences to be erected as agreed under the terms of conditions 3, 20 and 21; and (e) the proposed SUDS drainage scheme outlined in conditions 12, 13 and 14 Reason: To enable the Planning Authority to consider these aspects in detail.

6. That before the occupation of the last dwelling/flat 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 4 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the occupation of the last dwelling/flat within the development, shall be replaced within the following year with others of a similar size and species.

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

69 7. That before the occupation of the first dwelling/flat within the development hereby permitted, the management and maintenance scheme approved under the terms of condition 5 shall be in operation.

Reason: To ensure ongoing maintenance in the interest of traffic safety and amenity.

8. That before the occupation of the first dwellinglflat within the development hereby permitted is occupied all the access, 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 access, parking and manoeuvring areas.

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

9. That no dwellinglflat within the development site shall be occupied until the access improvements shown on the approved plans are completed to the satisfaction of the Planning Authority.

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

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

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

11. That any remediation works identified by the site investigation report required in terms of Condition 10 above shall be carried out to the satisfaction of the Planning Authority prior to the first occupation of the dwellinghouses hereby approved. A certificate (signed by a chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

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

12. That BEFORE the developement hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to and for the approval of the said Authority. For the avoidance of doubt the drainage scheme must comply with the requirements of the publication titled 'Drainage Assessment : A Guide for Scotlandi and any other advice subsequently published by the Scottish Environment Protection Agency (SEPA) or the Sustainable Urban Drainage Scottish Working Party (SUDSWP). The post-development surface water discharges shall ensure that the rate and quantity of run-off to any watercourse are no greater than the pre-development run-off for any storm return period unless it can be demonstrated that a higher discharge is necessary to protect or improve the aquatic habitat. SUDS shall still be provided even where discharges are proposed to public sewers notwithstanding any conditions imposed by Scottish Water. If the area of ground illustrated on the drawing is inadequate for the purpose, a revised layout drawing for the proposed development shall be submitted to and for the approval of the Planning Authority prior to any works of any description being commenced on the application site, unless otherwise agreed in writing with the said Authority.

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

13. That the SUDS compliant surface water drainage scheme approved in terms of Condition 12 shall be implemented contemporaneously with the development in so far as is reasonably practical and shall be completed before the last house/flat within the development hereby permitted is occupied. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant ClRlA Manual and the approved plans.

14. That notwithstanding conditions 12 and 13 above, and before the start of development on site. The applicant shall provide written confirmation:

a) From Scottish Water that the appropriate wastewater treatment works has the capacity to satisfactorily process waste from the site and that approval has been given for a connection to their infrastructure. b) From SEPA that they will accept untreated surface water into the watercourse.

Reason: To ensure satisfactory wastewater drainage from the site.

15. That before the development hereby permitted is commenced, full details of the proposed bin stores for the flatted dwellings shall be submitted to and approved in writing by the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects

16. That before the occupation of the first flatted property in either block of the development hereby permitted, the bin stores associated with that block and approved under the terms of condition 15 above shall be built to the satisfaction of the Planning Authority.

Reason: To ensure the provision of adequate bin storage facilities.

17. That notwithstanding the plans hereby approved and before the development hereby permitted starts, further details regarding the treatment of the gable at No. 97 Benhar Road shall be submitted to and approved in writing by the Planning Authority.

Reason: In the interests of residential amenity.

18. That within 4 months of the demolition of the existing buildings within the site or before the first dwellinghouse within the site is occupied, whichever is the sooner, the gable works at No. 97 Benhar Road outlined in condition (17) above, shall be completed to the satisfaction of the Planning Authority.

Reason: In the interests of the residential amenity of the residents at No. 97 Benhar Road and to ensure an adequate treatment to the gable.

19. That notwithstanding the requirements of condition (3) above, and before the development hereby permitted starts details of a feature wall/railings shaded blue adjacent to Benhar Road shall be submitted to and approved by the Planning Authority.

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

20. That before the last dwellinghouselflat within the site is occupied the feature wall/ railings approved under the terms of condition (19) above shall be completed to the satisfaction of the Planning Authority.

Reason: In the interests of the visual amenity of the site

21. Notwithstanding the plans hereby approved, and before the start of development on site, an updated Protected Species Survey shall be submitted to and approved in writing by the Planning Authority and confirmation in writing from a suitably qualified ecologist shall be provided that any required mitigation has been carried out.

Reason: In the interests of the protection of any species which may be present within the site.

22. That before the development hereby permitted starts, full existing and proposed cross sections and site levels shall be submitted to, and approved in writing by the Planning Authority. Thereafter the development shall be constructed in accordance with the plans approved under the terms of this condition unless otherwise agreed in writing beforehand by the Planning Authority.

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

23. Notwithstanding the plans hereby approved, and before the start of development on site, an amended road layout shall be submitted to and approved in writing by the Planning Authority prior to the commencement of development on site.

Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings and to enable the Planning Authority to consider these aspects in detail.

Background Papers:

Apflication form and plans received 8th June 2006; letters and amended plans received 13'h July 2006, 15' November; 17'h November 2006; 17'h September 2007 and Protected Species Survey received 4'h December 2006

Memo from Local Plans Section received 2"' August 2006 and 14'h June 2007 Memo from Traffic and Transportation Team Leader received 14'h August 2006 and letter received 4'h October 2007 Memos from Geotechnical Team Leader received 16'h January 2007, 23" June 2007 and 5'h October 2007 Memo from Head of Protective Services received 2gthJune 2006 and 18thJuly 2007 Email from Landscape Services (Ecologist) received 4'h October 2007 Memo from Education received 1gth June 2007 Letter from Scottish Natural Heritage received 21" December 2006 and 15'h May 2007 Letter from Scottish Environment Protection Agency received 24" July 2007 Letter from Scottish Water received 4'h December 2006 and 5'h July 2007

Letter from Mr Watters, 4 Sunnybank, Benhar Road, Shotts, ML7 5EP received 21" May 2007 Letter from Mr Allan Watt, 107 Benhar Road, Shotts, ML7 5EP received 30thMay 2007

72 Letters from Mr Brian Gardiner, 109 Benhar Road, Shotts, ML7 5EP received 30thMay 2007 and 22"d June 2007

Shotts Local Plan 1982 Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005)

Any person wishing to inspect these documents should contact Mr Edward Mclennaghan at 01698 302137.

