AGENDA ITEM No,,...... , 2E

North Lanarkshire Council

Planning Applications for consideration of Planning and Transportation Committee

Committee Date: 24 October 201 2

Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved APPLICATIONS FOR PLANNING AND TRANSPORTATION COMMITTEE

24th October 2012

Page Application No Applicant DevelopmentMte Recommendation No

5 11/00464/PPP Ross Laidlaw Residential Development Grant (P) (In principle) Vacant Ground East Of 46 Eastmuir Street Cambusnethan

15 12/00066/FU L Biz Space Renewal of Planning Grant Permission to Extend the Premises (07/01068/FUL) Murphy Young & CO Eon House Murray Place Righead Industrial Estate

22 12/00266/HSC Angus Dundee Amendment to Existing Grant Distillers Plc Hazardous Substances Consent (01/00073/HSC) 288 Main Street

28 12/00536/FUL Mrs Clair Kerr Change of Use of Grant Industrial Unit to Boarding Kennels (In Retrospect) 11 Garrell Road Glasgow

36 12/0072 1/P PP Golf Club Construction of 2 Two Grant Storey Houses (In Principle) Dullatur Golf Club 1A Glen Douglas Drive Glasgow

45 1 2/00734/FU L Ms Margaret CCTV Cameras at Front of Grant Rutherford Flat (2) CCTV Cameras at Request for Site Back of Flat (1) and the Visit and Hearing Erection of Railings and a Gate to the Front of the Property 14C Finlaystone Street Blairhill Coatbridge 53 12/00772/FU L Ms Carrie-Anne Part Change of Use of Grant Hume Sandwich Shop to Hot Request for Site Food Take Away Visit and Hearing 133 Gartsherrie Road Gartsherrie Coatbridge

61 12/00811/LUC Wm. Goodfellow Recycling of Demolition Grant (Contractors) Materials and Skip Hire Limited from Established Yard 150 Drumcavel Road Muirhead Glasgow

67 12/00833/PPP Mr Hamilton Erection of Detached Refuse Dwelling Land East Of 39 Bellside Road Bellside Cleland

75 12/00864/AMD AG Barr Construction of single Grant 500Kw Wind Turbine (40m to hub, 67m to tip)(Amendment to Condition 8 of Planning Permission 08/01461/FUL - Restricting Wind Turbine Model to Vestas V90 Turbine Utilising Stealth Technology) Site North Of Orchardton Road Westfield Cumbernauld

80 12/00899/FU L Mrs Frances Fagan Change of Use to Grant Childrens Nursery Request for Site 2 Lindsaybeg Road Visit and Hearing Glasgow

88 12/00938/FUL Ms GardnedHendrie Change of Use of Shop Grant (Class 1) to Cafe (Class 3) and Installation of Flue 1 Sandvale Place 94 12/00965/AMD Mr Alexander Amendment to Planning Grant Paisley Permission 11/00891/FUL by Change of Approved 500kW Wind Turbine Model to Enercon-53 Model (60m to hub, 86.5m to tip) Including Increase in overall Height of Turbine from 77m to 86.5m Bellstane Farm Blackbog Road Airdrie

104 12/00991/FUL New Lanarkshire Ltd Erection of a Steel Grant Memorial Sculpture for Steel Workers and Associated Works including Hedge Planting, Re-alignment of Fence, Sign Relocation & Lighting Land Adjacent To Sports Facility 1 O'Donnell Way Motherwell

11/00464/PPP If granted, a Legal Agreement will be required in relation to a financial contribution towards off site play facilities. Application No: Proposed Development:

11/00464/PPP Residential Development (In principle) Site Address:

Vacant Ground East Of 46 Eastmuir Street Cambusnethan Wishaw

Date Registered:

20th May 201 1

Applicant: Agent: Ross Laidlaw Graham & Sibbald Developments Ltd 18 Newton Place Unit 8 Glasgow Hunter Road G3 7PY Industrial Estate Rutherglen Glasgow G13 1UB Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 01 9 Murdostoun, Alan Clinch, Robert McKendrick, Three letters of representation received, Nicky Shevlin, and John Taggart. one of which contains a petition with 44 signatures.

Recommendation: Grant

Reasoned Justification:

The proposed development is considered acceptable in terms of the development plan and meets the criteria set out in the relevant policies of the Local Plan. The proposal can be accommodated without detriment to the surrounding area. PLANNING APPLICATION 11/00464/PPP ?epmduced by permission Produced by if the Ordnance Survey on Planning and Development %half of HMSO 8 Crown Residential Development (In principle) Environmental Semi kpyight and database right North Lanarkshire C B12. All rights reserved. Vacant Ground East Of Fleming House 2 Tryst Road 3rdnance Survey Eastmuir Street, Cambusnethan, .icence number 100023393. 46 Cumbernauld Wishaw, ML2 8PX A 067 1JW * Representation Proposed Conditions:-

1. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following matters for the relevant plot:- (a) the siting, design, external appearance and configuration of the flatted dwellinghouses; (b) the means of access to the site; (b) the design and location of all boundary walls, retaining walls and fences; (c) details of proposed site levels; (d) the provision of drainage works;

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

2. That within two years of the date of this permission, an application for approval of the matters specified in condition, 1 above, shall be made to the Planning Authority.

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

3. That the development hereby permitted shall be started, either within 3 years of the date of this permission, or within 2 years of the date of which the last of the matters specified in condition 1 above are approved, whichever is the later.

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

4. That the total number of flatted dwellinghouses within the site shall be not more than 8.

Reason: To enable the Planning Authority to retain effective control, in order to protect the amenity and character of the area.

5. That notwithstanding the requirements of condition (1) above the matters specified by conditions application to be submitted shall include the following details:-

The position and design of the flatted block, external materials, boundary treatments, parking provision and access specifications; A front building line projecting no further than No. 46 and 60 Eastmuir Street; For the avoidance of doubt there shall be no development within the area hatched GREEN as detailed on the indicative layout plan ref: GB 7950/05b; Amenity ground at a rate of 20 sqm per bedroom, minimum depth of 6 metres at the front of the site, and a minimum width of 2.5 metres from gable walls to the boundaries; The flatted block shall not exceed two storeys in height and shall all have traditional double pitched roofs, the roof line shall for the majority of its length be parallel with the adjacent road; Roof tiles shall be flat profiled, grey or black in colour, with windows having a vertical emphasis; In curtilage parking shall be provided at the rate of 150% for 1-2 bed flats and 200% for 3-4 bed flats and visitor parking provision at a rate of 30%; A turning facility shall be provided within the site; and The access shall be a dropped kerb footway crossing that meets the road at right angles. A visibility splay of 2.5 metres by 60 metres at the site access

Reason: To define the permission, to protect the amenity of the surrounding residents, to ensure that the development is appropriate for the site and in order to provide a buffer to minimise the impact upon the adjacent SINC.

6. That notwithstanding the requirements of condition 1 and 5 above, 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.

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

7. That before any residential unit within the development hereby approved in principle are occupied, everything exceeding 1.05 metres in height above road channel level, shall be removed from the sight line areas approved and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: In the interests of traffic and pedestrian safety.

8. That BEFORE any works start on site, 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 prevent groundwater or surface water contamination in the interests of environmental and amenity protection.

9. That BEFORE any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and for the approval of the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 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.

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

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

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

Reason: To ensure the provision of satisfactory drainage arrangements.

12. That the matters specified by conditions application shall include the submission of an updated ecological survey to determine the presence of any statutorily protected species, particularly for bats and badgers, the said survey shall thereafter be approved in writing by the Planning Authority before any development commences on the site. As a result of the study, should any remediation measures be required for the relocation of any protected species, this shall be implemented in accordance with a timetable agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site.

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

13. That notwithstanding the requirements of condition (1) above the matters specified by conditions application to be submitted shall include full details of the location and design of the surface water drainage scheme to be installed within the application site shall be submitted to and approved in writing by the Planning Authority, and for the avoidance of doubt the scheme requires to comply with the Scottish Environment Protection Agency principles of Sustainable Urban Drainage Systems and with any requirements of Scottish Water. The scheme shall be designed to ensure the post development run off equates to no more than current Greenfield rates. Thereafter, before any of the dwellings are occupied, written confirmation, from a chartered qualified engineer, shall be submitted to the Planning Authority, confirming that the drainage system has been installed in accordance with the approved scheme. Any change to the site layout as a result of this scheme will require an amended planning application.

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

14. That notwithstanding the requirements of condition (1) above the matters specified by conditions application to be submitted shall include a detailed drawing showing the location of all bin stores and boundary enclosures shall be submitted to and approved in writing by the Planning Authority.

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

15. That before the occupation of each flatted block of the development hereby permitted, the bin stores associated with each block approved under the terms of condition 14 above shall be completed to the satisfaction of the Planning Authority.

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

16. For the avoidance of doubt no approval is hereby given for the indicative layout submitted as part of this application.

Reason: To define the terms of the permission.

17. That PRIOR to any works of any description being commenced on the application site, an appropriate programme of remedial works to stabilise coal mine workings within the site shall be submitted to and approved in writing by the Planning Authority in conjunction with the Coal Authority.

Reason: To ensure that the coal mine workings within the site are stabilised in the interests of the safety of future users of the site.

18. That prior to the development being brought into use, the remediation works identified and required in terms of Condition 17 above shall be completed and a certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

Reason: To ensure that the coal mine workings within the site are stabilised in the interests of the safety of future users of the site. NOTE TO COMMITTEE:

If granted, planning permission should not be issued until a Legal Agreement has been concluded with the applicant in respect of a financial contribution of f5,000 for the improvement/installation of off-site play facilities at Cambusnethan Memorial Park.

Backaround Papers:

Representation Letters

Letter and petition from Mr and Mrs R Weir, 44 Eastmuir Street, Cambusnethan, Wishaw received 2nd June 201 1 Email from Mr Hugh McLaughlin, 40 Eastmuir Street, Cambusnethan, Wishaw received 10th June 201 1 Email from Mr. Andrew Murdoch, 46 Eastmuir Street, Cambusnethan, Wishaw received 15 June 2012

Consultation Responses:

Memo from Transportation received 14'hJulx 201 1. Memo from Protective Services received 24 May 201 1. Memo and emails from Play Services received 2gthMarch 2012. Memo from Greenspace Services received 7'h July, 8'h August 201 1 and 4'h April 2012.

Contact Information:

Any person wishing to inspect these documents should contact Mr Fraser Miller at 01236 6325003.

Report Date:

1lth October 2012 APPLICATION NO. 11/00464/PPP

REPORT

1. Site Description

1.1 The application site is an overgrown unmaintained play area at the Eastmuir Park Estate which lies within the established residential area of Cambusnethan. The site is largely grassed and contains dilapidated play equipment and some mature trees. The site is slightly raised above the adjacent road and footway level. The remains of a line of vertical railway sleepers forming a fence of sorts and hawthorn bushes forms the boundary of the play area however, the site goes beyond this boundary into scrub and woodland. There are residential properties to the north east and west of the site. To the rear the site backs onto open space surrounding the Greenhead Moss Nature Park.

2. Proposed Development

2.1 It is proposed to establish the principle of residential development on this area of ground. Two sets of indicative plans have been submitted, the first detailed two blocks of flats, one to the front of the site and another to the rear of the site with access being taken from Eastmuir Street. This has since been superseded by the second indicative layout that details one block of flats two storeys high providing seven two bedroom flats, fronting onto Eastmuir Street. Access would be through a pend leading to car parking, amenity space and bin shelter. The remaining area of ground to the rear would be left undeveloped and natural.

3. Applicant’s Supportina Information

3.1 The applicant has submitted a supporting statement with the application. It states that the area of ground was purchased by the applicant at auction. If the principle of residential use is established and matters specified in conditions is approved the applicant intends to construct the flats for possible purchase by the Scottish Veterans Garden City Association, the applicant has. already completed a similar project within the council area in Airdrie. The supporting statement also advises that the applicant would seek to provide a financial contribution to the Council for f5000 to allow for other Council owned play facilities to be upgraded.

4. Site Historv

4.1 Planning Application for the erection of 73 dwellinghouses approved 1’’ March 1995 (Planning Application 287/94).

4.2 Planning Application for the removal of conditions 7 and 8 of planning consent 287192 requiring installation of play area at land west of Eastmuir Street, Wishaw, refused 7 September 2000 (Planning Application 00/00803/FUL).

5. Development Plan

5.1 The site is zoned as HCF 1A (Residential Amenity) in the North Lanarkshire Local Plan.

6. Consultations

6.1 Transportation has raised no objections to the proposed development and has advised that parking requires to be provided at a rate of 150% for 1-2 bedroom flats and 200% for 3-4 bedroom flats with an additional 30% visitor provision. Conditions are also required in connection with the access to the site and the provision of a turning facility. 6.2 Protective Services have raised no objections to the application subject to the submission of a site investigation report, including if required, remediation measures prior to the start of works on site.

6.3 Greenspace have accepted the findings of the protected species survey and have advised that an enhanced landscaping scheme is required to suitably reduce the impact of the site on the nearby Site of Importance to Nature Conservation (SINC) at Greenhead Moss/Eastmuir Plantation.

6.4 Play services have raised no objections to the loss of the unmaintained play area subject to the receipt of the proposed financial contribution of f5000 to upgrade the existing play facilities at Cambusnethan Memorial Park.

6.5 The Coal Authority have raised no objections subject to a condition requiring an appropriate programme of remedial works to stabilise coal mine workings within the application site.

7. Rewesentat ions

7.1 Three letters of representation including a petition containing 44 signatures have been received. The objections have been summarised below:

a. The proposal is contrary to the original planning approval for the development. The play area should be retained the money originally set aside for it to be revamped should be used for the play area to be fenced off and for it to be brought back into active use to allow their children to play in a safe and natural environment. b. Increase in traffic as a result of the development and by other road users using Eastmuir Street as a rat run. There are existing properties that park on street further increasing the congestion in the locale. C. The indicative plan details a bin area adjacent to the objectors’ rear garden; this would adversely impact on the amenity and use of the garden. This would also restrict the objector from using their hot tub that is required on health grounds. d. Of the indicative plans submitted it is considered that only one block to the front of the site would be acceptable. Furthermore the block at the rear of the site would have an adverse impact on wildlife at the site. e. Clarification is also sought on the proposed boundary treatment as no details have been submitted on this.

8. Plannina Assessment

8.1 In accordance with Section 25 of Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The application raises no strategic issues; it can therefore be assessed in terms of the local plan policies. In the North Lanarkshire Local Plan the site is covered by HCFI 1A (Residential Amenity).

North Lanarkshire Local Plan

8.2 This policy HCFIA states that there is a presumption against developments detrimental to residential amenity in primarily residential areas. In this instance the application relates to a residential development within an established residential area on an area of unkempt ground. Whilst this area of ground originally formed part of the open space associated with the original development it has long since been abandoned and does not fall within any factoring arrangements within the site. The quality of this open space has long since been eroded and there is no scope through the planning legislation for this area to be returned to its original condition. The site currently adversely impacts on the amenity of the existing residential area and it is considered in principle that a quality infill development would improve the amenity and in turn provide a managed landscape area at the rear of the site. The indicative layout details a development that would run parallel with the road, two storeys in height as per the original dwellings. Through the development of the site, it is considered that the general appearance of the site will be vastly improved. It is therefore considered that principle of the application is therefore acceptable, subject to the detailed assessment of the proposals against DSP1-4.

8.3 The North Lanarkshire Local Plan (NLLP) requires all applications to be assessed against policies DSP 1(Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development).

8.4 Due to the limited scale and nature of the development, policies DSP 1 and 2 are not relevant. Policy DSP 3 requires developer contributions if improvements are required in the area. In this instance, given the nature, scale, design and location of the proposal; it is not considered that it will cause a significant demand on community facilities or infrastructure in the area. However, as a result of the loss of the unkempt play area to a residential development a financial contribution of f5000 is to be secured through a Legal Agreement for works to improve the existing Council owned plays facility at Cambusnethan Memorial Park.

8.5 Policy DSP 4 states that development will only be permitted where high standards of site planning and sustainable design are achieved. Developments are required to integrate successfully into the local and wider area in terms of the suitability of the site and its setting and use; the design and scale of the development, including roads access and parking, use of materials, traffic and transportation links, and road safety, without having an adverse impact on the amenity of that area.

8.6 In terms of DSP4 the principle of a flatted residential development at this location is considered acceptable. The site is of a size that can accommodate a development which subject to conditions will not adversely affect the character and amenity of the surrounding area. It is worth noting that the dwellings in the area are predominantly two storeys in height and it is therefore considered that a two storey development is acceptable in principle. With regards to the impact on privacy and amenity of adjacent dwellings, from the indicative layout plan it is considered that, subject to suitable conditions, there would be no issues with regards to window to window distances given the dimensions of the site and the orientation of the established dwellings on either side of the site. With regards to the detailed design elements and the impact on sunlight and daylight of adjacent dwellings, it is considered that development should be restricted to the front part of the site in order to protect the amenity of adjacent residences and to provide a landscaped buffer between the application site and the adjacent Site of Importance for Nature Conservation. A condition is recommended stating the development requirements and restrictions. These issues would also be considered as part of the matters specified by conditions application. The dimensions of the site are such that the required private amenity space and parking provision to serve the development could be accommodated. It is therefore considered that in principle the development is acceptable subject to conditions. The proposal therefore complies with DSP4.

Consultations

8.7 With regards to the comments received from Transportation, Protective Services and the Coal Authority conditions are proposed regarding the access, parking and the submission of a Site Investigation Report and Remediation Strategy. Greenspace Services have raised no objections following the submission of the Protected Species Survey and have welcomed the buffer between the proposed development and the adjacent SINC. Conditions are also proposed to address these points. With regards to the proposed f5000 financial contribution, Play Services have welcomed the funding for improvement works at Cambusnethan Memorial Park. This will be secured through the conclusion of a Legal Agreement prior to the release of the Decision Notice in the event that the application is approved. ReDresentations

8.8 In response to the objections raised:

a. The play area was built as part of the original development by Wilson’s house builders who are no longer in existence. There was no financial contribution submitted to the Council and the play area was never intended to be adopted by the Council. Normal practice would be for play areas to be communally owned or retained by the developer and maintained through the factoring arrangements. In this instance the site is not maintained by a factor and has been sold. The Council is no longer in a position to enforce the original conditions associated with the play area or to have it improved in condition. If planning permission is approved it would be subject to a financial contribution to upgrade the play area at Cambusnethan Memorial Park, that is within recommended walking distance from this residential area. b. Transportation has raised no objections to the proposed access position or off street parking requirements. Furthermore there are no parking restrictions in place on Eastmuir Street and it is considered that the development will not adversely affect the road network. Furthermore the matters specified by conditions application will ensure that adequate parking is provided within the site. C. The location of the bin storage area would be finalised through the matters specified by conditions application ensuring that its location did not have an adverse impact on adjacent properties. d. The comments on the indicative layout are noted, however finalised details of the location of the building(s) would be assessed through the matters specified by conditions application in the event that this application were approved e. Planning conditions are to be utilised to secure the submission of boundary treatment details.

9. Conclusion

9.1 In conclusion having due regard to the provisions of the Development Plan, the proposals are considered to be acceptable and to comply with Policies HCFlA and DSP 3 and 4 of the North Lanarkshire Local Plan. The proposed development will acceptably relate to surrounding land uses. Notwithstanding the objections received it is therefore recommended that planning permission be granted subject to conditions. Application No: Proposed Development:

12/00066/FUL Renewal of Planning Permission to Extend the Premises (07/01068/FUL) Site Address:

Murphy Young & CO Eon House Murray Place Righead Industrial Estate Bellshill

Date Registered:

31 st August 201 2

Applicant: Agent: Biz Space Jen Popplewell West 15 Indigo Planning Ltd Whickham View Lowry House Newcastle Upon Tyne 17 Marble Street Manchester

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 01 3 Thorniewood No letters of representation received. Robert Burrows, James McCabe, Duncan McShannon,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed development meets the criteria set out in the relevant policies of the North Lanarkshire Local Plan 2012. The design is considered to be in keeping with the character and amenity of the area and impact on the surrounding area is considered to be acceptable. Reproducedby pe,mlsslon PLANNI NG APP LlCAT1 ON 12/00066/FUL Produced by of the Ordnance Survey on Planning and Development behalf of HMSO @Crown Renewal of Planning Permission to Extend Environmental Services North Lanarkshire C Cop~lgh'and the Premises (07/01068/FUL) 2012 All rights reserved Fleming House rbhire Ordnance Survey 2 Tryst Road colrndl Licencenumber 1000233% Murphy Young & CO ,Eon House, Murray Place Cumbernauld Righead Industrial Estate, Bellshill, ML4 3LP A G67 1JW Proposed Conditions:-

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

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

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

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

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

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

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

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

5. 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 BEFORE the development hereby permitted is operational, all the fences, or walls, as approved under the terms of this condition, shall be erected.

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

6. That BEFORE any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a Phase 1 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 Phase I1 Ground Investigation Study and Remediation Strategy may be required

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

7. That any remediation works identified by the site investigation required in terms of Condition 6 shall be carried out to the satisfaction of the Planning Authority. Before the development hereby approved is brought into use 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. 12. That BEFORE the development hereby permitted starts, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water have been fully met in respect of providing the necessary site drainage infrastructure to serve the development.

Reason: To ensure the provision of satisfactory drainage arrangements.

13. That BEFORE the development hereby permitted is brought into use, the access and all of the associated parking and manoeuvring areas shown on the approved plans, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas.

Reason: In the interests of pedestrian and vehicular safety and to prevent deleterious material being carried out on the highway.

14. That BEFORE the development hereby permitted is brought into use, a 2 metre wide footway shall be constructed within the area hatched GREEN on the approved plans, to the satisfaction of the Planning Authority.

Reason: In the interests of pedestrian safety.

15. That no trees within the application site shall be lopped, topped, felled, or otherwise affected, without the approval in writing of the Planning Authority.

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

16. That BEFORE the development hereby permitted starts, tree protection measures in accordance with British Standard BS 5837 shall be erected along the drip line of the trees within or overhanging the site and shall not be removed without the approval in writing of the Planning.

Reason: In order to ensure that the trees are not adversely affected by the development. Backclround Papers:

Consultation Responses:

Memo from Transportation received 2gthSephtember 2012 Memo from Protective Services received 20 September 2012 Memo from Greenspace received 24'h September 2012

Contact Information:

Any person wishing to inspect these documents should contact Graham Smith at 01236 632493.

Report Date:

12'h October 201 2 APPLICATION NO. 12/00066/FUL

REPORT

1. Site Description

1.1 The application property is ‘Biz Space’ which comprises of office and storage space in the south western edge of Righead Industrial Estate. The levels slope downwards gently from south to north but the site is relatively flat and is surrounded by similar business units to the north, a haulage company to the east, Old Edinburgh Road to the south and a children‘s nursery to the west.

2. Proposed Development

2.1 Permission is sought to renew the Planning Consent granted on the 11th September 2007 for an extension (reference: 07/01068/FUL). The proposed extension would measure approximately 657 square metres and would be 8 metres in height, tying in with the existing roof, and would be finished in materials to match the existing unit. The extension would create and ‘L’ shaped building with 4 separate business units on the ground floor and offices above. A one way system would be put in place around the extended building with parking around the edges of the site.

3. Applicant’s Supportinq Information

3.1 The applicant submitted a topographical survey showing the existing and proposed levels on site, a tree survey demonstrating which trees are to be removed and protected species survey in support of their application.

4. Site Historv

4.1 The only application of relevance is the permission that this application seeks to renew which was granted on the 1lth September 2007 (07/01068/FUL). Condition 1 prescribed that the development be started within 5 years of the date of permission, in this case being 1 lthSeptember 2012.

5. Development Plan

5.1 The site is designated as EDI 1 A1 (Existing Industrial and Business Areas) in the North Lanarkshire Local Plan 2012.

6.

6.1 A summary of comments from the consultees are as follows:

i. Transportation raised no objections to the proposal subject to pedestrian provision from the access road to the entrance to the building. ii. Greenspace raised no objections to the development subject to the recommendations of the protected species survey being carried out. iii. Protective Services recommended the submission of a site investigation.

7. Representations

7.1 No letters of representation were received following the neighbour notification and press advertisement.

8. Plannina Assessment

8.1 In accordance with Section 25 of the Town & Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The proposal raises no strategic issues and as such requires to be assessed against Local Plan Policies. In this instance the North Lanarkshire Local Plan 2009 is relevant. The site is zoned as EDI 1 A1 (Existing Industrial and Business Areas)

8.2 Policy EDI A1 seeks to safeguard the character and amenity of existing industrial and business areas. The extension is acceptable in principle as the policy position remains relatively unchanged since the previous approval. In this instance no changes are proposed to the design and layout as previously approved. In order to facilitate the extension and revised parking layout some younger trees on the northern edge of the site and 4 semi mature trees on the western boundary would require to be felled. Given the changes to legislation relating to protected species a tree survey and protected species survey were undertaken. Conditions are recommended so that trees within the site and protected species that they may contain are adequately safeguarded. The proposal is not considered to have an adverse impact on the character and amenity of the surrounding area and is therefore in accordance with EDI 1 Al.

8.3 The NLLP also requires proposed developments to be assessed against policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development). DSPI, DSP2 and DSP3 are not relevant to a development of this nature and scale.

8.4 Policy DSP 4 Quality of Development states that development will be permitted where sustainable design standards and site planning are achieved. In particular, proposals will need to demonstrate that: an appraisal has been carried out on the existing character and features of the site and a high quality development is achieved with design principles which lead to the creation of a distinct, successful places addressing siting, overall layout, density, form, scale, height, massing, proportion, detailing, materials and open space issues. Developments are also required to integrate successfully into the local area avoiding harm to the neighbouring amenity, avoiding adverse impact on adjacent properties through over looking, loss of privacy or amenity, overshadowing, noise or disturbance. The provision of roads, access and parking also requires to be assessed by Policy DSP4. As discussed above the design of the extension and revised layout has not changed since it was approved previously and the impact is acceptable when assed against the above criteria. Conditions are proposed for additional planting and for a pedestrian access to be provided. The proposal is therefore in accordance with DSP4.

Consultations

8.5 In relation to the comments by Transportation a condition is attached requiring a pedestrian footpath from the building to the site entrance, as per the original permission. In relation to the comments from Greenspace conditions are attached following the recommendations of the ecology survey and with regards to Protective Services comments conditions are attached requiring the submission of a site investigation report and any associated remediation.

9. Conclusions

9.1 In conclusion, it is considered that the proposed development is acceptable in terms of the criteria set out in the relevant policies of the North Lanarkshire Local Plan 2012. The proposed development can be suitably accommodated within the site without detriment to the surrounding area. It is recommended that planning permission be granted subject to conditions. Application No: Proposed Development:

12/00266/HSC Change to Site Operations Relating to the Storage of Material under (part B category 6 of schedule 1(alcohol) Amendment to Existing Hazardous Substances Consent (01/00073/HSC) Site Address:

288 Main Street Coatbridge North Lanarkshire ML5 3RH

Date Registered:

21 st March 2012

Applicant: Agent: Angus Dundee Distillers Plc NIA 288 Main Street Coatbridge North Lanarkshire ML5 3RH Application Level: Contrary to Development Plan: Other Application Level No

Ward: Representations: 01 0 Coatbridge South No representation received. James Brooks, lmtiaz Majid, John Higgins,

Recommendation: Approve Subject to Conditions

Reasoned Justification: The proposal is accepted on the basis that the Health and Safety Executive have concluded that the risk to the surrounding population arising from the proposed operation are so small that there are no significant reasons, on safety grounds, for refusing hazardous substances consent. Repndueed by petmission 12101J266M Sc Produced by dtheo*anreSumqonAngus Dundee Distillers Plc Planning and Development khanofHMSo.@Crown Environmental Sewi 288 Main Street, Coatbridge,MLS 3RH North Lanarkshire C and n@ Amendment to xisting Hazardous Substances 2009. All rights tesetved. E Fleming House Ordnance Sumey Consent (01 100073MSC) 2 Tryst Road Liceme number 100023396. C urn bernauld 087 IJW Proposed Conditions:-

1. That the Hazardous Substance(s) shall not be kept or used other than in accordance with the application particulars provided in the Hazardous Substances Consent Application Form, Nor outside the area(s) marked for storage of the substance(s) on the plans which formed part of the application (Drawing Number CB 0061, dated 8*h March 2012).

Reason: In the interests of public safety and to ensure compliance with the details contained in the application.

2. That the maximum capacity of a tanker using the tanker stations as shown on (drawing number CB.0112, issue (a) (29.06.12) is 35 cubic metres.

Reason: In the interests of public safety and to ensure compliance with the details contained in the application. Backaround Papers:

Representation Letters

None received.

Consultation Responses:

Letter from Scottish Environment Protection Agency received 21" May 2012 Letter from Health and Safety Executive received I" August 2012 Letter from Scotland Gas Networks received 28'h May 2012

Contact Information:

Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01236 632524

Report Date:

15th October 2012 APPLICATION NO. 12/00266/HSC

REPORT

1. Site Description

1.I The site lies within a designated industrial area at 288 Main Street, Coatbridge currently used for the storage, maturation and bottling of whisky. The buildings on site relate to the previous operation, also for the storage of whisky. The site comprises of a number of warehouse buildings (7) which are not all currently in use and, as such, is level with hard standing throughout. The site is bounded to the east by Lock Street and retail park beyond, to the north lies residential and public buildings beyond, Main Street with an area of open space with semi mature trees lies to the south.

2. Proposed Development

2.1 This application seeks Hazardous Substances Consent for the storage of 25567 tonnes of material under (part B category 6 of schedule l(alcoho1) to the 1993 regulations) at the existing Angus Distillers bonded warehouse and bottling plant at 288 Main Street, Coatbridge. Currently Angus distillers are in the process of redeveloping the site which was operated previously by John Dewar and Sons Ltd under previous hazardous substance consent 01/00073/HSC. This application is intended to regularise the total volume of ethanol stored at this site by the new operator. This consent lies within the curtilage of the current operation and the site already has deemed hazardous substances consent for the previous operation and is in accordance with Regulation 16 of the Town and Country Planning ( Hazardous Substances) (Scotland ) Regulations 1993, subject to the deemed consent conditions as contained within Schedule 3 of the said Regulations.

3. Applicant's Suwortina Information

3.1 The applicant has not provided supporting information beyond the submission of the application.

4. Site History

4.1 The following applications are considered relevant to this assessment:

01/00073/HSC Claim for Deemed Consent - Hazardous Substance Consent approved 1Oth August 2001. 03/00067/OUT Erection of Foodstore, Petrol Filing Station and Formation of Associated Car Park, Landscaping and Access withdrawn gthFebruary 2005. 05/02074/OUT Residential Development (Outline) approved 7thFebruary 2007. 07/01996/REM Residential Development Comprising 56 Houses and 14 Flats (3 and 4 Storey) with Ancillary Roads and Landscaping approved dhOctober 2009 11/00976/FUL Refurbishment of Existing Admin Building and 2 Storey Extension to Side and Single Storey Extension to Front 24thOctober 201. 12/00029/PPP Demolition of Existing Warehouse Buildings and Erection of Bonded Warehouse approved 22"d March 201 2.

5. DeveloDment Plan

5.1 The development plan is not relevant to this type of application.

6.

6.1 The Health and Safety ExecutivetHSE) has no objections to the proposal on the basis that they have concluded that the risk to the surrounding population arising from the proposed operation are so small that there are no significant reasons, on safety grounds, for refusing hazardous substances consent. The HSE have however recommended that Hazardous Substance(s) on the site shall not be kept or used other than in accordance with the application particulars provided in the Hazardous Substances Consent Application Form and have made recommendations relating to maximum capacity of a tanker using the tanker stations. Planning conditions attached above should be considered if the committee are minded to approve the application.

6.2 The Scottish Environment Protection Agency has no objections though they have advised that the site is an existing lower tier Control of Major Accident Hazards (COMAH) site under consent granted to John Dewar and sons. This application represents a change of ownership and consent for 25,000 tonnes of ethanol which does not exceed the top tier threshold of 50, 000 tonnes. The site remains a lower tier COMAH site under the amendments therefore no change to the existing level of consent is required under SEPA’s remit. SEPA have also referred the applicant to standing regulatory advice and good practice.

6.3 Scotland Gas Networks has no objections to the proposal and has provided standing advice on the location of their apparatus.

7. Representations

7.1 Following the notification process and a press advertisement, no representation was received.

8. Plannina Assessment

8.1 No objections have been received from consultees with regard to the application. In particular, the Health and Safety Executive concluded that the risk to the surrounding population arising from the proposed amendment to the existing operation are so small that there are no significant reasons, on safety grounds for refusing Hazardous Substances Consent. Given the foregoing it is recommended that the committee approve this application. Application No: Proposed Development:

12/00536/FUL Change of Use of Industrial Unit to Boarding Kennels including associated Cattery Building and Caravan (In Retrospect)

Site Address:

11 Garrell Road Kilsyth G65 9JX

Date Registered:

31 st August 201 2

Applicant: Agent: Mrs Clair Kerr N/A Burnbank Pet Hotel Units 6 & 7 Garrell Road Kilsyth G65 9JY

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 001 Kilsyth 12 letters of representation received. Jean Jones, Heather McVey, Alan Stevenson,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed kennels/cattery use is considered acceptable in terms of the criteria set out in the relevant policies contained within the North Lanarkshire Local Plan. The proposed development is unlikely to significantly adversely affect the surrounding industrial and business area. Games Court

Reproduced by petmission Produced by dthe Orhanor SUW~on Mm Clair K err N Planning and Deuelopment bphrtfofHMSo. 11 Garrell Road Kilsyth Cumbernauld Enrir on mental Services Copyrigtt and database tight North Lanarkshire Council po9,nlltightsnseWd. Change of Use of Industrial Unit to Boarding Fleming House Ordnance Survey Kennels [In Retrospect) 2 Tryst Road hoeme numb~m023396. 12 Representations Outwith Map Area A Cumbernauld 067 IJW * Representations Proposed Conditions:-

1. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the block plan and location plan.