Date: 31 December 2007

73 APPLICATION NO.S106/009961FUL

REPORT

1. Description of Site and Proposal

1.1 Planning permission is sought for a residential development at land to the south of Sunnybank, Shotts. The application site is 0.67 Hectares and comprises of a number of single and two- storey industrial buildings, a number of which are still currently occupied. The site is bounded by Sunnybank (a private road) to the north, a railway line to the south, open grassland to the west, Benhar Road to the east and residential properties to the north east. Access to the application site is taken from Sunnybank. It should be noted that two cottage Style dwellinghouses, No.’s 3 and 5 Sunnybank previously occupied the north west part of the site. However the dwellings were demolished a number of years ago due to their poor condition. Additionally, there are a number of trees located to the south of the site and a small watercourse along the western boundary.

1.2 The applicant proposes to demolish all industrial buildings located within the application site and construct 16 two-storey semi-detached dwellinghouses and 6 flatted dwellings. The flatted dwellings will be located within 2 two-storey blocks. One block will comprise of 4 flats and 2 flats are proposed within the second block. All dwellinghouses will be served by a main access from Sunnybank. A shared driveway leading from the main access will serve the flatted dwellings. Parking provision for the flats will be provided in the form of a courtyard with 15 parking spaces. It is also proposed to make junction improvements at the entrance of the site with Benhar Road.

1.3 This application was previously continued for a site visit and hearing, however, the party requesting this has since withdrawn their objections.

2. Development Plan

2.1 The site is zoned as an Established Housing Area in the adopted Shotts Local Plan 1982.

2.2 The site is covered by Policy IND 8 (Established Industrial and Business Areas) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005).

3. Consultations and Representations

3.1 My Transportation Section has no objections to the proposed development subject to the submission of an amended road layout.

3.2 Protective Services Section have commented that a site investigation survey and noise and vibration impact assessment should be submitted. Following the submission of the noise and vibration survey Protective Services have raised no objections.

3.3 My Geotechnical Section have commented that there have been no reported incidences of flooding within the application site. They had requested that a SUDS based drainage strategy is submitted and such a scheme has now been submitted. Geotechnical have confirmed that this satisfactorily addresses most of the drainage issues, but that, in the event of approval of this application, full details of the drainage proposals together with written clarification from both Scottish Water and SEPA and any mitigation should be required by appropriate planning condition.

74 3.4 Landscape Services (Landscaping Section) accept that the proposed two storey dwellings would be no more visually intrusive than the existing buildings. They have raised concerns regarding the number of trees that would be felled within the application site and have requested plans showing the extent of the tree felling works.

3.5 Landscape Services (Conservation and Greening Section) have no objections to the development subject to conditions regarding the submission of a Protected Species Survey, landscaping with species native to or of a local origin and creation of a wildlife habitat.

3.6 The Education Department has offered no objections to the proposed development, as there is sufficient accommodation within the local schools.

3.7 Scottish Natural Heritage (SNH) reserved its position until a Protected Species Survey (Bats and Badgers) was submitted. Following the submission of this survey, they have no objections to the proposal.

3.8 SEPA objected to this proposal in that there is a minimal remaining capacity at the receiving sewage treatment works, and had associated concerns that there may be an increase in the discharge of pollutants to the South Calder Water and the watercourse on the western boundary of the application site. However, Scottish Water has no objections to the development and state that the sewer network assets have adequate capacity to accommodate this development. Both Scottish Water and SEPA have also recommended that a SUDS based surface water drainage scheme is installed.

3.9 Following the neighbour notification procedure and press advertisement, four letters of objection have been received in relation to this application. Four letters of representation from a further party have been withdrawn since the application was previously continued for a site visit and hearing. The grounds of the representations are as follows:

a) The objector owns No. 97 Benhar Road and this property adjoins an existing industrial building which is located within the application site. The objector has raised concerns that the gable wall of their property will be adversely affected following the demolition of the adjoining building. b) There will be an increase in traffic and this will be to the detriment of road and pedestrian safety, particularly as Benhar Road is already a busy route. The objector considers that Sunnybank is unsuitable as an access as it is a very narrow road with a footpath on only one side. Also there will be cars parked on either side which will significantly affect pedestrian safety. c) The proposed site layout shows road infrastructure improvements at the junction of Sunnybank and Benhar Road, which includes the widening of the public footway along Benhar Road. There are traffic lights located 50 metres to the south of this junction on Benhar Road. The traffic signals are in place to allow single lane traffic to cross the railway bridge and the objector notes the road narrowing at this location and considers that the widening of the footway will exacerbate existing traffic problems. d) The owners of No. 4 Sunnybank have concerns regarding the height of the proposed dwellings to be located directly across from their dwellings. They state that the proposed two storey dwellings is 8.4m in height and will tower over No. 2 and No. 4 compromising privacy both in the house and garden. Furthermore the proposed dwellings will have a detrimental effect on the view and light received by the properties.

4. Planning Assessment and Conclusions

4.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The development is not of strategic significance and requires

75 to be assessed against local plan policies. The most current expression of policy is contained in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005).

4.2 In the draft local plan the site is covered by Policy IND 8 (Established Industrial and Business Areas). This policy seeks to retain the existing character of Established Industrial and Business Areas by safeguarding existing uses and supporting the development of general industrial, distribution, storage or Class 4 Business Uses where appropriate. The application site is currently occupied by a number of vacant and derelict industrial buildings. While a majority of the buildings are in poor condition, some of the units are still occupied by small businesses. The applicant has submitted supporting information regarding the viability or lack thereof of the sites continuing use for industrial purposes. The information submitted indicates that there is a lack of interest in the site for industrial purposes. This is considered in further detail in relation to policy INDlO below. The proposal is contrary to policy IND8 as it involves the loss of such a site to an alternative use.

4.3 Policy IND 10 (Assessing Other Developments on Industrial and Business Land) is relevant and this policy lists the following criteria which must be assessed: 1) the extent of any surplus in industrial and business land supply; 2) whether the attractiveness of the location for industry or business would be undermined; 3) whether there is a specific locational need for the proposal; 4) any significant economic benefit; 5) the existence of suitable alternative sites; 6) impact on travel patterns and public transport accessibility; 7) and whether redevelopment would re-use vacant or under-utilised industrial land. In response to a request for supporting information on the supply and demand for industrial and business land in the area, and on the marketing history of the current site, the applicants have responded by submitting supporting information which has indicated that the site is no longer suitable for industrial purposes and that there is little interest in the site for redevelopment for industrial uses. They consider that the demand for industrial leases for the current buildings is virtually non-existent as the buildings are dilapidated. The applicants have also noted that the current owners are soon to retire, they do not wish to invest into an industrial site in this location and have indicated that the cost of upgrading the existing buildings would not be viable in order to continue with the present industrial use. They consider the site unsuitable for industrial use, with residential properties on two sides, through which the access runs. It is conceded that part of the problem with the site is its generally poor condition and state of disrepair which is the responsibility of the applicant. However, It is accepted that the applicant has provided sufficient justification in terms of criteria 1. Although the development would result in the loss of a site zoned for business and industry it is considered that this particular site is not well located for industrial use given that it is surrounded by residential properties and the access to the site is poor. It is considered that in this particular case that the redevelopment of the site for industrial purposes is not appropriate and that the re-use of the site for a small scale housing development would be preferable. It is considered that in general terms the development would not undermine the attractiveness of the wider area for business and industry. The development proposed would remove derelict buildings and result in the improved appearance of this site within the general area. In terms of a specific locational requirement for the development although it has not been demonstrated that there is a lack of supply for housing in this area, as indicated above the proposed use is more compatible with its surroundings than the existing use of the site. Therefore as indicated above the site would result in the re-use of underutilised industrial land and it is considered that a case can be made to justify the development against policy IND10.

4.4 Policy HSG 10 (Assessing Applications for Housing Development) is also a material consideration in the determination of this application. This local plan policy requires the following matters to be taken into consideration: the impact on the existing built and natural environment; design, density, layout and mix of housing; provision of landscaping, screening and open space; the environmental condition of the site; and provision made for roads, access and parking. The removal of the semi derelict buildings would improve the character and amenity of the area. Although the proposed development will entail the loss of some trees along the southern boundary that act as a screen to the railway these will be replaced by new

76 landscaping. The design and layout of the proposals are such that there will not be any adverse impact on upon surrounding properties. It is considered that the proposed two storey height is acceptable in this instance. It should be noted that this is an infill site which presently contains buildings of such a height. The development meets the density and layout indicated in the Council’s Open Space Guidelines with the exception of Plots 7, 8, 9 and 10 whose rear garden lengths are only 8-9 metres and plots 1-4 whose side gardens fall slightly short of the 5m required distance. However these particular properties border onto open space/roads and the slightly substandard distances do not impact upon any other properties. In respect of the provision for roads, access and parking, the site layout and access arrangements my Transportation Section’s comments will be fully discussed at Paragraph 4.6 below. It is considered that the proposal complies with the criteria of Policy HSG 10.

4.5 Policy ENV 5 (Assessment of Environmental Impact) of the Southern Area Local Plan Finalised Draft is also relevant to the proposal and sets criteria for assessing the impact of the proposed development. These include the loss of natural habitats, protected species and areas designated for their natural heritage value, suitability of the proposal to the character of the area in which it is set, and the landscape and visual impact of the proposal. The application site has a number of trees, which align the southern boundary with the railway line. The applicant has demonstrated that the proposed development will not result in an adverse impact on this landscaped area and the proposed planting as detailed at Paragraph 4.4 above can be suitably addressed by planning conditions. As such, the proposal complies with the criteria contained in Policy ENV 5.

4.6 In assessing the transportation implications of a development, Policy TR13 applies and this policy sets out criteria, which require to be considered in the determination of this application. As indicated above, my Transportation Section have no objections to the proposed development subject to conditions regarding the submission of an amended plan for minor alterations to the internal layout proposed. As such, the proposal complies with the criteria contained in policy TRI 3.

4.7 In terms of the consultation responses from the Geotechnical Section, Scottish Water and SEPA, following the submission of Drainage details on behalf of the applicants, it is considered that the outstanding matters can be satisfactorily addressed by planning conditions. The objection submitted by SEPA regarding capacity of the wastewater treatment works is noted, however this can be addressed by a suitable condition.

4.8 Scottish Natural Heritage (SNH) reserved its position until the submission of a Protected Species Survey (Bats and Badgers). A bat and badger survey was duly submitted and SNH accepted the findings of the survey and subsequently have no objection to the proposed development. In terms of other comments received from Landscape Services (Landscaping Section), planning conditions can satisfactorily address planting and landscaping issues.

4.9 As recommended by the Protective Services Section a planning condition is proposed requiring the submission of a site investigation report. They have also suggested conditions for construction hours and dust suppression measures, however these matters are covered by environmental health legislation.

4.10 In relation to the points of objections I would comment as follows:-

a) While any impacts on the neighbouring properties during the demolition of the existing buildings is a legal matter, in the interests of the amenity of the area a condition is proposed requiring the treatment of this gable. b/c) The issues raised by the objectors’ relating to increase in traffic, the present narrow road with cars parked on the access, pedestrian safety and implications of the road improvements have been considered in section 4.6 above. My Transportation section

77 have no objections to the proposed development and as such the concerns outlined by the objector’s are not considered sufficient to warrant refusal in this instance. d) The objectors’ concerns regarding the restriction of their outlook, privacy, sunlight/daylighting and general loss of amenity have been assessed in paragraph 4.4 above. The objectors properties are more than 18 metres from the proposed houses so there will be no loss of privacy from overlooking. The houses are sufficiently far apart that they will be no significant loss of sunlight or daylight. This has been confirmed by a sunlighffdaylight test.

4.13 Although the proposed development is contrary to policy IND8 and dose not fully comply with policy IND10, as detailed above it is considered that a departure from these policies is acceptable in this instance. The proposed development is in accordance with policies HSG 10 and TR 13. Notwithstanding the objections raised I consider that the proposed redevelopment of this site for residential purposes is acceptable and recommend that this application be approved subject to conditions.