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

2. That the permission hereby granted shall be solely for the benefit of Ms Clair Kerr (Burnbank Pet Hotel) and when the premises cease to be occupied by Ms Clair Kerr (Burnbank Pet Hotel), the use hereby permitted shall cease and revert back to the original Class 5 Industrial Use.

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

3. That, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 and the provisions of the Town and Country Planning (Use Classes) (Scotland) Order 1997, the building shall be used solely as a Kennels/Cattery business only.

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

4. That, the touring caravan hereby approved is for the sole purpose of the supervisory needs for the animals under the terms of the Kennels/Cattery use and not to be used as a residential unit in its own right. In the event that the business ceases operations, the caravan must be removed to the satisfaction of the Planning Authority within 14 days of cessation.

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

Representation Letters: Letter from Worktop Distribution Services, C/o Janice Earl, Block 5 Unit 2, Burnside Industrial Estate received 10th September 2012 Letter from Patricia Wade, Crowbank House, Arns Road, Abronhill received 11 th September 2012 Letter from Anne Asquith, Kilsyth Tile Warehouse, Unit 3, Block 5, 9B Garrell Road received 17th September 2012 Letter from Mrs Linda Ann McChrystal, Taigh na Feile, Gavel Road, Kilsyth received 17th September 201 2 Letter from Mrs Paula Stokes, 31 Donaldson Avenue, Kilsyth, G65 ODH received 26th September 2012 Letter from Miss Laura Murray, Medlar Road, Abronhill, G67 3AG received 26th September 201 2 Letter from Mr lan Hamilton, 13 Courthill Crescent, Kilsyth, G65 OEN received 26th September 201 2 Letter from Mrs A Devine, 23 Meadowside Road, , G65 9EH received 26th September 2012 Letter from Miss A Moore, 15 Rednrae Road, Kirkintilloch, G66 2BY received 26th September 201 2 Letter from Mr David Smith, 23 Kingston Road, Kilsyth, G65 OHR received 26th September 2012 Letter from Miss Karen McNally, 4 Archway, Kilsyth, G65 OHD received 26th September 2012 Letter from Jennifer Hewitt, Station House, Station Road, Bardowie, G62 6ET received 1'' October 2012

Consultation Responses: Memo from Protective Services received 24'h Se tember 2012 Memo from Traffic & Transportation received 14'R September 201 2 Memo from Animal Health and Welfare Inspector received 2ndOctober 2012

Contact Information: Any person wishing to inspect these documents should contact Mr Kevin Divin at 01 236 632508

Re ort Date: 15' R October 2012 APPLICATION NO. 12/00536/FUL

REPORT

1. Site Description

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

1.2 The application site is currently being used as for a Dog Kennels and Cattery business. The property attached, located immediately to the south, consists of various light industrial and non-industrial uses. The surrounding land uses include a various industrial units and a sports centre. Vehicular access to the site, as with the industrial estate as a whole, is taken from Garrell Road which connects onto the 8802 to the east of the site.

2. Proposed Development

2.1 This application seeks full planning permission for the change of use from an industrial unit (Class 5) to Boarding Kennels (Sui Generis) (In Retrospect). The proposal seeks to regulate a dog kennels and cattery business currently operating from the site. The main unit houses the dog kennels in which a dog run is located adjacent, a temporary building accommodates the cattery, a touring caravan is located within the yard area to provide 24 hour supervision of the animals and the site is enclosed by a 1.8 metre high fence with gated access.

3. Site Historv

3.1 This unauthorised use was brought to our attention by a complaint from neighbouring property (12/00022/COMP) resulting in a letter being sent out on 14 February 2012 requiring the submission of a planning application for the use. The current application was submitted by the applicant in an attempt to regularise the planning position.

4. Development Plan

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

4.2 The application site is zoned as EDI AI (Existing Industrial and Business Areas) within the adopted North Lanarkshire Local Plan.

5. Consultations

5.1 A summary of comments from the consultees is as follows:

i. Traffic & Transportation have no objection to the proposed kennelsicattery use. ii. Animal Health and Welfare Inspector has no objections to the change of use of Industrial Unit to Boarding Kennels. The applicant has consulted with the Animal Health and Welfare Inspector in the construction of the kennels and has followed the guidelines contained in Model License Conditions issued by North Lanarkshire Council, adopted from Guidance and Model Conditions issued by the Chartered Institute of Environmental Health. There are no residential houses in close proximity to the kennels and as it is situated within an industrial unit, noise shouldn’t be an issue. The Kennels meet with the criteria set by North Lanarkshire Council for obtaining a Boarding of Animals License and this was issued on gth May 2012. 24 hour supervision of the animals is achieved by the siting of a small caravan at the kennels to ensure overnight supervision. There have been a number of complaints regarding the kennels which have been investigated and found to have no substance. iii. Protective Services have no objection to the proposal and refers to best practice relating to plant installation, noise levels and light pollution.

6. Remesentations

6.1 Following the standard neighbour notification procedures 12 letters of representation received in relation to this proposal, of which 5 objected and 7 are in support. The main points of objection relate to the premises being unsuitable for animals, noise, unsuitable location, no 24 hour supervision, incorrect address, no emergency facility in place, unauthorised operation, lack of drainage, lack of parking, no licence in place and recent fire outbreak at the site. The support refers to customer’s positive experience from using the business.

7. Plannina Assessment

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

7.2 Development Plan - North Lanarkshire Local Plan: The site is located within an established industrial area in Kilsyth on land zoned as EDI AI (Existing Industrial and Business Areas). The primary issues to be considered here are the appropriateness and compliance with the relevant development plan and the effect the proposal will have on the surrounding area.

7.3 Policy EDI AI supports the continuing industrial character of existing industrial and business areas sets out the criteria for change of use from industrial and business which includes: whether there is a surplus of industrial and business land; the attractiveness as a location for industry and business; location requirement for proposal; economic benefit to the area; suitable alternative sites; transportation issues; and re-use of vacant or under utilised industrial land. In physical terms, the unit forms part of a much bigger industriaVbusiness area. When assessed against the relevant policy, the proposed change of use from business and industry unit to Kennels/Cattery use is considered, in this instance, to be of an appropriate scale as ancillary development to the wider industrial location. The application site was vacant before the current use and therefore surplus, the use is located to the rear and side of an existing building that is not easily seen from Garrell Road which does not significantly affect the visual amenity or character of the industriaVbusiness area. With reference to the potential impact on travel patterns and accessibility by public transport, it is noted that the site is located adjacent to Kilsyth town centre and will benefit from the existing public transport links, however, with such a use it is expected that most customers will travel to the premises by private car with their pet usually being dropped off or collected at off peak times and Traffic & Transportation have no objection to the proposed use. The kennelskattery business will introduce a new business enterprise to a vacant site that will result in a minor economic benefit to the area. The criteria related to whether there is a specific locational requirement for this proposal or suitable alterative sites are interlinked and while it considered that the proposed kennelskattery use could, in theory, be located elsewhere within the Kilsyth area, the question of locational need is for the applicants to satisfy themselves that there is a market for their service in this area. It is considered that the proposal will not detract from the industrial function of the application site or the surrounding area due to the number of similarly sized industrial units still available. In this particular industrial estate there is a predominance of smaller industrial units and the loss of one unit to a non industrial use is not considered to be a particular concern. Planning conditions are recommended to restrict the use to the proposed kennelskattery use only, to revert back to an industrial use when the business ceases operating and to ensure that the touring caravan is for business purposes only that will not introduce a permanent residential element in order to ensure that the character of the wider industrial area is protected. The potential physical amenity impact of the proposal on neighbouring properties is also deemed to be acceptable due to the nature of the proposed and established uses. In this respect, the application is considered to comply with the spirit and intentions of the policy EDI AI.

7.4 Other Material Considerations - Supplementary Planning Guidance: A material consideration is the Supplementary Planning Guidance (SPG) 15 Industrial & Business Development, of which Section C is relevant. With reference to change of use proposals in Industrial and Business areas, the SPG states that the Council will not support proposals which would be detrimental to the cumulative economic importance of small scale industrial and business sites or proposals which would have a negative impact on communities and the wider environment. When the kenneldcattery proposal assessed against this, it is considered that the proposal will not result in a detrimental impact on the cumulative economic importance of small scale industrial and business uses in Garrell Road, Kilsyth or have a negative impact on the adjacent business uses. Therefore the proposal is regarded as being in accordance with the Supplementary Planning Guidance.

7.6 Effect on Local Amenity: Due to the nature and operating hours, the proposed kennels/cattery use is considered to be acceptable as its impact will not detrimentally affect the character of this wider industrial area.

7.7 Consultations; With respect to the comments made by Traffic & Transportation, this has been discussed in detail above in paragraph 7.3 above. Concerning the comments made by Protective Services, the site is located sufficient distance from residential properties to not result in a noise issue to recommend a noise planning condition and the other comments are not relevant in this instance. Regarding the comments made by the Animal Health and Welfare Inspector, these are noted.

7.8 Rewesentations: In terms of the objection raised, I would offer the following comments:

Point of Objection: The premises are unsafe/unsuitable for housing animals.

Comment: The Council’s Animal Health and Welfare Inspector have commented that the facility meets the current standards.

Point of Objection: There is a constant barking noise from the dog kennels.

Comment: There has been no objection to this effect from Protective Services and the application site is of sufficient distance from residential properties to not cause a nuisance. As the site is within an industrial area, concerns regarding noise can only be given limited weight and do not justify refusing planning permission.

Point of Objection: An industrial estate is not a place for a boarding kennels/cattery business.

Comment: The suitability of the proposal at this industrial location has been assessed in full above and considered to be acceptable, in this instance.

Point of Objection: There is no 24 hour supervision of the animals on site.

Comment: There is a touring caravan to facilitate 24 hour supervision of the animals included in the planning application.

Point of Objection: The application form shows the incorrect postal address, 21 instead of 1 1. Comment: This issue of the current postal address was resolved prior to the validation of the planning application.

Point of Objection: There is no facility to contain the animals during instances of emergency such as a fire.

Comment: The Council’s Animal Health and Welfare Inspector considered that the kennelsjcattery business meet with the criteria set by North Lanarkshire Council for obtaining a Boarding of Animals License.

Point of Objection: The kenneldcattery business is currently operating without planning permission.

Comment: This is noted and this application has been submitted to regularise this issue.

Point of Objection: There is a lack of drainage for the outdoor dog run, the toilet waste has to be hosed down regularly.

Comment: It is noted that the outdoor dog run would have to be cleaned regularly due to the nature of its use.

Point of Objection: There is a concern for the animals’ wellbeing due to the lack of appropriate licence.

Comment: The Council’s Animal Health and Welfare Inspector has confirmed that a Boarding of Animals License has been issued in May 2012.

Point of Objection: There is a lack of parking for customers and they would have to park in front of other units.

Comment: There are existing communal car parking spaces associated with all the units within this block. In addition, the kennels/cattery business is expected to have customers visiting mostly at off peak times and Traffic & Transportation have no objection to the proposed use.

Point of Objection: It is understood that a fire broke out recently at the premises which caused distress to the animals.

Comment: It is noted that a fire broke out in one of the neighbouring units and not the application site where no animals were affected during this incident.

8. Conclusions

8.1 In conclusion, taking into account all the circumstances relevant to this applicant, the proposed kenneldcattery use is acceptable and will not result in an unacceptable impact on the character of this industrial and business area which complies with the spirit and intentions of policy EDI A1 (Existing Industrial and Business Areas) of the North Lanarkshire Local Plan. Notwithstanding the objections received and taking the provisions of the development plan and all other material considerations into account, it is recommended that permission be granted subject to conditions. Application No: Proposed Development:

12/00721/PPP Construction of 2 Two Storey Houses (In Principle)

Site Address:

Dullatur Golf Club 1A Glen Douglas Drive Craigmarloch Cum bernauld Glasgow North Lanarkshire G68 ODW

Date Registered:

20th July 201 2

Applicant: Agent: Dullatur Golf Club George Skinner 1A Glen Douglas Drive Spacesix Architects Craigmarloch Berkeley Offices Glasgow 1 16 Elderslie Street G68 ODW Glasgow G3 7AW

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 002 Cumbernauld North 4 letters of representation received. Balwant Singh Chadha, Alan Masterton, Barry McCulloch, Alan O'Brien,

Recommendation: Approve subject to Conditions

Reasoned Justification: The proposal is considered to be acceptable and will not impact negatively on the character or amenity of the surrounding area and is therefore considered to be acceptable. In this respect the proposal complies with the adopted North Lanarkshire Local Plan. Reproduced by permission Produced by of the Ordnance Survey on Construction of 2 Two Storey Houses Planning and Development behalf of HMSO. 0 Crown Environmental Services Copyright and database right (In Principle) N North Lanarkshire Council 2012. All rights reserved. Flerning House rbhire Ordnance Survey Dullatur Golf Club, 1A Glen Douglas Drive, 2 Tryst Road Cwd Licence number 100023396. Craigmarloch, Cumbernauld. Cumbernauld A G67 1JW *Representation I Proposed Conditions:-

1. That before the development hereby permitted starts, a further planning application shall be submitted to the Planning Authority in respect of the following matters:- (a) the siting, design and external appearance of the proposed dwellings and other structures; (b) the means of access to the site; (c) the layout of the site with parking provision to the Council’s standards (d) the details of the hard and soft landscaping of the site; (e) details of any landscaping to be removed to accommodate development on the site; (f) the design and location of all boundary walls and fences; (9) details of existing and proposed site levels with particular regard being paid to the visual mitigation of any retaining feature which may be required depending on proposed site levels; (h) the provision of drainage works; (i)the disposal of sewage; (j) details of area to be used for the storage and access to each plot during the construction stage of the development.

Reason: To enable the Planning Authority to consider these aspects in detail and to protect the visual amenity of the nearby site of importance for nature conservation.

2. That within three years of the date of this permission, an application for approval of the matters specified in condition 1 above shall be made to the Planning Authority.

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

3. That the development hereby permitted shall be started, either within three years of the date of this permission, or within two years of the date on which the last of the matters specified by condition are approved, whichever is the later.

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

4. That notwithstanding the requirements of condition (1) above, the dwelling to be constructed on the plot furthest away from the Golf Club access road, shall be positioned in such a way that it is outwith the 40metre forward visibility splay that is required to be maintained along Glen Douglas Drive and, in particular the corner opposite no.6.

Reason: In the interests of road safety.

5. For the avoidance of doubt, no approval is hereby given for the submitted indicative layouts.

Reason: In order that the Planning Authority can consider the design and layout in detail.

6. That the design and layout of the dwellings hereby permitted shall:

a) reflect and complement the local character of the surrounding area in its height, scale, design and use of building materials. b) have regard to the Council’s Guidance on Open Space requirements for residential dwe1 Ii ngs. c) have regard to the Council’s Guidance on parking provision for residential dwellings on the minimum basis of: Houses: 1-2 bedrooms (2 spaces), 3-4 bedroom (3 spaces), 5+ bedrooms (4 spaces) d) have regard to the existing streetscene and incorporate active frontages on gables where they front onto Glen Douglas Drive. Reason: In the interests of the residential amenity of the area.

7. That PRIOR to the commencement of development, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water can be fully met to demonstrate that the development will not have an impact on their assets, and that suitable infrastructure can be put in place to support the development.

Reason: To ensure the provision of satisfactory drainage arrangements. Backaround PaDers:

Representation Letters

Letter from Mr Alexander McAllister, 30 Glen Douglas Drive, Craigmarloch, Cumbernauld received 9th August 2012 Letter from Mr Gary Marshall, 28 Glen Douglas Drive, Cumbernauld, G68 ODW received 2nd August 2012 Letter from Eric & Anne Campbell, 24 Glen Douglas Drive, Craigmarloch, Cumbernauld received 8th August 2012 Letter from Theresa J Beattie, 2 Glen Douglas Drive, Craigmarloch, Cumbernauld received 8th August 2012

Consultation Responses:

Memo from Traffic & Transportation dated 1Oth August 201 2 Memo from Environmental Health (including Pollution Control) dated 31st August 201 2. Memo from NLC Greenspace dated 23rdJuly 201 2

Contact Information:

Any person wishing to inspect these documents should contact Mr Jim Lennon at 01236 632521

Report Date:

15th October 2012 APPLICATION NO. 12/00721/PPP

REPORT

1. Site DescriDtion

1.I This planning application seeks consent for the erection of 2 dwellinghouses at Dullatur Golf Club, 1A Glen Douglas Drive, Cumbernauld. The site is immediately to the west of the vehicle access to the Golf Club and amounts to some 930 square metres. The site is bounded by the Golf Club car park to the north, the access road with maintained grassed are beyond to the west and by Glen Douglas Drive with dwellings beyond to the south and east.

1.2 The site consists of a landscaped and a grassed area that had been implemented as part of the development of the area.