78 Application No: S/07/01055/FUL

Date Registered: 13th June 2007

Applicant: Tradecast Homes Ltd. Unit 8, Bridgend Industrial Estate Gartferry Road Moodies bu rn

Agent Brick Row Architectural Design 3 Brick Row Gladsmuir Tranent East Lothian EH33 IEE

Development: Erection of 25 No. Flatted Dwellings

Location: Land At & To The Rear Of 3911395 Caledonian Road Wishaw North Lanarkshire ML2 OH2

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

Grid Reference: 279165654431

File Reference: SIPLIBFIIO/l IIEMLIGF

Site History: None Relevant

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

Contrary to Development Plan: Yes

Consultations: SEPA (No Objections) British Gas (No Objections) Scottish Power (No Objections)

Representations: 7 letters of representation received

Newspaper Advertisement: Advertised on 27th June 2007

79 Producad by North Lanarkshire Counul Planning and Envlronment Dept Fleming House 2 TVst Road Cumbemauld, GB7 1JW LAND AT AND TO THE REAR OF 391 I395 CALEDONIAN ROAD, WISHAW telOl236616210 I fax 01236 616232 * Representation Site area = 0.25 ha.

80 Recommendation: Approve Subject to the Following Conditions:-

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

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

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

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

That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority.

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

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

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

That before the residential development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of:- the proposed parking areas shown on the approved plans; the proposed external lighting to be provided for the site; the proposed grassed, planted and landscaped areas agreed under the terms of condition 4 above; and the proposed fences to be erected as agreed under the terms of conditions 3, 10 and 12. the proposed SUDS drainage scheme.

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

That before the occupation of the last flatted property 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 4 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

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

That before the occupation of the last flatted property of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 5 shall be in operation.

Reason: To ensure ongoing maintenance in the interest of traffic safety and amenity.

81 8. That before any flatted property hereby permitted is occupied all the access, 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 access, parking and manoeuvring areas.

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

9. That before the occupation of the first flatted property within the development hereby permitted, access to the site from Caledonian Road shall be constructed as a 5.5 metre wide dropped kerb footway crossing.

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

10. That notwithstanding the requirements of condition (3) above, before the development hereby permitted is commenced details of a site entrance feature shall be submitted to and approved by the Planning Authority.

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

11, That before the last flat within the site is occupied the site entrance feature approved under the terms of condition (10) above shall be completed to the satisfaction of the Planning Authority.

Reason: In the interests of the visual amenity of the site and in order to clearly identify the site entrance in the interests of road safety.

12. That notwithstanding condition 3 above, before the development hereby permitted starts, full details of a front boundary wall/railing along Caledonian Road and Tarbert Avenue, shall be submitted to, and approved in writing by the Planning Authority. The boundary wall/railing shall thereafter be constructed prior to the occupation of the first flatted property adjacent to Main Street.

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

13. That PRIOR to any works of any description being commenced on the application site, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme and culvert diversion shall be submitted to and approved in writing by the said Authority. For the avoidance of doubt the drainage scheme must comply with the principles of Sustainable Urban Drainage Systems (SUDS) in terms of the relevant ClRlA Manual and other advice published by the Scottish Environment Protection Agency (SEPA). If the area of ground illustrated on the drawing for the SUDS feature is inadequate for the purpose, a revised layout drawing for this part of the proposed development shall be submitted to and approved by the Planning Authority PRIOR to any works of any description being commenced on the application site, unless otherwise agreed in writing with the said Authority.

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

14. That the SUDS compliant surface water drainage scheme approved in terms of Condition 13 above shall be implemented contemporaneously with the development in so far as is reasonably practical. Before any of the flatted properties hereby permitted are occupied, a certificate (signed by a responsible Civil Engineer) shall be submitted to the Planning Authority confirming that the SUDS scheme has been constructed in accordance with the approved plans.

Reason: To safeguard adjacent watercourses and groundwater from pollution and in the interests

82 of the amenity of existing and future residents.

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

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

16. That any remediation works identified by the site investigation report required in terms of Condition 15 above shall be carried out to the satisfaction of the Planning Authority prior to the first occupation of the flats hereby approved. A certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

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

17. That before the development hereby permitted is commenced, full details of the proposed bin stores shall be submitted to and approved in writing by the Planning Authority.

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

18. That before the occupation of the first flatted property of the development hereby permitted, the bin stores approved under the terms of condition 17 above shall be built to the satisfaction of the Planning Authority.

Reason: To ensure the provision of adequate bin storage facilities.

19. That before the development hereby permitted starts, full before and after cross sections and/or site levels shall be submitted to, and approved in writing by the Planning Authority. Thereafter the development shall be constructed in accordance with the plans approved under the terms of this condition unless otherwise agreed in writing beforehand by the Planning Authority.

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

20. That prior to the commencement of development on site a scheme for the implementation and operation of the emergency access (collapsible bollards) shall be submitted to and approved in writing by the Planning Authority.

Reason: To ensure effective emergency access to the site.

21. That before the occupation of the first flatted property of the development hereby permitted, the emergency access scheme approved under condition 20 above shall be put into operation.

Reason: To ensure effective emergency access to the site.

22 That the emergency access as indicated on the approved plans shall be for emergency vehicles only.

Reason: In the interests of road safety.

83 Background Papers:

Application form and plans received 13'h June, lothSeptember, 6'h November and 21'' December 2007

Memos from Transportation Team Leader received 8* August 2007 and gthOctober 2007 Memos from Geotechnical Team Leader received 12'h July and 23rd November 2007 Memo from Head of Protective Services received gthJuly 2007 Memos from Landscape Services received 1lth October 2007 Letter from Scottish Environment Protection Agency received 13'h August 2007 Letter from Scottish Power received 27'h June 2007 Letter from Transco received 27'h June 2007 Letter from Stanley Dale, 8 Tarbert Avenue, Wishaw, ML2 OJH received 28'h June 2007 Letter from George & Lauren Carnegy, 10 Tarbert Avenue, Wishaw, ML2 OJH received 28'h June 2007 Letter from Kevin McLeod, 40 Sunart Street, Pather, Wishaw, ML2 OJJ received 28'h June 2007 Letters from Chris Murtagh CEng MIEE, Murtagh Taverns Ltd, T/A The Shiltrum, 3 Tarbert Avenue, Wishaw, ML2 OJH received 28'h June, 8'h August and 26'h September 2007 Letter from L Paton, 356 Caledonian Road, Wishaw, ML2 OHY received 27'h August 2007 Letter from L Findlater, 358 Caledonian Road, Wishaw, ML2 OHY, received 27'h August 2007

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

Any person wishing to inspect these documents should contact Mr Edward McLennaghan at 01698 302137.

Date: 9 January 2008

84 APPLICATION NO. S1071010551FUL

REPORT

1. Description of Site and Proposal

1.I Detailed planning permission is sought for the Erection of 24 No. Flatted Dwellings at 391/395 Caledonian Road, Wishaw.

1.2 The 2600 square metre application site is situated adjacent to the junction of Caledonian Road and Tarbert Avenue on the site of existing commercial premises. It currently comprises a derelict youth centre, dwelling, public house and a large area of unused derelict open space. The site is bounded on all sides by the residential properties of Caledonian Road, Tarbert Avenue and Sunart Street.

1.3 The proposed development comprises a courtyard block of two and half storeys (9.7 metres) and incorporates a three storey corner feature (1 1 metres) located on the corner of Caledonian Road and Tarbert Avenue and a two storey section (8.4 metres) located to the rear of the Tarbert Avenue section. The block will incorporate a traditional design in keeping with the adjacent properties on Caledonian Road and will be finished in a mixture of materials including render, stone and concrete grey roof tiles. The design also includes projecting sections, which add visual interest to the front of the building.

2. Development Plan

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

3. Consultations and Representations

3.1 My Transportation Team Leader originally opposed this proposal as access was taken from Caledonian Road. Following the submission of revised plans he has advised that the proposed 2.8m high pend access on Tarbert Avenue is unacceptable. Transportation require a pend to be 4.8m in height to allow emergency vehicles to access the site and do not accept the proposed emergency access onto Caledonian Road as an alternative. He also requests that a total of 36 parking spaces be provided within the site.

3.2 My Protective Services Section have no objections to the proposed development subject to the requirement for a site investigation report. Comments are also made on construction noise and dust.

3.3 My Geotechnical Team Leader has no objection to the proposed development subject to imposition of suitable drainage conditions.

3.4 My Conservation and Greening Manager has no objections to the proposed development subject to the submission of a Protected Species Survey. Such a survey has been submitted and has indicated that no protected species are present.

3.5 SEPA have offered no objections to this application but have stated that a SUDS based drainage system will be required.

3.6 Following the neighbour notification procedure and press advertisement, seven letters of objection have been received in relation to this application, two of which have been subsequently withdrawn. The grounds of the representations are as follows:

85 1. The residents at 8 & 10 Tarbert Avenue and 40 Sunart Street indicate concerns that the proposals will have a detrimental effect on parking and access at the site. Furthermore it is noted that deliveries to the existing public house are already difficult and with the increased use of the access it will create further traffic congestion. 2. The residents of 356 & 358 Caledonian Road and 40 Sunart Avenue outline concerns that the proposed development will adversely affect their privacy and cause a security risk. 3. The residents at 40 Sunart Avenue have concerns regarding overshadowing of their property and noise from the development. 4. The residents at 10 Tarbert Avenue suggest the removal of the existing public house to further benefit the area.

4. Planning Assessment and Conclusions

4.2 It should be noted that the application raises no strategic issues and therefore does not require to be assessed under the Glasgow and Clyde Valley Structure Plan. This application must be assessed against the relevant development plan policies of the Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005) together with other material considerations.

4.3 The site is identified as policy RTL 9 (Other Commercial Uses) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005). Policy HSG 10 (Assessing Applications for Housing Development) and TR 13 (Assessing the Transportation Implication of Development) are also relevant to the assessment of this application.

4.4 Policy RTL 9 states that within such areas, the Council will accept the continuation of uses within this zoning. Any changes of use or proposed new uses will be considered in light of the other policies contained within the Local Plan, however in such cases particular regard should be given to their potential compatibility with surrounding land uses. Given that the area surrounding the site is mainly residential, it is considered that this proposal is an acceptable change of use within this setting and accords with the principles of RTL 9.

4.5 Policy HSG 10 (Assessing Applications for Housing Development) sets out the criteria against which new housing proposals will be assessed including: impact of the development on the existing built and natural environment; density; layout and mix of housing; detailed design elements; provisions made for landscaping and open space; and provision made for roads, access, parking and garage space. In assessing this particular proposal in terms of policy HSG 10, it is considered that in land use terms the development of the site to a residential use is acceptable as the surrounding land uses are predominantly residential. The development will remove a rather unsightly building and would improve the character and amenity of the area. The design of the proposed flatted blocks is considered acceptable and will greatly improve the appearance of the existing area, while complementing the existing surrounding properties in terms of scale, style and finish. The applicant has amended the height and design of the flats so that they are in keeping with the surrounding properties. The proposed development would result in no loss of privacy to surrounding properties. The proposed development provides open space that, although short of the current open space standards as detailed in the Council’s “Developers Guide to Open Space”, is considered to be adequate given the infill nature of the site. The transportation issues are considered below.

4.6 In assessing the transport implications of development, policy TR13 applies. This policy requires assessment of the proposal against various criteria including: the level of traffic generated and its impact on the environment and adjoining land uses; the scope to integrate development proposals with existing public transport facilities; impact of the development on

86 road traffic circulation and road safety; and provisions made for access, parking and vehicle manoeuvring. As indicated at paragraph 3.1 above, my Transportation Section was opposed to the previous location of the access on Caledonian Road as it would have created a crossroads with the access road to St Thomas’s Primary School. In the interests of road safety the applicants were requested to relocate the access onto Tarbert Avenue and the applicants have subsequently amended the plans to locate the access through a pend on Tarbert Avenue. The previous access point on Caledonian Road will remain as an emergency access given that a sewer exists below and there is a restriction on development of that part of the site. Transportation have indicated that the proposed pend access is substandard in terms of height, that the emergency access onto Caledonian Road is also unacceptable and that an additional 3 parking spaces are required. Notwithstanding the concerns raised by my Transportation Team Leader it is considered that the proposed height of the pend entrance is more in keeping with the surrounding area and therefore more visually acceptable in terms of scale. The reduced parking provision is considered to be acceptable in this instance given the edge of town centre location and the good public transportation links. The pend access and parking provision have been accepted previously for other similar developments. The emergency access is considered sufficient to alleviate any access concerns regarding emergency vehicles and its occasional use will not adversely affect road safety. The proposed development is therefore considered acceptable in terms of Policies TR 13 and HSG 10.

4.7 In terms of the other consultation responses conditions are recommended to cover the SUDS issues raised by Geotechnical and the site investigation report required by Pollution Control. It should be noted that in this instance, the site circumstances and the proposed development are such that these conditions are acceptable.