2. Prooosed DeveloDment

2.1 The application is for permission in principle for the erection of 2 two storey detached dwellinghouses on a piece of landscaped ground within the Craigmarloch area of Cumbernauld. An indicative layout has been submitted which shows each dwelling being accessed off of separate driveways with the dwelling unit furthest away from the golf club access being set back further off Glen Douglas Drive due to the 40 metre forward visibility requirement that was a condition of the previous planning approval for the area. Both plots are fairly large with one being circa 477sqm and the other larger at 536sqm and are fairly level and regular in shape.

3. Amlicant’s Suwortina Information

3.1 None.

4. Site History

4.1 Other recent planning applications by the Golf Club:-

* 06/01 637/OUT Residential Development Granted 4/04/07 06/01 638/OUT Residential Development Withdrawn 3/07/07 0 07/01 786/FUL Construction of Replacement Tennis Courts and Bowling Green Granted 28/12/07 07/01787/FUL Construction of Replacement Greenkeeper’s Shed Granted 28/12/07 08/00872/FUL Construction of Greenkeeper’s Shed and Buggy Store Granted 5/08/08 0 09/00291/FUL Construction of 18 Detached Dwellinghouses Granted 21/12/09 10/00694/TPO Proposed Tree Works Withdrawn 24/05/11

5.

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

5.2 The adopted North Lanarkshire Local Plan identifies the site as being within Policy HCF 1A (Residential Amenity). The purpose of this policy is to protect residential areas from inappropriate development. Developments of an ancillary nature to housing areas such as guest houses, children’s nurseries, medical surgeries or retail for local needs would also be acceptable subject to assessment against impact on residential amenity and provision for servicing and parking. 6. Consultations

6.1 A summary of comments from consultees is as follows:-

a) Roads and Transportation have no objections to the proposal subject to conditions including, that the 40m forward visibility requirement that was sought and implemented as part of a previous development is maintained on Glen Douglas Drive around the bend to the southeast of the Golf Club access and that parking provision is in accordance with Roads standards.

b) Protective Services have no objections subject to conditions relating to Construction noise, dust generation, no burning of waste and obtrusive lighting.

c) NLC Greenspace have no objections subject to conditions that any tree or scrub removal is to take place outwith the breeding season.

7. Rewesentat ions

7.1 Following the standard neighbour notification procedure and advertisement in the local press, 4 letters of representation were received. The objections and my comments thereon may be summarised as follows:-

* The proposed 2 storey will overlook existing properties in the area, thereby reducing privacy. Comment: The application is in principle only, therefore there are no detailed proposals to assess as yet. It is considered, however that 2 dwellings can be achieved on the site, whilst complying with Council standards in terms of acceptable window to window distances and privacy.

The proposal will put further pressure on an existing overcrowded school and doctors surgery. Comment: It if highly unlikely the an additional 2 dwellinghouses will have an impact on the local school roll or Doctor’s Surgery.

The green areas are constantly being built upon, thereby losing the streets semi-rural appeal and natural habitat for wildlife such as birds, bats and badgers. Comment: It is considered that the loss of this piece of land for residential purposes will not set a precedent and that there is sufficient open space left in the nearby area. The Council’s Greenspace section have not mentioned any protected species on the site, however have recommended that any vegetation that is to be removed, takes place outwith the bird nesting season and that, if possible, treeskhrubs should be retained at the site. Conditions will be attached to any approval to ensure that only affected trees will be removed as part of the development. It is also worth noting that a landscape buffer is proposed on the eastern and northern edge of the development.

The proposal appears to extend outwith Golf club property into Council land. Comment: The Golf Club are the owners of all land within the application site.

If the principle of housing is acceptable, then this could lead to a change of use at a later date to build something completely different eg. nursing home. Comment: Every application is considered on its own merits, therefore any future application at the site will be assessed against the adopted policy at the time of submission.

0 The road is dangerous at the corner where the dwellings are proposed. If there were to be buildings on the site, the speed limit should be reduced to 2Omph. Comment: Provided that the forward visibility splay of 40 metres is maintained at the corner, Traffic and Transportation have no objections to the proposal.

0 The route is used by schoolchildren on foot and by car. Comment: As stated above, provided that the 40 metre forward visibility splay is maintained, then Roads have no objection to the proposal.

0 All the construction vehicles parked on Glen Douglas Drive would cause a problem for existing residents in the area. Comment: A condition is proposed requesting details of arrangements to be made when construction work takes place at the application site. Accessing the site from the golf car park may be an option.

There is wildlife in the trees. Comment: The Councils Greenspace Section have assessed the proposals and have not found any protected species on the site. They have commented on trees not being removed during the bird nesting season.

0 There are breeding swans on nearby land that could be affected by the construction work. Comment: The Councils Greenspace section have made no comment on the possible effect on swans in this vicinity.

0 The proposed development will not enhance, improve or add anything positive to the area. Comment: The application has to be considered on its own merits and it is considered that a development of 2 dwellings at the site is acceptable, subject to detailed design of dwellings and layout being submitted and approved as a result of future reserved matters application(s) being submitted.

8. Plannina Assessment

8.1 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. As the development is not of strategic importance the relevant policies are contained in the adopted North Lanarkshire Local Plan.

8.2 DeveloDment Plan- North Lanarkshire Local Plan: The principal policy within the adopted plan for the area is HCF 1A (Residential Amenity), where there is a presumption against developments detrimental to residential amenity in primarily residential areas. It is considered that the application complies with the principal policy in the emerging Local Plan. The North Lanarkshire Local Plan goes on to assess developments under policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development). In considering Policy DSP 1, it is noted that the applicant proposed to construct 2 dwellinghouses within an area designated as a residential area, therefore DSP 1 is not relevant. In considering DSP 3, due to the limited nature of the development this policy is not relevant. As the application is in principle only, there is no detailed design to consider, however the aims of DSP4 have been addressed through the imposition of planning conditions requiring the detailed design to be assessed at a later date. DSP 2 will inform the Development Management Assessment of the proposed development. Policy DSP 2 considers the location of the development. In this case the dwellings are to be located within an area identified as being within the urban area, albeit that it comprises a grassed area with landscaping. Existing infrastructure and services are in close proximity to the site and it is considered that development on this site will not have a detrimental impact on the existing streetscape nor residential amenity of the area. The location of development is therefore considered to be appropriate.

8.3 In considering the merits of the site for development, it is considered that 2 dwellinghouses can be constructed within the application site, provided that they are built in such a position that will not interfere with forward visibility for motorists and that the houses are sympathetic in design terms. It is proposed to attach conditions that will limit development of the site to specific areas, whilst ensuring that the site benefits from adequate in curtilage parking provision. It is also proposed to attach conditions and notes that will allay consultees fears in regards to their specific comments in paragraph 6.1. It is, however considered that Protective Services comments are not material planning considerations and that, should any issues arise, that they have mentioned in their response, then they can be dealt with through Environmental Legislation.

9. Conclusions

9.1 It is considered that the proposal accords with the adopted North Lanarkshire Local Plan in that the proposal accords with policy and, through the careful imposition of appropriate conditions, the site could be developed without detriment to the existing residential area. Notwithstanding the objections received to the proposed development, it is recommended that planning permission in principle be granted. Application No: Proposed Development:

12/00734/FUL CCTV Cameras at Front of Flat (2) CCTV Cameras at Back of Flat (1) and the Erection of Railings and a Gate to the Front of the Property (In Retrospect) Site Address:

14C Finlaystone Street Blairhill Coatbridge North Lanarkshire ML5 1NA

Date Registered:

16th August 2012

Applicant: Agent: Ms Margaret Rutherford N/A 14C Finlaystone Street Blairhill Coatbridge ML5 INA Application Level: Local Application Contrary to Development Plan: No

Ward: Representations: 006 Coatbridge North And 6 letters of representation received. Fulton James MacGregor, Julie McAnulty, Michael McPake, William Shields.

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The CCTV cameras, railings and gate that have been erected accord with policies HCFlA and NBE1 B3A of the North Lanarkshire Local Plan and the guidance within the Draft Supplementary Planning Guidance on the Conservation Area. lepmducod by permission Ms Magaret Rutherford fthe Otrhance Sunrpy on 14C Finlaystone Street, Blairhill, Coatbridge I Planning andby Development bhalfOfHMS0. @Crown CCTVCameras at Front of Flat (2) CCTV :opyrigttand database rifl Cameras at Back of Flat (1) and the Erection 009. All tights nsew cd. winanca Swey of Railings and a Gate to the Front of the Itemnumber iOOOt3396. Property Representation v * I G071Jw Proposed Conditions:-

1. The CCTV cameras should be removed when they are no longer required for security purposes.

In the interests of the residential and visual amenity of the area.

2. The field of vision of the CCTV cameras should, so far as practicable, not extend beyond The boundaries of 14C Finlaystone Street or any adjoining land to which the public have access.

In the interests of the privacy of neighbouring properties.

Backaround Papers:

Representation Letters

Letter from Ms J Leonard, 1 Finlaystone Street, Coatbridge, ML5 INA received 1 Ith September 2012

Letter from Mr Gerard Creaney, 14A Finlaystone Street, Coatbridge received 27th August 201 2

Letter from Mr Andrew Gardner, 178 Wood Street, Coatbridge, ML5 1LX received 11th September 2012

Letter from Mr Gregor Black, 14D Finlaystone Street, Coatbridge received 25th August 2012

Letter from Mr Gerard Bollen, 17 A Wood Street, Coatbridge, ML5 ILX received 14th September 2012

Letter from Mr Gerard Irvine, 6C Finlaystone Street, Coatbridge, ML5 1NA received 1'' October 2012

Consultation Responses:

None

Contact Information:

Any person wishing to inspect these documents should contact Ms Alison Williamson at 01 236 632 507

Report Date: 15'h October 201 2 APPLICATION NO. 12/00734/FUL

REPORT

1. Site Description

1.I The application property is a lower flat within a traditional sandstone four-in-a-block property located on Finlaystone Street in the Blairhill and Dunbeth Conservation Area, Coatbridge. The property is bounded by properties of a similar age, design and character within the Conservation Area. There is a mixture of tenement flatted properties and larger semi-detached and detached properties on Finlaystone Street.

2. Proposed Development

2.1 This is a retrospective application for the erection of three CCTV cameras, two to the front of the property and one at the rear. In addition retrospective planning permission is sought for the erection of two gates, railings and plant troughs around the bay window to the front of the property.

2.2 The CCTV cameras that have been erected are located on either side of the bay window to the front of the property and on the rear elevation of the application property. All three of the CCTV cameras are small and silver in design and attached to the exterior walls of the property.

2.3 The railings and gate that have been erected at the front of the property are black galvanised metal with gold finials and detailing. It is noted that three metal troughs to hold window boxes have also been attached to the front elevation of the property below the bay window.

3. Applicant’s Sumortinci Information

3.1 The applicant has provided supporting information which details the applicant’s requirement for the CCTV cameras and the background to the erection of the railings and gate to the front of the property.

3.2 The applicant has provided background information detailing serious concerns over her personal safety and details of incidents that have been recorded by the Police. The council’s Anti-Social Task Force mediation service has also been involved with this situation. It is considered that the majority of the supporting information provided by the applicant is confidential and whilst the reasons for the erection of the CCTV cameras are relevant the assessment of the retrospective planning application must be based on the relevant planning legislation and any other material considerations.

4. Site Historv

4.1 Planning permission was approved in November 201 1 for UPVC windows to the front of the property (reference 11/00945/FUL).There is no other site history.

5. Development Plan

5.1 The proposal raises no strategic issues and can be assessed in terms of the relevant Local Plan policies.

5.2 The site is covered by policies HCFIA (Residential Areas) and NBEI B3A (Conservation Areas) of the North Lanarkshire Local Plan. Policy HCFIA of the North Lanarkshire Local Plan states that there is a presumption against development detrimental to residential amenity in primarily residential areas. Policy NBEI B3A states that designs, materials, scale and siting of any development shall be appropriate to the character of the conservation area and its setting. 5.3 Policy DSP 4 (Quality of Development) is also relevant and sets out criteria to secure high standards of site planning and sustainable design. In particular part 3 b of Policy DSP4 is relevant to this application. This part of the policy states that developments should achieve a high quality in terms of being safe and addressing personal safety, security and crime prevention. Part 3 f of policy DSP4 is also relevant and states that development should integrate successfully into the local area and avoiding harm to the neighbouring amenity by relating well to the existing context and avoiding adverse impact on existing or proposed properties through overlooking, loss of privacy or amenity, overshadowing or disturbance.

6. Consultations

6.1 No consultations were considered necessary for this application.

7. Representations

7.1 Following the standard neighbour notification procedure and an advertisement in the local press 6 letters of representation were received. All of the representations received were objecting to the planning application.

7.2 The letters of representation can be summarised as follows: e No objection to cameras at the front but object to cameras at the rear of the property covering the garden area as this is an invasion of privacy of the resident of 14D Finlaystone Street. e Concerns over the retrospective nature of the application. e Concerns over the privacy and human rights of neighbouring properties as it is believed that the CCTV cameras cover more than the application property. e Concerns that there is no signage or notification that the camera is in operation. e Concerns about the safety, security and legality of the images being recorded and what the images are used for. e The cameras are an ugly intrusion to the fabric of the building. e Concerns that the CCTV cameras cover communal areas as well as the areas of land owned by the applicant. e Belief that the CCTV cameras contravene the Data Protection Act. e The applicants photos (submitted as part of the application) taken at ground level show neighbouring properties front door, back window and kitchen window and give a false impression of what the CCTV captures. e The location plan clearly shows the block 17A, 178, 21 and 23 Wood Street this block will be clearly visible in the winter months. e The property at 17A Wood Street was not on the neighbour notification list, yet other adjacent buildings were, suggesting that the camera has a wide angle of view. e The cameras look onto the property at 178 Wood Street. e Concerns about the legality of the CCTV cameras. e Concerns about the legitimacy and suitability of the person recording the images. e The railings that have been erected detract from the overall symmetry of the building- the building that was modelled to look like one grand residence now looks one sided and divided which detracts from the building as a whole and does not comply with the heritage of the area, street or building. e The title deeds state that all paint work should be green (not black). e The building has been diminished in character and in monetary terms. e 14 Finlaystone Street is unique building originally built, shaped and characterised as one outstanding building in the conservation area of Blairhill and has been altered with disastrous results. e The railings are a lop-sided “twee” version of the original iron fencing and diminish the history of the building and those who preceded the current residents. e The character of the building and its original template should be preserved. 8. Plannina Assessment

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

8.2 Development Plan: North Lanarkshire Local Plan: The application property is in an established residential area within Coatbridge which is designated by policy HCFIA (Residential Areas) and policy NBEI B3A (Conservation Areas) of the Finalised Draft North Lanarkshire Local Plan. Policy DSP 4 (Quality of Development) is also is also relevant. The main issues to be considered are the compliance with the development plan and the effect of the development on the surrounding area.

8.3 Policy HCFI A (Residential Areas) seeks to protect the residential amenity of existing residential areas. The CCTV cameras which have been erected potentially impact on both the visual and residential amenity of the immediate area. In terms of the visual amenity of the area the camera at the rear of the property is only visible to residents within the four-in-a-blockin which the application property is located and the residents of the adjacent four-in-a-block; however it does not have a significant visual impact. The two CCTV cameras to the front of the property have more of a visual impact as they are on the front elevation and are visible to the general public. The CCTV cameras however are small and discrete and have been sited so as to minimise their impact on the external appearance of the building.

8.4 In terms of the impact on the residential amenity the main consideration would be the privacy of neighbouring properties. The CCTV cameras have been sited so that the field of vision of the cameras covers the applicant’s property and the public road at the front. The camera at the rear does not cover communal areas or land owned by neighbouring properties. The CCTV cameras are therefore considered to accord with the terms of policy HCFI A.

8.5 The railings, gates and troughs which have been erected at the front of the property also form part of this application. All of these are black metal with gold finials and details and are of a traditional style. It is considered that the railings and gates are of an appropriate style and design for the conservation area. It is not considered that the railings and gate adversely impact on the residential amenity of the area and therefore are considered to comply with policy HCFIA.

8.6 Policy NBEI B3A (Conservation Areas) of the North Lanarkshire Local Plan states that designs, materials, scale and siting of any development shall be appropriate to the character of the conservation area and its setting. It is considered that the CCTV cameras are of a scale and design which minimises their impact on the setting of the conservation area and the railings and gates are of a traditional design which is appropriate for the conservation area. The CCTV cameras, railings and gates are therefore considered to accord with policy NBEI B3A of the North Lanarkshire Local Plan.

8.7 Policy DSP4 (Quality of Development) of the North Lanarkshire Local Plan sets out criteria to secure high standards of site planning and sustainable design. In particular part 3 b of Policy DSP4 is relevant to this application. This part of the policy states that developments should achieve a high quality in terms of being safe and addressing personal safety, security and crime prevention. Part 3f of policy DSP4 is also relevant and states that development should integrate successfully into the local area and avoiding harm to the neighbouring amenity by relating well to the existing context and avoiding adverse impact on existing or proposed properties through overlooking, loss of privacy or amenity, overshadowing or disturbance.