4.8 SEPA have offered no objections to the proposed development.

4.9 In relation to the points of objections I would comment as follows:-

1. The issues raised by the objectors’ relating to the effect on parking and access to the site are noted, however, my Transportation Section have indicated no objections to the proposed access point on Tarbert Avenue and the development will provide sufficient parking provision. Therefore the concerns outlined by the objector’s in relation to the development proposed are not considered sufficient to warrant refusal in this instance. 2&3.The objectors’ concerns regarding the restriction of their outlook, privacy, sunlightldaylighting and general loss of amenity have been assessed in paragraph 4.4 above. The objectors properties are either more than 18 metres from the proposed flats or have no windows which directly face onto their property and as such it is considered that there will be no loss of privacy from overlooking. The proposed flats are sufficiently far apart that they will be no significant loss of sunlight or daylight given the orientation of the block to the adjacent residential properties. This has been confirmed by a sunlightldaylight test. As a residential development, potential noise is not considered to represent a significant problem. Construction noise is not controlled under planning legislation. 4. The objectors’ suggestion that the public house be removed is noted and the applicant has subsequently amended the proposals to include the demolition and removal of the public house.

4.10 In conclusion, the application is considered to comply with policies RTL 9 and HSG 10 of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005). The Transportation comments are noted, however it is considered that access to the development is acceptable and in keeping with other similar developments previously approved, the proposed development can be accommodated without detriment to the surrounding residential properties and that the parking and turning facilities proposed are acceptable. Therefore, notwithstanding the proposals do not completely comply with Transportation’s guidance, I consider that the proposed redevelopment of this site for residential purposes is acceptable and recommend that this application be approved subject to conditions.

87 Application No: S/07/01799/FUL

Date Registered: 21'' November 2007

Applicant: IN1 Enterprises LTD 7 Chapmans Court Wishaw ML2 7PQ

Agent: A & A Neil Architects 72 Berkeley Street Glasgow G3 7DS

Development: Alterations to Shop

Location: 4 Thrashbush Road Cambusnethan Wishaw ML2 8LL

Ward: 19 Murdostoun: Councillors Martin, McKendrick, Shevlin and Taggart

Grid Reference: 280773655468

File Reference: SIP LIBMI2ICCNGF

Site History: S/03/01453/FUL Part Change of Use of Shop to Form Hot Food Take Away, Refused 25'h November 2003 SI359182 Continuation of Temporary Planning Permission for Shop, Approved 2"d February 1983 SI4141174 Extension of Temporary Planning Approval for Shop Premises, Approved 4'h December 1974

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

Contrary to Development Plan: No

Consultations: None

Representations: 1 letter of representation received

Newspaper Advertisement: Not Required

88 I

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89 Recommendation: Approve Subject to the Following Conditions:-

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

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

2. That BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning authority and the development shall be implemented in accordance with the details approved under the terms of this condition.

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

Background Papers:

Application form and plans received €jthNovember 2007

Letter from Mr & Mrs Paul 0' Hare of 19 Thrashbush Road, Cambusnethan, Wishaw, ML2 8LL received 16'h November 2007

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

Any person wishing to inspect these documents should contact Mr Colin Campbell at 01698 302087

Date: 9 January 2008

90 APPLICATION NO. S1071017991FUL

REPORT

1. Description of Site and Proposal

1.I Planning consent is sought for alterations to a shop at 4 Thrashbush Road, Cambusnethan, Wishaw. The property is a single storey detached retail unit within a wider residential area. The unit is small in nature, although well established, finished in cladding and is currently used as a hairdressers. The application site is bound by dwellings on all sides apart from the south which is open space.

1.2 The alterations to the existing shop would increase the size and height of the existing building. This increase is due to external cladding and a new roof. In effect, the building is to be made more modern and formalised in nature with brick walls and a pitched and tiled roof. Post development, the unit would measure 11.4 metres in length, 7.2 metres in width and reach a height of 5.5 metres. While the proposed alterations to the unit will marginally increase the building’s footprint, the retail floorspace will remain the same and there is no proposal to change it’s use.

2. Development Plan

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

3. Consultations and Representations

3.1 One letter of objection was received from the owners of 19 Thrashbush Road, Cambusnethan, Wishaw. Their objections can be summarised as follows:

a) Customers from Eve’s currently park on public pavements despite there being a public car park nearby and there is also currently heavy car parking in the area. This poses a danger to pedestrians and particularly school children leaving school buses and going to and from various schools in the vicinity. There is no longer a crossing patrol on this street. b) Vehicles associated with the premises block driveways with large sided vehicles blocking visibility. This has resulted in anti-social and abusive behaviour towards residents. c) The extent of volume of traffic on this road is so large, the possibility of increasing this further could only result in harm, particularly due to the proximity of the premises to the roundabout at Cambusnethan Street and Thrashbush Road. d) Planning permission was previously refused from a hot food take away. These alterations may ultimately allow a hot food use to be introduced. e) No notification of a change in use to the hairdressers was ever received. 9 The proposals will have an unacceptable impact on the environment with chemicals being washed down the drains with immense frequency. Furthermore there is no guarantee that the drainage system will be able to cope with this. When the building originally was sited at this location it was a small a paper shop and the drainage requirements would have been minimal. Pools of water are now often found at the rear of the premises.

4. Planninq Assessment and Conclusions

91 4.2 Policy HSG 8 seeks to protect the established character of existing housing areas by opposing development that adversely affects their amenity. Also relevant is policy RTL 4 (Assessing Applications for Retail Development) which considers amongst other things the suitability and impact of the proposal or the character and amenity of the adjoining properties and the surrounding environment, detailed design elements and the provisions made for parking and access. The other criteria in this policy is not relevant as the application relates to alterations to an existing shop only.

4.3 The applicant has confirmed that no new retail floorspace will be installed within the proposed site (the existing building will remain in situ) however it is acknowledged that the external cladding will increase its length and breadth. The roof shall also be increased in height with a tiled roof and feature frontage introduced. The proposed alterations are considered acceptable in terms of design, size and scale and it is considered that they will integrate satisfactorily with nearby properties and the wider streetscene. The formalisation of the building will offer a visual improvement to its current appearance. Final materials can be controlled via a planning condition. The application is therefore considered to comply with polices HSG 8 and RTL 4.