8.8 The CCTV cameras have been installed by the applicant to protect her property and for the purposes of personal safety and security. The CCTV cameras are not considered to harm the neighbouring amenity and do not adversely impact on the neighbouring properties in terms of loss of privacy or amenity. The cameras are focused on the property under the ownership of the applicant and their field of vision does not raise any concerns in terms of privacy or neighbouring amenity. It is therefore considered that the CCTV cameras accord with policy DSP4.

8.9 In terms of policy DSP4 the railings and gates have been erected for security as well as decorative reasons. It is considered that the railings and gates integrate into the local area and relate to the context of the conservation area. A number of other properties within the same terrace on Finlaystone Street have black metal gates and another property in the terrace has black metal railings to the front. The railings, gates and troughs are not considered to harm the neighbouring amenity and therefore accord with policy DSP4.

8.10 Representations: In terms of the objections received I would comment as follows: e The use of CCTV cameras for domestic security purposes is not covered by the data protection act. e Whilst this planning application is in retrospect, the retrospective nature of the planning application is not considered to be of concern. The applicant was unaware that planning permission would be required for the erection of CCTV cameras and the erection of railings and a gate and following an enforcement complaint a retrospective application was submitted in order to try and regularise the situation. e Concerns over the privacy of the resident of 14D Finlaystone Street from the CCTV camera at the rear - the feed of the rear camera has been viewed, this camera is directed on land at the rear of the applicants property and does not cover any other land. e Signage and notification of the CCTV cameras is not a requirement of the planning legislation. e In terms of the use of the images that are being recorded this is not a planning consideration and any concerns over this would be a matter for the Police. e In terms of the visual impact of the cameras on the appearance of the property the cameras are small and discrete and have been sited to minimise their impact on the external appearance of the property. e The photos that the applicant submitted with the application were to show the location and context of the CCTV cameras, not the field of vision of the CCTV cameras. e The location plan is for the purposes of identifying the application property it does not represent the properties that are in the field of vision of the CCTV cameras. e The property at 17A Wood Street was not on the neighbour notification list because it does not fall within 20 metres of the boundary of the land for which the development is proposed as defined by the neighbour notification requirements of Regulation 18 of the Development Management Procedures. e The property at 178 Wood Street is not within the field of vision of the CCTV camera at the rear of the property. e The legality of the CCTV cameras can only be looked at in terms of planning legislation and in terms of the planning legislation the cameras require planning permission due to the location on a flat within a conservation area. e Concerns about the legitimacy and suitability of the applicant are not a planning consideration and any such concerns should be raised with the Police. e In terms of the comment that the railings detract from the overall symmetry of the building, whilst the railings and gate have been erected to one side of the property and therefore the property is no longer symmetrical, this is not considered to be a significant enough issue to warrant the refusal of the application. e Title deeds are legal documents and any issues relating to title deeds are a legal matter and not a planning consideration. e It is not considered that the character of the building has been diminished by the works that have been carried out and the value of the property is not a planning consideration. 0 It is not considered that the alterations that have been carried out to which this application relates have had a “disastrous” result on the building. 0 In terms of the comment that the railings are a lop-sided ‘?wee” version of the original iron fencing and diminish the history of the building the railings that have been erected are considered to be of a traditional design and it is not considered that they diminish the history of the building. 0 The character of the building should be preserved and it is not considered that the railings, gate and CCTV cameras significantly diminish the character of the building.

8.1 1 Other Material Considerations: Draft Supplementary Planning Guidance 28 on the Blairhill and Dunbeth Conservation Area has been produced as well as Draft Supplementary Guidance 31 on Conservation Areas. This guidance states that new development needs to be designed to be sympathetic to the character and appearance of the conservation area and that any alteration or new development within the Conservation Area should preserve and respect the design, scale, proportions, materials and detailing of the host and adjoining properties, where these contribute positively to the character of the conservation area.

8.12 It is considered that the CCTV cameras, railings and gates accord with the Draft Supplementary Planning Guidance as these developments are considered to be sympathetic to the character and appearance of the conservation area and the materials that have been used respect the materials of the adjoining properties.

9. Conclusions

9.1 The CCTV cameras, railings, gates and troughs that have been erected are considered to accord with policies HCFlA and NBEI B3A of the North Lanarkshire Local Plan and the Draft Supplementary Planning Guidance on Conservation Areas. The CCTV cameras are small and discrete and have been sited so as to minimise their impact on the external appearance of the building. The CCTV cameras are directed towards land that is owned by the applicant that would have a direct impact on the security of the applicant’s windows and the coverage from the cameras has been viewed to ensure that there are no concerns over the privacy of neighbouring properties. The railings and gates that have been erected are of a traditional style and design and are not considered to adversely impact on the amenity of neighbouring properties or the conservation area. Accordingly and notwithstanding the objections received it is recommended that retrospective planning permission be granted.

9.2 It should be noted that a site visit and hearing has been requested by Mr Gerard Creaney of 14A Finlaystone Street. Application No: Proposed Development:

12/00772/FUL Part Change of Use of Sandwich Shop to Hot Food Take Away Site Address:

133 Gartsherrie Road Gartsherrie Coatbridge

Date Registered:

17th July 2012

Applicant: Agent: Ms Carrie-Anne Hume N/A Frascal's Foods 133 Gartsherrie Road Gartsherrie Coatbridge ML5 2EU Application Level : Contrary to Development Plan: Local Application No

Ward: Representations: 006 Coatbridge North And Glenboig 21 letter(s) of representation received Fulton James MacGregor, Julie McAnulty, Michael and 3 Petitions. McPake, William Shields, 2 Petitions - object - 101 signatures 1 Petition - support 27 signatures

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed partial change of use is considered to be generally in accordance with the adopted Local Plan and it is also considered that the proposal will not have a detrimental impact on the residential amenity of the area. ,..: ...... /

...... a 9 2 * 21 Representations in total. 2 Including Cllr. B. Shields 18 Outwith plan area. 3 Petitions'of 128 names. 196.9171 I -/-..- Uj PLANNING APPLICATION 12/00772/FUL n Lpoduced by permission Produced by if the Ordnance Survey on Part Change of Use of Sandwich Shop to Planning and Development rehalf of HMSO. 63 Crown Hot Food Take Away Environmental Servi bpyright and database right North Lanarkshire C 912. All rightsreswed Fleming House Xdnance Survey 133 Gartsherrie Road, Gartsherrie, 2 Tryst Road .icence number 100023396. Coatbridge Curnbernauld A G67 1JW I * Representation Proposed Conditions:-

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

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

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

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

3. That, except as may otherwise be agreed in writing by the Planning Authority and for the avoidance of doubt, noise associated with the completed development shall not give rise to a noise level, assessed with the windows open, within any dwelling or noise sensitive buildings in excess of the equivalent to Noise Rating Curve (N.R.C.) 35 between 07.00 hours and 22.00 hours and N.R.C. 25 at all other times.

Reason: In the interest of the amenity of the site and the general area.

4. That, except as may otherwise be agreed in writing by the Planning Authority and for the avoidance of doubt, all ventilation flues should terminate at least 1 metre above the eaves of the property and should be sufficient to remove any odours from the premises.

Reason: In the interest of the amenity of the site and the general area.

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

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

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

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

Representation Letters Letter from Councillor Bill Shields, 43 Drumpellier Avenue, Coatbridge, ML5 1JS received 9th August 2012 Letter from Mrs Josephine Ferguson, 15 Townhead road, Townhead, Coatbridge received 27th August 2012 Letter from Mrs J Anjum, 60, Redbridge Court, Coatbridge received 27th August 2012 Letter from Mr Gerry, Michelle and Ryan Gorman, 17, Blairpark Avenue, Coatbridge received 16th August 2012 Letter from G & A Ventisei, Sandros & Sons Ltd, 139 Gartsherrie Road, Coatbridge received 7th August 2012 Letter from Ms Carrie-Anne Hume, 23 Woodend Road, Mount Vernon, Glasgow received 13th August 2012 Letter from Mr William Hunter, 89 Gartsherrie Road, COATBRIDGE, Coatbridge received 13th August 2012 Letter from Mr David and Margaret Tennent, 20, Blairpark Avenue, Coatbridge received 16th August 2012 Letter from Mr Eion Cleary, 19 Dalveen Quadrant, Coatbridge, ML5 4RN received 21st August 2012 Letter from Miss A Patek, 27c Murray Place, Stirling, FK8 1DQ received 27th August 2012 Letter from Simply fillin Davina and Stephen Mc Sharry, 137 gartsherrie road, Gartsherrie, Coatbridge received 14th August 2012 Letter from Miss Victoria Copland, 1 1 Lochend Avenue, Glasgow, G698bg received 12th September 2012 Letter from Caroline Robertson, 21 8 Lomond Road, Townhead, Coatbridge received 21st August 2012 Letter from Mr & Mrs Wilkie, 3 Coulter Avenue, Gartsherrie, Coatbridge received 21 st August 201 2 Letter from Mrs Keenan, received 21st August 2012 Letter from Sam Campbell, 17 Frederick Street, Gartsherrie, Coatbridge received 21st August 201 2 Letter from D Tennent, 17 Blairpark Avenue, Espiside, Coatbridge received 21st August 2012 Letter from Kamrans Indian Takeaway, Gartsherrie Road, Coatbridge, ML5 2EU received 21 st August 2012 Letter from Mr lkram Saleem, Easterlonridge Farm, East Whitburn, West Lothian received 13th August 2012 Letter from Mrs Margo Taylor, 1 Haldon Grove, Glenboig, Coatbridge received 13th August 2012 Letter from Mr William Fairfull, 63 Cherrybank Walk, Airdrie, ML6 OLY received 4th September 2012 Letter from Miss Keeley Collier, 11 Sidlaw Court, Shawhead, ML5 4LD received 16th August 201 2 2 Petitions from Simply fillin Davina and Stephen Mc Sharry, 137 gartsherrie road, Gartsherrie, Coatbridge received on 21 August and 20 September 2012 1 Petition from Ms Carrie-Anne Hume, 23 Woodend Road, Mount Vernon, Glasgow received 12'h September 2012

Consultation Responses:

Environmental Health (including Pollution Control) Memorandum received 27 July 2012 Traffic & Transportation Memorandum received 03 October 2012

Contact Information:

Any person wishing to inspect these documents should contact Ms Lisa Smith at 01236 632522

Refort Date: 15' October 2012 APPLICATION NO. 12/00772/FUL

REPORT

1. Site Description

1.1 The application site is located on Gartsherrie Road within an existing Neighbourhood and Local Centre. The application property is a flat roof single storey terraced shop unit that was formerly a Butchers Shop and is presently operating as a sandwich shop. Surrounding units include a Premier Convenience Shop, a Betting Shop, three Hot Food takeaways, a newsagent that sells sandwiches and an element of hot food, a sandwich shop that has a hot food element also, a hairdresser, a clothes collection shop and a Public House.

2. Proposed Development

2.1 The proposed development is the Part Change of Use of Sandwich Shop to Hot Food Take Away. There will be no external changes to the shop other than signage to the front and a flue to the rear.

3. Applicant's Sumortina Information

3.1 The applicant has confirmed that hot food will be sold mainly in the morning and afternoons with the hot food element being supplementary to the cold food being served. Primarily the shop will sell salads, pastas, filled rolls etc. As such the applicant has confirmed that the proposed development will not be a Chinese, Indian, Chip Shop or takeaway shop. The applicant considers that the proposed development will not cause significant harm to amenity or significantly increase the number of cars visiting the area, highlighting that this established shopping area currently operates without dedicated car parking. Notwithstanding this, the applicant states that there is on street parking nearby and that the proposed development can also be accessed by a variety of transport modes and not predominantly by car.

In terms of noise, the applicant has stated that the area is already subject to high noise levels due to volume of traffic and pedestrians. The applicant considers that the proposed development will not significantly add to existing experienced noise levels or litter. The applicant has stated that the catchment area of the Neighbourhood and Local Centre includes Townhead, Espiesdie, Drumpellier and Blairhill and the shop proposed would result in two sandwich shops for a large area.

4. Site Historv

4.1 Alterations to Shop Front to Create Two Shop Units - 09/01434/FUL granted 31" March 2010

5. Development Plan

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

5.2 The adopted Local Plan is the North Lanarkshire Local Plan which designates the area as Policy RTC 1C(Protecting the North Lanarkshire Centre Network - Neighbourhood and Local Centres). In addition, Policy RTC 3B Assessing Retail and Commercial Leisure Development - Bad Neighbour Development is also relevant.

6. Consultations

6.1 Protective Services have recommended conditions regarding noise and ventilation.

6.2 Traffic and Transportation have recommended that the application be refused due to the lack of parking provision to accommodate the expected increase in vehicular traffic to the proposed development. They have also confirmed that there are parking restrictions on Gartsherrie Road in the immediate vicinity of the site by means of zig zag road markings in association with a puffin crossing. There is also a Traffic Regulation Order which prevents parking at any time from Monday to Saturday on both sides of Gartsherrie Road, in the vicinity of the proposed development site.

7. ReDresentations

7.1 Twenty letters of representation and three Petitions have been received. Of the twenty letters received, eight are in support and twelve object. One further letter was received which was clarifying the identity of a supporting letter. Two of the Petitions listed objections and have a total of one hundred and one signatures, whilst one was in support and has twenty seven signatures. The applicant, Ms C A Hume, an objector Mrs D McSharry and Councillor McPake have requested a site visit and hearing.

The following is a summary of comments that have been made:-

Obiections

- Litter. - Over provision. - Parking. - Another food shop will result in more children hanging around the area near a dangerous road. - Allowing another shop contradicts the Governments Healthy Eating Policy - Residents would rather have a Chemist which was declined. - The proposal offers the same service and trade hours as another shop on the road and a snack bar that is in walking distance. - Another food shop to be aimed at the school children. - The area does not need any shops like the one proposed.

SUPPOrt

- This new business could be a welcome boost to the local community and economy. - The new school opening, the container terminal and passing trade should generate enough business. - A wider choice is welcomed. - The new business fills an empty shop and creates employment. - Traffic and litter issues are not going to change significantly because of the new development. - The previous unit, where the proposed development would be located, sold a small range of hot and cold rolls. - Healthy competition is welcomed.

8. Plannina Assessment

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

8.2 Development Plan - North Lanarkshire Local Plan:

The adopted Local Plan is the North Lanarkshire Local Plan which designates the area as Policy RTC lC(Protecting the North Lanarkshire Centre Network - Neighbourhood and Local Centres). This policy seeks to protect the network of centres as the continuing focus of retail, leisure, civic and community uses and sets out acceptable uses for Neighbourhood and Local Centres. Policy RTC 38 Assessing Retail and Commercial Leisure Development - Bad Neighbour Development is also relevant. This policy sets out that planning permission will only be granted where it can be demonstrated by the applicant that amenity would not be adversely affected. It also states that assessment of proposals will also take account of the cumulative impact of such developments.

8.3 The development requires to be assessed in terms of Policy RTC 1C. The location of the proposed development is a long established Local Shopping Area in which there is twelve units. There is one empty shop, a premier convenience store, a betting shop, three hot food takeaways, a newsagent which sells an element of hot food, a sandwich shop which sells an element of hot food, a hairdresser, a clothes collection point and a Public House. North of the application area there are single storey semi detached dwellings, a bowling green and to the north east there is an empty school and a freightliner terminal. The wider area is residential with flatted dwelling-houses but mainly semi-detached two storey buildings. Gartsherrie Road is a busy access road to Coatbridge. Therefore, in terms of Policy RTC 1C, the inclusion of a hot food element in an existing sandwich shop can be considered to accord with Policy RTC 1C.

8.4 As the proposed development involves the sale of hot food Policy RTC 38 is of relevance. This policy requires the development to be assessed in terms of being a Bad Neighbour Development or creating a cumulative impact that would adversely affect the Neighbourhood and Local Centre and the amenity of the wider residential area. The applicant has confirmed that the hot food proposed will be supplementary to the cold food being served at present and will be sold mainly in the morning and afternoons. Objectors have complained on competition grounds, obesity/healthy eating and over provision of hot food establishments. At present there are three hot food take-away establishments that operate beyond standard nine to five opening times. In terms of morning and afternoon provision of cold and hot food there are currently two existing shops and the proposed development would result in three. On looking at this, and taking into consideration that a sandwich shop can operate in the proposed development location without planning permission, the introduction of a hot food element is not considered to create a significantly detrimental cumulative effect. On this basis, it is considered that the proposed development is not contrary to Policy RTC 3B.

8.5 Consultation: Roads and Transportation have recommended that the application be refused due to the lack of parking provision to accommodate the expected increase in vehicular traffic to the proposed development. They have also confirmed that there are currently parking restrictions on Gartsherrie Road, in the immediate vicinity of the site by means of zigzag road markings in association with a puffin crossing. There is also a Traffic Regulation Order which prevents parking at any time from Monday to Saturday on both sides of Gartsherrie Road in the vicinity of the site. The proposed development is located in an established Local Shopping Area with the existing shopping units and the public house in the area subject to the parking restrictions detailed above. Given that a sandwich shop can open at this locale without requiring planning permission, it is considered that there is insufficient justification to warrant refusal of the proposed development.