4.4 Policies RTL 4 and TR 13 (Assessing the Transportation Implications of Development) also set out various criteria for assessing such applications, including the level of traffic generated and its impact on the environment and adjoining land uses, the impact of the development on road traffic circulation and road safety and the provision made for access, parking and vehicle manoeuvring. As the proposal is already an existing retail unit and there is no increase in retail floor space, or an introduction of any new use, there will be no change to the existing traffic in the area. In this respect, the application also complies with policies RTL 4 and TR 13.

4.5 In relation to the points of objection, I would comment as follows.

a) Customers are able to park on the street subject to normal parking and waiting restrictions. Given this is an established use and that the proposed alterations are only to improve a well established building, I do not consider it reasonable to refuse the application on these grounds. No substantive increase in retail floor space is proposed, nor is any change in use. b) It is noted that the objectors states that vehicles associated with the premises are blocking driveways and obscuring visibility, however, I refer to point (a) above. Any anti-social and abusive behaviour towards residents is not a matter that can be controlled under planning legislation. c) It is noted that the objector considers the volume of traffic on this road to be currently large and that proposed application will result in harm. Again, I refer to point (a) above. d) It is noted that planning permission was previously refused for a hot food take away. Every application is treated on its individual merits and no change of use is proposed in this instance. This would require a further planning application, although it is unlikely planning permission would be granted given the decision on the previous application in 2003. e) There was no requirement to notify neighbours of the change of use to the hairdressers under planning legislation, due to the units established use as a shop. 9 I do not consider concerns about the impact that the proposal will have on the environment to be sufficient to merit refusal of the application. This application simply improves an established building.

4.6 In conclusion I am satisfied that the design and impact of the proposed development is acceptable from a planning viewpoint and the proposal is in compliance with the development plan. Notwithstanding the objection raised by the neighbours and for the reasons stated above, it is recommended that planning permission be granted subject to conditions.

92 Application No: S/07/01868/FUL

Date Registered: 6'h November 2007

Applicant: Mr & Mrs Slavin 29 Galloway Avenue Wishaw ML2 8NE

Agent W H Dickie 77 Hamilton Road Motherwell MLI 3DG

Development: Erection of Two-storey Detached Dwellinghouse

Location: Land To The Rear Of 39 Omoa Road Cleland MLI 5RQ

Ward: 19 Murdoustoun: Councillors Martin, McKendrick, Shevlin and Taggart

Grid Reference: 279688 658164

File Reference: S/PL/B/4/1 IISMCCIGF

Site History: S/07/01868/FUL Erection of 2 Storey Dwellinghouse Refused 29th March 2007

Development Plan: The site is zoned as HSG8 Established Housing Areas within the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005)

Contrary to Development Plan: No

Consultations: No external consultations required

Representations: No letters of representation received

Newspaper Advertisement: Not Required

Recommendation: Refuse for the Following Reasons:-

1. That the proposed development is contrary to Policies HSG8 and HSGI 1 of the Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005) in that the restricted size of the site would result in a development that would be out of character with the surrounding area, have substandard garden ground and would adversely affect the amenity of neighbouring properties.

93 94 Background Papers:

Application form and plans received 6'h November 2007

Memo from Transportation Team Leader received ....

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

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

Dated: 31 December 2007

95 APPLICATION NO. S/07/01868/FUL

REPORT

1. Description of Site and Proposal

1.1 This application is for full planning permission for the erection of a two-storey, detached dwellinghouse on land to the rear of 39 Omoa Road, Cleland. The existing garden ground of 37 and 39 Omoa Road has recently been subdivided to accommodate the creation of an additional house plot. The plot measures 17 metres in width along its frontage with Gibb Street and 15.8 metres in depth. The layout plan shows a proposed dwelling 9.44 metres wide by 5.39 metres deep, a front garden depth of 5 metres and a rear garden depth of 5 metres.

1.2 The application site is bounded to the north east by the existing houses at 37 and 39 Omoa Road; to the east by the rear garden at 35 Omoa Road; to the south by the rear gardens of 1 and 3 Gibb Street and to the west by residential dwellings along Gibb Street.

1.3 Planning application (S//07/00333/FUL) for the erection of a two storey detached dwellinghouse was refused on the 2gth March 2007. This was a very similar application except for first floor rear windows on the dwellinghouse now being omitted. The garden ground and house plot is exactly the same dimensions as the previous application.

2. Development Plan

2.1 The site is zoned as Policy HSG8 (Established Housing Area) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005). This policy seeks to protect the established character of existing and new housing areas.

3. Consultations and Representations

3.1 My Transportation Section were consulted on this application and had no objections subject to conditions.

3.2 No letters of representation have been received following the neighbour notification process.

4. Planning Assessment and Conclusions

4.1 The application raises no strategic issues and must be assessed against the relevant development plan policies which are Southern Area Local Plan Policies HSG8 (Established Housing Areas), HSGl 1 (Infill Housing Development) and TR13 (Assessing the Transportation Implication of Development), together with the Council’s minimum space standards around dwellings.

4.2 The application site lies within an Established Housing Area, in the Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005). Policy HSG8 applies and states that the Council will seek to protect the established character of existing and new housing areas. In relation to this application, residential development in principle on the site could be acceptable, subject to the detailed assessment of the proposals.

4.3 In considering applications for infill residential developments on suitable gap sites, Policy HSGl 1 applies. This explains that consideration is to be given to the:

(i) Overall impact of the proposal on the character and amenity of the surrounding area,

96 (ii) Dimensions of the site relative to the proposed development and associated garden ground, (iii) Effect of infill on the garden space, privacy, and sunlight received by surrounding properties, (iv) Consideration given to scale, materials, roof heighVpitch and window patterns, and (v) Provision of vehicular access and parking arrangements.