8.6 Consultation: Protective Services comments will be covered by planning conditions.

8.6 Representations:

Point of Objection: Another food shop will damage the area through litter generation.

Comment: Litter is a matter for Environmental Heath and a sandwich shop with subsidiary hot food provision does not require planning permission.

Point of Objection- There is an over provision of hot/cold food shops which could lead to shop closures, job losses and affect trade in the area. Comment: Competition is not a material planning consideration.

Point of Objection - Parking is an issue.

Comment: Although there is no dedicated parking, the application site is an existing shop in an established local shopping parade.

Point of Objection: - Will result in children congregating near a dangerous road.

Comment: There is a pedestrian guardrail and a pelican crossing close to the application site.

Point of Objection: - Close location to new school contradicts the Governments Healthy Eating Policy to tackle obesity.

Comment: This is not a material planning consideration.

Point of Objection - Residents would rather have a Chemist which was declined.

Comment: This is not a material planning consideration.

Point of Objection - The proposal offers the same service and trade hours as another shop on the road and a snack bar that is in walking distance, it is hard enough in the present financial climate.

Comment: Competition is not a material planning consideration.

Point of Objection - The area does not need any shops like the one proposed, it needs something that the area can benefit from.

Comment: Planning Policy does not give the Council as Planning Authority the power to force developers or establishments to open in particular areas.

Point of Objection - Another food shop to be aimed at the school children.

Comment: This is not a material planning consideration.

The Committee may wish to note the following points of support as detailed below:

- This new business could be a welcome boost to the local community and economy, it fills an empty shop and creates employment. - The new school opening, the container terminal and passing trade should generate enough business. - A wider choice and a healthy alternative from the chip shop is welcomed - Traffic and litter issues are not going to change significantly because of the new Development. - The previous unit, where the proposed development will be located, sold a small range of hot and cold rolls. - Healthy competition is welcomed.

9. Conclusions

9.1 In conclusion, the proposed development is considered to comply with Policies RTC 1C and RTC 3B of the North Lanarkshire Local Plan. The impact of the proposed development is considered acceptable subject to the recommended conditions.

9.2 A site visit and hearing has been requested by Cllr McPake, Ms C A Hume (applicant) and Mrs D McSharry. Application No: Proposed Development:

12/00811/LUC Recycling of Demolition Materials and Skip Hire from Established Yard Site Address:

150 Drumcavel Road Muirhead Glasgow North Lanarkshire G69 9ES

Date Registered:

25th August 2012

Applicant: Agent: Wm. Goodfellow (Contractors) Limited Paul Gallagher 150 Drumcavel Road Miller Samuel LLP Muirhead RWF House Glasgow 5 Renfield St G69 9ES Glasgow G74 4SF

Application Level: Contrary to Development Plan: Other Application Level Not applicable.

Ward: Representations: 005 Strathkelvin No representation received. William Hogg, Frances McGlinchey, John McLaren, Brian Wallace,

Recommendation: Approve

Reasoned Justification: That sufficient evidence has been submitted to prove that on the balance of probability the site has been used continuously over a ten year period and in a manner that would support the claimed lawfulness of the current use on site. Repmduced by permission Produced by d the Ovehance Suwg on 12100811 llUC Planning and Development behalfofHMSO. @Crown Wm. GoodsllowIContractors) Limited Environmental Semi Copyngtt and dathase n&t 150 Drumcavel Road, Muirhead, Glasgow, 069 9ES North Lanarkshire C 2009. All nghb resew ed. Recycling of Demolition Materials and Skip Hire from Fleming House Ordnance Suwey Established Yard 2 Tryst Road Lic em e num ber 100023398. Cumbernauld G87 IJW Proposed Scope of Certificate:-

That the development to which this certificate relates shall be carried out strictly in accordance with the approved details submitted as part of the application, for the avoidance of doubt activities on site shall be confined to the areas outlined on drawing 161561J-003 and no change to those details shall be made without prior written approval of the Planning Authority.

Reason: To define the certificate and clarify the drawings on which this approval of certificate is founded. Backaround Paoers:

The applicant has provided the following information:

0 An extract of 22 delivery notes relating to controlled waste documentation license SW U01 7635. 8 letters from long standing current employees.

0 Delivery invoices relating to recycled material.

Consultation Responses:

None sought.

Contact Information:

Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01236 632524

Report Date:

1 !ith October 201 2 APPLICATION NO. 12/00811/LUC

REPORT

1. Site Description

1.I The application for a Certificate of Lawfulness for Existing Use relates to an area of land at 50 Drumcavel Road. The site is situated within an area characterised by a mix of uses and lies between two main settlement clusters with the area being bordered by open fields to the south and west, two secluded dwellings to the east, and a row of 4 semi detached and 1 detached houses to the north. Although the site itself is relatively level, in places it generally slopes gently away from the road to the front. The site is partially screened by a 2 metre timber close board fence running along the boundary with the access road and mature planting along this boundary. The site takes direct access onto surfaced unadopted road before meeting Drumcavel Road and shares an access with the adjacent two dwellings to the east.

2. Claimed Lawful Development

2.1 The site which forms a contractors yard which in addition is also used for a building materials recycling operation. The site incorporates a main office and workshop building with associated parking, an adjacent temporary single storey modular building, fuel storage area, Weigh Bridge, to the west lies the main stockpile area with a smaller working stockpile adjacent to the workshop area. The applicant claims that this site has been in operation as a recycling yard for at least 10 years.

3. Applicant's Supportina Information

3.1 In order to support their claim that the site has been in use for 10 years the applicant has provided the following information:

a) An extract of 22 delivery notes relating to controlled waste documentation license SWW017635. b) 8 letters from long standing current employees.

c) Delivery invoices relating to recycled material.

4. Site History

4.1 The site has no recorded planning history relating directly to the operation of a recycling yard. No formal enforcement action has been taken against this use on site.

5. Development Plan

5.1 The development plan policy is not relevant to this type of application.

6. Consultations

6.1 No consultations were undertaken as part of this application.

7. Representat ions

7.1 There is no provision to carry out neighbour notification for thi type of application a as a result, no letters of representation were received.

8. Plannina Assessment

8.1 The relevant test of the evidence on such matters is the 'balance of probability' not the stricter, criminal burden of proof 'beyond reasonable doubt'. The appropriate legislation is the Town and Country Planning (Scotland) Act 1997, Sections 150 to 152. The development plan is not a material consideration, as it is the lawfulness of the development which is being assessed and not its acceptability.

8.2 The main consideration for this application is whether the site has been used for the recycling of building material and skip hire for at least 10 years. Currently there is no dubiety over the site’s current use for recycling of building material and skip hire. In order to support the application, the applicant has provided documents relating to the site.

8.3 The first set of documents is an extract of 22 delivery notes relating to controlled waste documentation. Whilst these extracts are useful in defining activity on the site, they are undated and of limited use in establishing when activity on the site began.

8.4 The applicant also submitted supporting letters from employees which corroborate the claim that the site has been used for the claimed use in excess of 10 years. These statements are useful in their content and are supported by further documentation from a dependable source (delivery invoices relating to recycled material) which ties a specific use on the site to a specific period of time.

8.5 Given the foregoing, it is considered that the applicant has provided enough supporting documentation to prove, on the balance of probability, that the site has been in use for recycling of demolition materials and skip hire from an established yard for 10 years.

9. Conclusions

9.1 In conclusion, having regard to the foregoing, it is accepted that the site currently operates as recycling centre and skip hire business and it is considered that sufficient information has been provided to ascertain that, on the balance of probabilities the site has been used in this manner for 10 years. The use of this land as a recycling and skip hire business may therefore be considered lawful at this time and thereby it is recommended that the application for a Lawful Use Certificate be approved for the noted reason subject to condition in order to clarify the location of uses within the site. Application No: Proposed Development:

12/00833/PPP Erection of Detached Dwelling Site Address:

Land East Of 39 Bellside Road Bellside Cleland Motherwell MLI 5NP

Date Registered:

25th July 2012

Applicant: Agent: Mr Hamilton Craig Smith (A.D. Plans Ltd) 39 Bellside Road The Old Church Road Cleland Angle Street MLI 5NP Stonehouse ML9 3LB

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 01 9 Murdostoun 3 letters of representation received. Alan Clinch, Robert McKendrick, Nicky Shevlin, John Taggart,

Recommendation: Refuse

Reasoned Justification:

The proposed dwellinghouse is contrary to the requirements of Policies HCF 1A and DSP4 of the North Lanarkshire Local Plan in that it would adversely impact upon the amenity space of the existing dwellinghouse at 39 Bellside Road. Furthermore the applicant has failed to demonstrate mitigation measures can be implemented to address issues of noise and vibration from the adjacent railway. Repmduced by permission 1 12/008331PPP Produced by dtheOhance Suwq on Mr Hamilton Planning and Development Environmental Semi North Lanarkshire Council Fleming House 2 Tryst R bad Cumbernauld A G87 IJW Recommendation: Refuse for the Following Reasons:-

1. That the proposed dwellinghouse is contrary to Policies HCF 1 A and DSP4 of the North Lanarkshire Local Plan in that the proposed dwelling would adversely impact upon the amenity space associated with 39 Bellside Road as the resultant amenity space would be sub standard in terms of the Council’s Minimum Open Space Standards around dwellings.

2. That the applicant has failed to demonstrate that acceptable measures to mitigate the adverse impact of noise and vibration from the adjacent railway to the north of the site can be provided. Backaround Papers:

Representation Letters

Letter from Mr & Mrs Henry Johnston, 66 Bellside Road, Cleland, Motherwell received 20th August 2012. Letter from Mr & Mrs Alex Addison, 50 Bellside Road, Cleland, Motherwell received 20th August 2012. Letter from Mr W Thomson, 52 Bellside Road, Cleland received 23rdAugust 2012.

Consultation Responses:

Memos from Transportation received 28'h August and 8'h October 201 2 Memo from Protective Services received 13'h August 2012 Memo from Greenspace Services received 27'h August 201 2 Letter from Network Rail received 1Oth August 2012

Contact Information:

Any person wishing to inspect these documents should contact Mr Fra ?r Miller t 01 236 632503

Report Date:

16'h October 2012 APPLICATION NO. 12/00833/PPP

REPORT

1. Site Description

1 .I The application site lies to the east of 39 Bellside Road. The site is triangular in shape running along the length of Bellside Road in the direction of the roundabout at the junction with the A71. The site is relatively shallow at 8.6 metres and bounded by the raised railway line to the north, dwellings to the south and west and by the A73 to the east. The land to the north comprises of a number of mature and semi mature trees that in places branch out over the site. A one metre high timber fence bounds the site to the south and there is a gated access to the site from the adjacent dwelling at 39 Bellside Road. Although the ground is generally unmaintained it forms amenity space associated with 39 Bellside Road.

2. Proposed Development

2.1 Planning permission is sought in principle for the erection of a detached dwelling house. An indicative layout plan has been submitted detailing the proposed location of the dwelling at the western section of the site with the proposed access being located between the proposed dwelling and 39 Bellside Road.

3. Aoplicant's Suoportinu Information

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

4. Site Historv

4.1 An application (Ref no 241/85) was previously made for 4 houses at Bellside Road, one of which was on the current application site. Approval was given for 3 houses on 6'h November 1985; the house proposed for the present site was not approved.

5. Development Plan

5.1 The site is zoned as Policy HCF 1A (Residential Areas) in the North Lanarkshire Local Plan.

6. Consultations

6.1 Transportation raised no objections to the application subject to conditions covering the location of the access, visibility, parking and for the provision of a turning facility within the site and a 2 metres wide footway along the frontage of the site.

6.2 Protective Services requested the submission of a Site Investigation Report and the submission of a Noise and Vibration Impact Assessment given the proximity of the railway to the north.

6.3 Greenspace Services have no objections but have stated that the trees to the north and east of the site should be retained where possible,

6.4 Network Rail has raised no objections to the application.

7. Representations

7.1 Three letters of representation have been received:

1. No dimensions are shown on the plan. 2. A previous application was refused on the site in excess of 23 years ago by the previous owners of 39 Bellside Road. 3. The mature trees along the northern boundary of the site will require to be removed should the application be approved, as this ground is identified as the proposed garden area for the dwelling. 4. There would be an adverse impact on the safety of Bellside Road during the construction phase as a result of heavy vehicles having to access the site which could result in on street parking at the site. It is already difficult for two heavy goods vehicles to pass on this stretch of Bellside Road and there have been a number of occasions when the objector’s gate has been struck in addition to the lighting columns. 5. There are further concerns over road safety as many vehicles travel in excess of the 30 mph limit at this location. 6. There are concerns that only two off street parking spaces are proposed, visitors would be required to park on street which could again cause a traffic hazard. 7. There is no footpath along the frontage of the site and it is assumed that a foot path along the site frontage would be a planning requirement.

8. Plannina Assessment

8.1 In accordance with Section 25 of Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The application raises no strategic issues; it can therefore be assessed in terms of the development plan policies.

AdoDted Local Plan

8.2 In the North Lanarkshire Local Plan (NLLP) the site is zoned as HCF 1A (Residential Amenity). Policy HCFIA, states that there is a presumption against developments detrimental to residential amenity in primarily residential areas.

8.3 In assessing the development against policy HCF 1A the proposed development is located within the settlement boundary of Cleland. The application site comprises a small area of unmaintained ground, with trees lining the northern and eastern boundary that lies directly at the boundary of the built up area. The site forms part of the amenity space associated with the established dwelling at 39 Bellside Road. A number of mature trees lie at the boundaries of and overhang the site. The trees help to maintain a buffer from the dwellings on Bellside Road and the railway line and play an important function in defining the edge of the settlement. The development of a dwelling on this site, could lead to requests for the removal of these trees as they significantly overhang into this area. The reduction in tree cover at this location would erode the buffer between the built up area of Bellside and the countryside beyond that is designated as Green Belt. There is the potential for planning conditions to be utilised to protect the trees that adjoin the site, however it is considered that the impact of the development upon the amenity of 39 Bellside Road would result in the loss of all useable garden ground associated with 39 Bellside Road. It is therefore considered that the application is contrary to the established residential amenity of this property and as a result policy HCF 1A

8.4 The NLLP also requires proposed developments to be assessed against policies DSP 3 (Impact of Development) and DSP 4 (Quality of Development). Policy DSP3 requires the assessment of the impact of the development on the economic, social, or environmental infrastructure of the community. Given that the development is for a single house plot, the development is not considered to be contrary to policy DSP3.

8.5 Policy DSP 4 (Quality of Development) states that development will be permitted where sustainable design standards and site planning are achieved. In particular, proposals will need to demonstrate that: an appraisal has been carried out on the existing character and features of the site and a high quality development is achieved with design principles which lead to the creation of a distinct, successful places addressing siting, overall layout, density, form, scale, height, massing, proportion, detailing, materials and open space issues. Developments are also required to integrate successfully into the local area avoiding harm to the neighbouring amenity, avoiding adverse impact on adjacent properties through over looking, loss of privacy or amenity, overshadowing, noise or disturbance. The provision of roads, access and parking also requires to be assessed by Policy DSP4. In this case no development appraisal has been submitted. The application site comprises the eastern side amenity space associated with the dwelling at 39 Bellside Road. Whilst there is additional land associated with 39 Bellside Road to the west of the dwelling, this ground is used as the driveway and turning facility and a single garage is also located in this area. No private amenity space remains in this area and as a result of the proximity of the railway, there is no amenity space associated with this dwelling at the rear. The proposed development would result in the loss of all of the amenity space associated with the existing house at 39 Bellside Road. As a result of the proposed development the amenity space for the existing house would be sub standard in terms of the Council’s Minimum Open Space Standards around dwellings. Planning conditions could be utilised to set the parameters for the location of the dwelling within the plot and the design of the dwelling, including building heights. The issues raised by Transportation with regards to visibility splays, access position, parking and manoeuvring and for the provision of a footpath could be adequately covered by planning conditions in the event that the application were approved. However the development would result in the loss of all useable garden ground associated with 39 Bellside Road. It is therefore considered that the application is contrary to policy DSP4.

Consultations

8.6 The consultation response received from Transportation planning conditions could be utilised to secure the appropriate visibility splay, parking requirements and for the provision of a turning facility, all of which could be achieved on the proposed site in the event that the application were approved. With regards to the comments received from Protective Services requesting a Site Investigation a planning condition could be utilised to secure this requirement in the event that the application was approved. However a noise and vibration impact assessment was also required to be submitted prior to the determination of the application. Despite being requested the applicant has failed to submit the requested information. It is therefore considered that the applicant has failed to demonstrate that the noise and vibration impacts arising from the adjacent railway can be mitigated.

Representations

8.7 In response to the comments raised by the three letters of objection:

1. An appropriate scale has been detailed on the plans that were submitted in support of the application. 2. The objectors are correct that permission for the site was on the basis of three dwellings and not the four as originally applied for. 3. It is likely that if a house was approved at this site that the trees bordering the site would be adversely affected. 4. The impact of construction vehicles and the potential for on street parking at the time of construction is not a material consideration in the assessment of the application. 5. The issue of the 30mph being exceeded on Bellside Road is not a material consideration. 6. Transportation in their consultation response provided a breakdown on the parking requirements dependant on the size of the dwellinghouse proposed. The appropriate standards could be conditioned and accommodated within the site in the event that this application were to be approved. Furthermore there are no parking restrictions on Bellside Road. 7. Transportation has requested the provision of a footpath along the frontage of the site and its inclusion would subsequently further reduce the depth of the plot.

9. Conclusions

9.1 In conclusion, having due regard to the provisions of the Development Plan, the proposed development is considered to be contrary to Policies HCF 1A and DSP4 of the North Lanarkshire Local Plan in that the proposed dwelling would result in the complete loss of all useable amenity space associated with 39 Bellside Road. Furthermore the applicant has failed to demonstrate that there will be no adverse impact in terms of noise and vibration from the adjacent railway on the proposed dwelling. It is therefore recommended that the application be refused. Application No: Proposed Development:

12/00864/AMD Amendment to Condition 8 of Planning Permission 08/01461/FUL (Erection of Wind Turbine) : Change in Turbine Design including Reduction in Height of Turbine from 126.5m to 67m and Removal of Requirement for Stealth Blade Technology

Site Address:

Site North Of Orchardton Road Westfield Cumbernauld G68 9LB

Date Registered:

14th August 2012

Applicant: Agent: AG Barr Fiona Milligan c/o Westfield House Ness Horizons Centre 4 Mollins Road Kintail House Cumbernauld Beechwood Business Centre G68 9HD Inverness IV2 3BW

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 002 Cumbernauld North No letter(s) of representation received. Balwant Singh Chadha, Alan Masterton, Barry McCulloch, Alan O’Brien,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed substitution of a single wind turbine to a maximum height of 67m is in accordance with the policies of the NLLP and the amended proposals would have no significant detrimental impact on the amenity of the site or surrounding area. The previous stealth blade technology requirements of BAA as set out under condition 8 of planning permission 0808/01461/FUL have been addressed through the reduction in height of the proposed turbine to 67m. PLANNING APPLICATION 121008641AMD qepaduted ~pemission Amendment to Condition 8 of Planning Produced by ftheO&ance Suwq on Plannino and Development nhslfofHMSO. @Crown Permission 08101461fUL (Erection of Wind Environmental Services :#pyrigMandd&&ase riw Turbine] : Change in Turbine Design including North Lanarkshire Council Di2. AllrigMnsewed. Reduction in Heiaht of Turbine from 126.5m to Fleming House )rdnanee Survey 67m and Removil of Requirement for Stealth 2 Tryst Road heme number 100023396. Cumbernauld Blade Technology G67 IJW v Site North Of Orchardton Road Westfield, Cumbernauld, G68 9LB Proposed Conditions:-

1. That the 500kw wind turbine hereby approved shall not exceed 67m in height to blade tip and shall be constructed in accordance the drawings hereby approved.

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

2. That unless otherwise agreed in writing all conditions relevant to planning permission 08/01461/FUL shall fully apply to the proposed development with the exception of condition 8, which is superseded by condition 1 of this amended permission.

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

Backaround PaDers:

Representation Letters

None Received

Consultation Responses:

Glasgow Airport (BAA) received 7'h September 2012 Ministry Of Defence Estates received 7'h zeptember 201 2 Ofcom Wind Farm Enquiries received 24 August 2012 BT received 12 September 2012 The Coal Authority received 3rdSeptember 2012.

Contact Information:

Any person wishing to inspect these documents should contact Mr Colin Marshall at 01236 632497

Report Date:

8'h October 2012 APPLICATION NO. 12/00864/AMD

REPORT

1. Site Description

1.I The planning application site extends to some 0.54 hectares in area and is located to the north of Orchardton Road, Westfield, Cumbernauld. The surrounding area is predominantly industrial, characterised by the well established large scale industrial warehouse and distribution depots located within Orchardton Industrial Estate. The site is set back from the public road and close to a pond which forms part a landscaped amenity space owned and maintained by the applicant, AG Barr.

2. Proposed Development

2.1 The proposal is to vary the terms of condition 8 of planning permission 08/01461/FUL which sets out that the approved 126.5m high turbine shall consist only of a Vestas V90 type turbine using blades that have been specifically designed to utilise ‘stealth technology’ as previously agreed by BAA. This condition was required in the interests of aircraft safety by ensuring that there would be no unacceptable impacts on radar visibility when the previously approved 126.5 m high turbine is installed at the AG Barr site.

2.2 The applicant now seeks planning permission to vary the terms of condition 8 by an amended proposal to install a smaller turbine with a maximum height of 67m to blade tip at the same location. For the avoidance of doubt only the smaller turbine (67m) would be installed at the site. The turbine would provide electrical power to AG Barr with excess power set to the National Grid.

3. Applicant’s Supportincl Information

3.1 The applicant provided the following sup ort information: 0 Copy Letter from BAA dated 30‘ R April 2012 confirming BAA had no objection to a turbine of less than 70m in height and no need for stealth technology. 0 Noise Report 0 Shadow-flicker Report 0 Plans and Elevations

4. Site Historv

4.1 The relevant site history is as follows.

0 07/01902/FUL Erection of a 50m High Wind Monitoring Mast (Granted February 2008) 08/01461/FUL Construction of a Wind Turbine (Hub Height 80m, Blade Diameter 92.5m, Total Tip Height 126.25m) (Granted July 201 1)

5. DeveloDment Plan

5.1 The proposal is not deemed to be strategically significant as the proposed wind turbine has an output of only 500kw. The proposal therefore requires to be assessed against the NLLP including the assessment criteria of SPG Wind Turbine Development.

6. Consultations

6.1 There were no objections from BAA, MOD Estates, British Coal or Protective Services. 6.2 Ofcom advised there were some fixed telecommunication links within 500m of the site however none of the operators (Atkins, BT, Vodaphone) raised an objection. The exception to this is a Scottish Water fixed communication link where appropriate mitigation (if required) could be addressed via a planning condition.

7. Representations

7.1 There were no letter(s) of representation received. a. Planninq Assessment

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

8.2 North Lanarkshire Local Plan: The application site is covered by local plan policy EDI 1 (Protecting Economic Development and Infrastructure Assets) which identifies the area as a Strategic and Industrial and Business Location which presumes against development which is inconsistent with the industrial and business character of the area. The proposed development is considered to be consistent with this policy as it would provide a sustainable supply of electrical power to an existing business with excess power being provided to the national grid.

8.5 Policy EDI 3 (Assessing Economic Development and Infrastructure Proposals) supports (in principle) recycling centres, all forms of renewable energy generation and telecommunications subject to the assessment criteria set out in the SPG on Wind Turbine Developments.

8.6 The larger consented turbine (126.5m) was previously assessed on its own merits against the assessment criteria set out in the SPG Wind Turbine Developments and this was considered acceptable subject to conditions under the terms of planning permission 08/01461/FUL. As the current proposal is to involve the installation of a much smaller turbine (67m) at the same site location, it is considered the impacts would be proportionally less significant and therefore also in accordance with the SPG assessment criteria and policy EDI 3.

8.7 In particular the impact on aviation has been significantly reduced and as noted above BAA has no objection to the installation of a single turbine of 67m in height. There would be also be no significant noise impacts or incidents of shadow flicker on any sensitive receptors. Impacts on ecology and landscape were previously acceptable and the current proposals to reduce the height of the turbine at the same site would raise no new issues which have not been previously considered.

8.8 The revised turbine design may still affect some telecommunication links however appropriate mitigation may be covered by planning condition.

8.9 There were no outstanding objections from the consultation responses which could not be covered by the planning conditions as set out above.

8.10 There were no representations.

9. Conclusions

9.1 The proposed wind turbine would be significantly reduced in height from 126.5m to a maximum height of 67m and subsequently would have less of an overall impact and would not raise any new issues that have not already been taken into account in the previous planning assessment (08/01461/FUL). The revised turbine design is considered acceptable and it is recommended that planning permission be granted subject to the planning conditions set out above. Application No: Proposed Development:

12/00899/FUL Change of Use to Childrens Nursery Site Address:

2 Lindsaybeg Road Chryston Glasgow G69 9DR

Date Registered:

3rd September 201 2

Applicant: Agent: Mrs Frances Fagan NIA Snowdrop Private Nursery 28 Station Road Muirhead G69 9EH Application Level : Contrary to Development Plan: Local Application No

Ward: Representations: 005 Strathkelvin 3 letters of representation received. William Hogg, Frances McGlinchey, John McLaren, Brian Wallace,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed partial change of use is considered to be generally in accordance with the adopted Local Plan and it is also considered that the proposal will not have a detrimental impact on the residential amenity of the area. Football Omund

3epwdwed by pennirrion Produced by ltheO&ance Suney on 12~008991FUL Planning and Development nhaifdHMS0. @Crown Mrs Frances Fagan :opyrig+t and database ti# 2 Lindsaybeg Road Chryston North Lanarkshire C aos. nil tighls rerewed. Change of Use to Childrens Nursery Fleming House )nlnance Suney Representation 2 Tryst Road iceme num bar 100023396. * Cumbernauld 067 IJW Proposed Conditions:-

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

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

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

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

3. That from the commencement of the development hereby permitted, the car park adjacent to Park Road should be allocated for staff and the car park to the north of the building should be for pick up and drop off.

Reason: In the interests of traffic safety.

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

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

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

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

Representation Letters

Letter from Chryston Community Council, C/o Miss R Anderson, Hon. Treasurer, 1 Neuk Avenue received 26th September 2012 Letter from Mr William C Hepburn, 33-35 Lindsaybeg Road, Chryston, G69 9DW received 25th September 2012 Letter from Mr Scott McKay, 13 Alder Avenue, Lenzie, Glasgow received 26th September 2012

Consultation Responses:

Roads and Transportation

Contact Information:

Any person wishing to inspect these documents should contact Ms Lisa Smith at 01236 632522

Report Date:

15th October 2012 APPLICATION NO. 12/00899/FUL

REPORT

1. Site Description

1 .I The proposed application site is located in Chryston and is a modular unit supported on cement columns previously used by the Council’s Social Work Department and currently as a base for a Community Shop on a part time basis. It shares an access road and location with a Council Retirement Home and a now closed public library. The Chryston Business Centre (a series of modern brick built buildings) and a school are located to the north, a public park, housing and shops are located to the south, and housing is located to the west and east.

2. Proposed Development

2.1 The proposed development is a change of use from an Office to a Children’s Nursery which will employ 5 staff with provide 10 car parking spaces and a garden to the rear of the building. The garden is currently used by the Care Home and will be fenced off by the Nursery with a 2 metre high fence.

3. Applicant’s Supportina Information

3.1 The applicant is relocating an existing local children’s nursery, established in 1995, and is currently located in the Girls Guide Halls, opposite the proposed development site. It employs 5 local staff and serves local and surrounding communities. However, the premises are subject to rent by the Guide Association which results in disruption to the Nursery’s opening and closing hours and in all equipment and resources having to be cleared each evening and set up again each morning. The new premises will therefore, offer more flexibility for working parents as hours will not be restricted. The Care Inspectorate have advised that the proposed development building and site is acceptable subject to complete refurbishment.

The rear garden, now unused by Chiltern’s Home, will be refurbished by the applicant, and the applicant will provide a new greenhouse for the home. Parking space has been identified and due to the nursery’s current location there will be no increase in traffic as a result of the relocation. The applicant has stated that Snowdrop Nursery, in its new location, will give the community an improved quality service for children and families, by now offering places for children under 2 years of age, will offer support and training to students from Coatbridge and will have the potential to employ more local people, domestic, administrative, and child care workers.

4. Site History

4.1 None

5. Development Plan

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

5.2 The adopted Local Plan is the North Lanarkshire Local Plan which designates the area as Policy HCF lA(Protecting Residential Areas and Community Facilities - Residential Amenity). This policy seeks to protect the residential amenity of the existing residential area but states that ancillary development such as a children’s nursery may be acceptable. Policy DSP 4 Quality of Development is also relevant and sets out criteria to secure high standards of site planning and sustainable design. For the purpose of this application DSP 4 3(f) is relevant.

6. Consultations 6.1 Traffic and Transportation have recommended that the application be granted subject to the following conditions;

For a development of this type parking should be provided at a rate of 1 space per staff member. To ensure that the available parking provided is utilised and the opportunity for on street parking is minimised, the car park adjacent to Park Road should be allocated for staff and the car park to the north of the building should be for pick up and drop off.

7. Rewesentat ions

7.1 Following the standard neighbour notification procedure and advertisement in the local press, 3 letters of representation, one from the Chryston Community Council (one in support) have been received. A request has been made for a site visit and hearing by Mr W C Hepburn and the following comments have been made; Obiections e Too much traffic on Lindsaybeg Rd and traffic warden is experiencing problems. e Parking results in my in-curtilage drive being inaccessible. e Application building is an old wooden hut and is not be suitable for children. e North Lanarkshire Council should not spend any money renovating it. e Application building and rear garden is part of the existing Retirement Home. e Young children will damage residential amenity of the Chiltern’s Home’s residents. e There are drainage issues on Lindsaybeg Road at the application site. e Local Community require a purpose built community hall. e The hall is currently leased to the Community Council for a Charitable Voluntary Community Shop is there a suitable alternative location. e The Snowdrop Nursery at present is operating its business from the Girl Guide old hut complex without planning permission. The Snowdrop Nursery has installed a series of Port0 Cabins without planning or building consultations e Chilterns Old Folks premises could be restored as a Children’s Nursery for the community run by present staff, whilst the old hut could be used by the community or be demolished. a There is a possibility that asbestos could be present in the building.

SUDDOrt e The proposed new location is an improvement in terms of risk to pedestrians and traffic incidents. The present premises were shut down for a week at short notice by the landlord and the move to these new premises will be an improvement in terms of local community services for existing families and families moving to the area.

8. Plannina Assessment

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

8.2 Development Plan - North Lanarkshire Local Plan: The site is located within an established residential area in Chryston and is zoned as Policy HCF 1A (Protecting Residential Areas and Community Facilities - Residential Amenity). Policy DSP 4 (Quality of Development) is also relevant. The primary issues to be considered are the appropriateness and compliance with the development plan and the affect the proposed development will have on the surrounding area.

8.3 The development requires to be assessed in terms of Policy HCF 1A , which seeks to protect the character and amenity of existing and new housing areas. This policy sets out that developments of an ancillary nature may be acceptable and Children’s Nurseries are listed as an ancillary development. As such, the principle of the proposed development is considered to be acceptable and in accordance with policy HCF 1A. Roads and amenity issues are discussed in more detail below.

8.4 In terms of Policy DSP 4 - Quality of Development, a series of criteria are listed. As the proposed development involves the use of an existing building with no external alterations other than the erection of a rear fence, it is considered that DSP 4 criteria 3(f) is relevant. Policy DSP 4 (3f) - sets out that proposed developments should Integrate successfully into the local area, avoid harm to neighbouring amenity by relating well to the existing context and avoiding adverse impact on existing or proposed properties through overlooking, loss of privacy, amenity overshadowing or disturbance. A children’s nursery is considered an ancillary development that will not have a significant detrimental impact on the surrounding area and its existing uses.

8.5 Consultation: Traffic and Transportation have no objections and to meet their recommended conditions the applicant has confirmed that there will be five staff and 10 car parking spaces. A planning condition is recommended that requires that the car park adjacent to Park Road be allocated for staff and the car park to the north of the building for parents to pick up and drop off children.

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

Point of Objection: The Snowdrop Nursery is possibly operating its business at present without planning permission.

Comment: The Nursery does not require Planning Permission at its present location, the Girls Guides Hut, is a non-residentialinstitution which is the same Use Class (1 0) as a Children’s Nursery.

Point of Objection: The Snowdrop Nursery has installed a series of Porto Cabins without planning or building consultations.

Comment: The Porto Cabins were not installed by the Snowdrop Nursery but by their Landlord, the Girl Guides and this matter is being investigated by the Council as a separate matter.

Point of Objection: Chiltern’s Old Folks home could be operated as a Children’s Nursery for the Community by current caring staff of the home, whilst the old hut could be developed for small groups or demolished.

Comment: The Planning Authority has no jurisdiction to direct developers towards specific areas or buildings.

Point of Objection: There is too much traffic on Lindsaybeg Road including heavy goods vehicles, the traffic warden experiences problems, parking for existing services results in my in-curtilage drive not being accessible and the proposed Nursery will make this situation worse.

Comment: The proposed development is the relocation of an existing local use and will have 10 car parking spaces which surpass Roads and Transportation requirements.

Point of Objection: The application building is an old wooden hut which has been deemed not suitable for council staff, may have asbestos in its structure and should not be suitable for housing children. North Lanarkshire Council should not spend any money renovating it.