4.4 In assessing the impact of the proposal on the character and amenity of the surrounding area it is worth noting that the majority of the housing in the area is two storeys in height with the building styles comprising mostly of four-in-a-block flatted dwellings with several semi-detached and detached two-storey dwellings. Most of the properties are set within large gardens. It is considered that a detached two-storey dwelling is acceptable in principle. However due to the restricted nature and location of the site it is considered that the proposed development would have an adverse impact on the character of the surrounding area. The proposed garden ground depth and plot size of the proposed dwelling and the resultant garden ground depth of the existing dwellings are small and out of character with the adjoining dwellings at Gibb Street and Omoa Road. A front garden depth of 5 metres and a rear garden depth of 5 metres falls significantly short of the Council’s guidelines on open space. This specifies that a minimum front garden depth of 6 metres and a minimum rear garden depth of 10 metres should be provided to provide a suitable area of useable garden ground for each dwelling. It should be noted that these are minimum standards. The restricted plot size would result in a development, which would be substandard in terms of surrounding useable garden ground. In addition by partitioning off the rear gardens of Nos. 37 and 39 Omoa Road to create this plot, the remaining garden ground of these houses falls short of the minimum standards in terms of length, 3 metres minimum, 9 metres maximum and size 43.6 square metres and 58 square metres respectively. In relation to the sunlight received by adjoining properties, due to the orientation of the site, it is considered that there will be no significant loss of sunlight or daylight experienced by the adjoining dwellings. The proposal is an improvement on the previous application in terms of the overlooking issues due to the omission of the rear windows. There is a toilet window however it would cause no issues due to being obscure glass. Despite this there is no change in the scale of the dwellinghouse and the insufficient garden ground. The provision for vehicular access and parking arrangements are considered in the following paragraph. It is considered that the application represents the over development of a restricted site and that the proposal does not comply with Policy HSGI 1.

4.5 In assessing the transportation implications of a development, Policy TR13 is a material consideration and states that the Council will take account of various criteria including the impact of the development on road traffic circulation/road safety and the provision made for access, parking and vehicle manoeuvring. The proposal includes a 3 metre wide access, a turning facility to the front of the dwelling and sufficient driveway space to accommodate the required minimum of two off-street parking spaces. There are several established off-street private accesses along Gibb Street. Taking the above into account, it is considered that the application complies with Policy TR13.

4.6 In conclusion, although the application complies with Policy TR13, it is considered that the proposal is contrary to Policies HSG8 and HSGll of the Southern Area Local Plan. Finalised Draft (Modified 2001, 2004 and 2005) in that the restricted size of the site would result in a development that would be out of character with the surrounding area and have substandard garden ground sizes. It is therefore recommended that planning permission be refused.

97 Application No: S/07/01869/FUL

Date Registered: 10th December 2007

Applicant: Wilma Kelly 138A Crawford Street Motherwell MLI 3BN

Development: Siting of Mobile Snack Van

Location: Land At Castlehill Road Gowkth ra pple Wishaw ML2 ORL

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

Grid Reference: 278714653703

File Reference:

Site History: S/OO/OO355/FUL Siting of Mobile Snack Van: application permitted on 28'h June 2000

Development Plan: The site is zoned as a road in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005)

Contrary to Development Plan: No

Consultations: None

Representations: No letters of representation received.

Newspaper Advertisement: Advertised on 19th December 2007

Recommendation: Approve Subject to the Following Conditions:-

1. That the permission hereby granted is for a temporary period only and shall expire on the 17'h January 2013 and the site shall be fully reinstated to its previous condition within 2 months from the date of expiry, to the satisfaction of the Planning Authority.

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

2. That the opening hours of the snack van, for which planning permission is hereby granted, shall be between the hours of 6am and 8pm Monday to Saturday and 8am to 2pm on Sundays.

Reason: To define the permission and in the interests of amenity.

3. That the applicant shall provide litter disposal facilities on the site at all times during the opening hours to the satisfaction of the Planning Authority.

98 PLANNING APPLICATION No. S I07 I01869 I FUL

SITING OF MOBILE SNACK VAN

67 1JW LAND AT CASTLEHILL ROAD, GOWKTHRAPPLE, WlSHAW I012386162~0

99 Reason: To ensure the provision of litter disposal facilities.

4. That prior to the development hereby approved commencing, full details of the design and materials of the snack van shall be submitted to and approved in writing by the Planning Authority.

Reason: In the interests of amenity.

Background Papers:

Application form and plans received 20th November 2007

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

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

Date: 9 January 2008

100 APPLICATION NO. S/07/01869/FUL

REPORT

1. Description of Site and Proposal

1.1 This application seeks planning permission for the siting of a mobile snack van providing hot food to take away in an area of open space adjacent to Castlehill Road, Gowkthrapple. The snack van is 6 metres in length and 2 metres deep. A snack van has been in operationt& this site for several years and teyhporary planning permission was granted for it on the 28 June 2000 which expired on the 28 June 2003.

1.2 The site is located in an area of open space at the bend in Catlehill Road on the east and all sides by open space.

2. Development Plan

2.1 The site is zoned as a road in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005).

3. Consultations and Representations

3.1 My Traffic and Transport Team Leader raised no objections to the proposal.

3.2 No letters of representation were received following the neighbour notification and advertisement procedures.

4. Planning Assessment and Conclusions

4.1 Planning applications require to be assessed against the Development Plan and other material considerations. In this instance the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) is relevant, where the site is zoned as HSG8 (Established Housing Areas). 4.2 The application raises no strategic issues and as there are houses nearby must be assessed against the most relevant policies in the Local Plan which are HSG 8 (Established Housing Areas) and RTL 11 (Assessing Applications for Bad Neighbour Development).

4.3 Policy HSG 8 states that the council will seek to protect the established character of existing and new housing areas. In relation to this application, as the mobile snack van would be classified as a Bad Neighbour it would be acceptable in such an area subject to there being no adverse impacts upon residential amenity and meeting the provisions of RTL 11.

4.4 In considering applications for snack vans, policy RTL 11 requires consideration is to be given to its impact on the adjoining land uses, the impact on road safety and the provisions made for access, parking and vehicle manoeuvring.

4.5 In relation to the effects of the proposal on the surrounding land uses it is not considered that the snack van will have a significant impact. It is situated in excess of 50 metres from the nearest dwellinghouse, set within a substantial area of open space and set back from Castlehill Road. In this respect, it is not considered to adversely affect the amenity of the neighbouring houses or their established character. I would also note that there is a history of a snack van being located at this site and this application regularises the situation with the

101 previous consent having lapsed. With regards to the impact on road safety it is not considered that this proposal raises any concerns as it is located in a spacious hard surfaced area with adequate room for accessing, parking and vehicle manoeuvring. My Traffic and Transportation Team Leader has no objections.

4.6 In conclusion, I consider that in view of the compatibility of the proposal with the surrounding land uses, the proposed snack van complies with the relevant development plan policies contained in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005). It is therefore recommended that planning permission be granted.

102