Comment: The ability of the proposed building to function as a Nursery is a consideration of the Care Commission and internal changes will be controlled through the Building Warrant process. The applicant is paying refurbishment costs.

Point Of Objection: The proposed development building and rear garden are part of the existing Retirement Home and young children at this locale will damage the residential amenity of the Chilterns Home's residents.

Comment: The application building is not part of the existing Retirement Home. The Retirement Home has a large front garden and the sound of Nursery Children must be taken into context with the existing nearby School.

Point Of Objection: There are drainage issues at the proposed development site on Lindsaybeg Road.

Comment: The proposed development will be located in an existing building with no additional buildings or structures being built. Therefore, there is no evidence of the proposed development having a significant detrimental effect on current drainage capacity. Any drainage issues will be addressed as part of the Building Warrant process.

Point Of Objection: The Community require a purpose built community hall and the Council should have the endeavour to look into this sooner rather than later.

Comment: This is not a matter for this Planning Application Assessment.

Point of Objection: The application building is currently leased to the Community Council for a Charitable Enterprise, a Community Shop which is voluntary and benefits the community. The Community Council are concerned about the risk to the Community Shop.

Comment: This is not a matter for this Planning Application Assessment.

Point Of Support: The proposed development location, is an improvement in terms of risk to pedestrians and traffic incidents. The present premises were shut down for a week at short notice by the landlord and the move to these new premises would be an improvement in terms of local community services for existing families and families moving to the area.

9. Conclusions

9.1 In conclusion, it is considered that there will not be a significant impact on the residential amenity of immediate neighbouring properties and the wider residential area. The proposed development can be regarded as an established ancillary use to the residential area that is relocating a short distance. It will utilise an existing building with off street parking. As such, it is recommended that planning permission be granted.

9.2 A request for a site visit and hearing has been made by Mr W C Hepburn, 33-35 Lindsaybeg Road, Chryston, G69 9DW. Application No: Proposed Development:

12/00938/FUL Change of Use of Shop (Class 1) to Cafe (Class 3) and Installation of Flue Site Address:

1 Sandvale Place Shotts ML7 5EF

Date Registered:

31 st August 201 2

Applicant: Agent: Ms Gardner/Hendrie Derek Blair 134 Station Road WD Blair Associates Shotts Staff Cottage ML7 4BA 6 Fauldhouse Road Longridge West Lothian EH47 8AQ

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 012 Fortissat No letters of representation received. Charles Cefferty, Thomas Cochrane, James Robertson

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed application is considered acceptable in terms of the criteria set out within the relevant policies contained within the North Lanarkshire Local Plan 2012. The proposed development is unlikely to adversely affect the neighbourhood and local centre and the character and amenity of the surrounding area. Proposed Conditions:-

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

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

2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers 2250/Gardner/Dl, 2250/Gardner/D2 and 2250/Gardner/D3

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

3. That prior to the commencement of development on site detailed drawings of an external extraction flue which will be required for the cooking of food, shall be submitted to, and approved in writing by the Planning Authority and before the development hereby permitted is brought into use the extraction flue shall be installed in accordance with the details approved under the terms of this condition.

Reason: To allow the Planning Authority to consider the aspects in detail and to ensure that the premises are adequately ventilated and that fumes and odours associated with the cooking of food are adequately extracted in the interests of residential amenity.

4. The design, installation and operation of any air condition / ventilation or other plant for the proposed development and any other noise associated with the completed development shall be such as will not give rise to a noise level assessed with the windows open, within any dwelling or noise sensitive building in excess of the equivalent to Noise Rating Curve (NRC) 35 between 07.00 hours and 20.00 hours and NRC 25 at all other times.

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

5. That the development hereby permitted shall not start until the submission of a Notice of Initiation to the Planning Authority.

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

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

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

7. That the permission hereby granted relates to a change of use only and, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no alterations shall be made to the external appearance of the building.

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

Representation Letters

No letters of representation received.

Consultation Responses:

Traffic & Transportation received Tuesday 1 lthSeptember 2012 Environmental Health (including Pollution Control) received Wednesday 5'h September 201 2

Contact Information:

Any person wishing to inspect these documents should contact Ms Suzanne Cusick at 01236 632645

Report Date:

12'h October 201 2 APPLICATION NO: 12/00938/FUL

REPORT

1. Site DescriDtion

1.I The application site is a vacant unit located within a local neighbourhood centre at Sandvale Place, Shotts. The proposed site is one of a row of seven units that consist mainly of shops and hot food takeaways which are owned and leased by the Council. A dedicated car parking area fronts the units and a service and delivery area is provided to the rear of the site. There are dwellings north and south of the site, the nearest being 14 metres from the rear, sitting slightly above the unit. A car wash business which also takes access from Sandvale Place operates directly west of the units and a landscaped area with several semi mature trees lies to the east of the site.

2. ProDosed DeveloDment

2.1 The applicant seeks planning permission for a change of use from a shop (Class 1) to a cafe. No external alterations are proposed as part of this change of use application. The installation of a flue to the rear of the premises is required and forms part of this application proposal.

3. Amlicant’s Suwortina Information

3.1 The agent submitted supporting comments confirming the proposed cafe would have two full time employees and would operate between the hours of 8am and 3pm, Monday to Saturday. With regards to parking provision, the agent advised the existing twelve allocated car parking spaces serving the row of shops and the on-street car parking within the surrounding streets would sufficiently accommodate passing trade.

4. Site History

4.1 No relevant planning history

5. Development Plan

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

5.2 The site is covered by policy RTCIC (Neighbourhood and Local Centres) of the Adopted North Lanarkshire Local Plan 2012.

6. Consultations

6.1 Transportation recommends the proposal be refused as the level of car parking required is unachievable. A change of use from a shop to cafe would require an additional five car parking spaces which they consider unachievable at this location.

6.2 Protective Services have no objections to the proposed development subject to cooking odours from the site being controlled and noise limits upon plant or ventilation from the completed development and deliveries to rear service yard being restricted to 9am to 9 pm.

7.

7.1 No letters of representation received. 8. Plannina Assessment

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

Adopted Local Plan

8.2 The site is located within an area zoned as RTClC (Neighbourhood and Local Centres) which seeks to protect the vitality of the neighbourhood centres through continued focus on acceptable uses. The proposed use as a cafe may be considered an acceptable ancillary use within commercial areas. The local centre is composed mainly of convenience shops and hot food takeaway facilities and it is considered the proposed change of use to a cafe at this location would not undermine the vitality and viability of the local centre. It would instead add to the viability of the neighbourhood centre through occupying a long term vacant unit. The proposed change of use would therefore comply with policy RTClC.

8.3 The adopted local plan requires all applications be assessed against policies DSP 1 (Amount of Development) DSP 2, (Location of Development), DSP3 Impact of Development and DSP 4 (Quality of Development).

8.4 Due to the limited scale and nature of the proposal, policies DSP 1, 2 and 3 are not relevant to this application.

8.5 Under policy DSP4 development will only be permitted where high standards of site planning and sustainable design are achieved. Developments are required to integrate successfully into the local and wider area in terms of the suitability of the site and its setting and use: the design and scale of the development including the roads access and parking, use of materials, traffic and transportation links and road safety without having an adverse impact on the amenity of the area.

8.6 As mentioned in paragraph 8.2, the principle of a cafe at this location is considered acceptable. Given that there are existing hot food facilities within this block it is considered that a cafe would not have a significant impact upon the character of the area. The nearest potentially affected dwellings are located approximately 14 metres to the rear and slightly above the site, as mentioned in paragraph 1.1. At this distance, it is considered that, subject to appropriate conditions, there would be no unreasonable impact from any fumes or noise from the proposed cafe over and above what already exists. Planning conditions are recommended in relation to noise limits from and the design of plant equipment for ventilation. It is not, however, considered reasonable to include a condition restricting the hours of deliveries to the cafe as the adjoining units have no such restrictions placed upon them. Given the scale of the proposal and the conditions recommended it is considered that the development would be unlikely to have any significant negative impact on the surrounding area. Furthermore the surrounding parking area, landscaped verge at Main Street would help minimise the impact of the proposed development on the residential properties within the area. In relation to the parking and road safety and access, Transportation recommends the proposal be refused as the level of car parking arrangements is unachievable. Currently 12 off-street parking spaces are provided in the dedicated car parking area whilst additional informal parallel parking is available directly in front of the units. It is considered the existing car parking arrangements would adequately absorb the vehicular traffic associated with the proposed use and that the adequate size of the car parking area would allow continued manoeuvring and reversing of cars comfortably. Furthermore, it is considered the patrons of the cafe would be likely to park at times when the busy hot food take away facilities will be closed. In terms of the design elements of the application, there would be no external change to the unit as confirmed in paragraph 2.1. It is therefore considered that the principle of the development is found to be acceptable and the proposal complies with policy DSP4. 9. Conclusions

9.1 In conclusion, it is considered that the proposal is acceptable in terms of policies RTCIC (Neighbourhood and Local Centres) and DSP 4 (Quality of Development). It is considered that the proposed use of the existing vacant unit as a cafe would not adversely affect the vitality to the Local and Neighbourhood Centre and not have any significant detriment to the surrounding area. It is recommended that planning permission be granted subject to conditions. Application No: Proposed Development:

12/00965/AMD Amendment to Planning Permission 1 1/00891/FUL by Change of Approved 500kW Wind Turbine Model to Enercon-53 Model (60m to hub, 86.5m to tip) Including Increase in overall Height of Turbine from 77m to 86.5m Site Address:

Bellstane Farm Blackbog Road Rigg e nd Airdrie North Lanarkshire ML6 7SS

Date Registered:

1 1th September 2012

Applicant: Agent: Mr Alexander Paisley N/A Bellstane Farm Riggend Airdrie ML6 7SS Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 007 Airdrie North No letters of representation received. Councillors Alan Beveridge, Sophia Coyle, Thomas Morgan, Andrew Spowart,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The scale, siting and design of the turbine are considered acceptable with the moderate increase in height of the wind turbine and the change of turbine model. The increase in height and dimensions of the turbine would not lead to any additional cumulative effects that were not considered in the previous application. The proposed turbine model would not lead to a significant increase in noise and shadow flicker which would lead to an adverse affect on the amenity of any nearby residential properties with the same proper controls retained in the previous planning permission. No additional impacts to the previous consideration of the development have been identified by changing the model and increasing the height of the turbine. hi I PlanningProduced dnd by Development Environmental Seruices North Ltnarkshire C Fleming House 2 Tryst Road jocmcnumber10~0~396. Including Increase in overall Height of Turbine Cum be rnauld 0813 IJW from 77m to 86.5m A Proposed Conditions:-

1. That the development hereby permitted shall be commenced by 6 June 201 5 and shall subsist for a period of 25 years from the first date of generation of electricity from the development to the grid. Written confirmation of the first date of electricity generation shall be confirmed in writing to the Planning Authority. Within twelve months of the end of the permission, unless a further planning application is submitted and approved, the wind turbine, ancillary equipment and buildings shall be dismantled and removed from the site and the land restored in accordance with a decommissioning, restoration and after-care scheme to be submitted for the approval of the planning authority no later than 2 years prior to the expiry of the 25 year period.

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

2. That the development hereby permitted shall be carried out strictly in accordance with the approved drawings and supporting information submitted as part of the application and no change to the approved details (including changes to the make, model or colour) shall be made without prior written approval of the Planning Authority.

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

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

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

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

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

5. That noise levels inclusive of any necessary tonal correction at any noise sensitive property existing at the date of this permission shall not exceed LA90,lOmin of the greater of 35dB or 5dB above the prevailing background noise level up to wind speeds of 12m/s at 10m in height during hours 07:OO-23:OO and the greater of 43dB or 5dB above the agreed prevailing background noise level at wind speeds of up to 12m/s at 10m in height during hours 23:OO-07:OO when measured at any sensitive receptor with no financial or ownership interest in the application. The noise associated with the turbine shall not exceed LA90, 1Omin of 45dB (A) up to wind speeds of 12m/s at 1Om in height at any noise sensitive property with a declared interest in this development.

Reason: To safeguard the residential amenity of the area.

6. That before the wind turbine hereby permitted is brought into operation the developer shall confirm the proposed shadow flicker mitigation to be used as selected from the shadow flicker assessment submitted as part of the application and the wind turbine shall continue to operate in conjunction with this mitigation for the duration of the planning permission unless otherwise agreed in writing with the Planning Authority.

Reason: To safeguard the residential amenity of the area.

7. That should additional shadow flicker issues be identified over the first three years that the wind turbine is in operation then a further assessment with mitigation details shall be submitted to overcome these shadow flicker issues at the affected receptor within 21 days of the Planning Authority notifying the operator and these shall be approved in writing, by the Planning Authority; thereafter the approved measures shall be brought into operation and shall continue through the operation of the wind turbine except as may be agreed in writing by the Planning Authority.

Reason: To safeguard the residential amenity of the area.

8. That notwithstanding the terms of condition 2 of this planning permission, before the development hereby permitted starts confirmation of the colour of the wind turbine (including tower, hub and blades) shall be submitted to and be approved in writing by the Planning Authority and the development shall be implemented in accordance with these details. For the avoidance of doubt the tower shall be white or a shade of grey.

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

9. That before the development hereby permitted starts full details of any temporary road upgrades or closures required in the delivery of the turbine or crane identified in the submitted transportation documents shall be submitted to the Planning Authority for written approval.

Reason: To consider these aspects in detail in the interests of Road Safety.

10. That the construction of the turbine shall not be undertaken during the breeding bird season (March to August inclusive) unless a breeding bird survey is carried out 48 hours prior to the start of works. Site clearance shall be restricted to safe working distances from any nesting sites that are found (as determined by the ecologist) until the birds have completed nesting. The bird breeding/ nesting survey shall be submitted to the Planning Authority along with an indication of any mitigation used to prevent disturbance from site clearance.

Reason: To ensure compliance with the Wildlife & Countryside Act 1981.

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

- Detailed and scaled map to include the anticipated cable routeing, site storage compound (if applicable), substation (if applicable), on site switch gear (if applicable) and equipment store (if applicable). Details of any change to the layout shall be submitted to and approved by the Planning Authority. - Details of all on site construction, including drainage and pollution prevention, post- construction restoration works including temporary road removal. For the avoidance of doubt these works should accord with the SEPA Pollution Prevention Guidelines. - A dust management plan during the construction period - Details of the working and re-instatement of borrow pits (if required)

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

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

12. That the turbine shall not be erected on site until the applicant has demonstrated that they agreed with the Ministry of Defence, NATS and CAA the following information:

- Construction start and end dates of turbine and meteorological mast; - The position of the turbine tower and meteorological mast in latitude and longitude; - The height of the turbine and meteorological mast in metres above ordnance datum and above ground level; and - The proposed methodology for lighting the turbine (if applicable)

Reason: In the interests of aviation safety.

13. Not later than 6 months from the date that the planning permission hereby granted expires, the wind turbine, ancillary equipment and buildings shall be dismantled and removed from the site and the land reinstated in accordance with the decommissioning and restoration details submitted as part of condition 1, unless otherwise approved in writing with the Planning Authority.

Reason: To define the planning permission in the interests of visual amenity.

14. That the development shall adhere to the mitigation proposed in the ice throw supporting information submitted with application 1 1/00891/FUL unless otherwise agreed in writing with the Planning Authority. In addition, warning signs shall be attached to the tower of the turbine advising the public and farm workers of the risk of ice fall.

Reason: In the interests of public safety given the proximity of the turbine to the road.

15. That should 12 months or more elapse after the current original ecological survey (August 201 I), a further Protected Species Survey shall be undertaken on the site to determine the presence of any statutorily protected species, the said survey shall thereafter be submitted to and approved in writing by the Planning Authority before any development commences on the site. As a result of the study, should any mitigation measures be required for any protected species, this shall be implemented in accordance with a species protection plan agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site.

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

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

Reason: To consider these matters in details. Representation Letters

Consultation Responses:

Letter from BAA Aerodrome Safeguarding received on 12 September 2012 Memo from NLC Greenspace Development (Ecology/ Access) received on 2 October 2012 Letter from National Air Traffic Services (Safeguarding) Mailbox 25, 400 received on 12 September 2012 Letter from Ministry Of Defence Estates received on 26 September 2012 Memo from Traffic and Transportation received on 4 October 2012 Memo from Greenspace Development (Landscape) on 5 October 2012

Contact Information:

Any person wishing to inspect these documents should contact Mr William Shand at 01 236 632499

Report Date:

3rd October 201 2 APPLICATION NO. 12/00965/AMD

REPORT

1. Site Description

1.I The site comprises of an agricultural field which is relatively flat at the site but which significantly falls away to the north and west. The field is bound to the south and east by trees, to the north and east by a road and to the north and west by the house and fields of a neighbouring farm. The neighbouring farmhouse is around 329m to the north and the applicants dwelling is 410m to the east. There is a Site of Interest for Nature Conservation (SINC) to the south/ east and another to the north east as well as a SSSl roughly 640m to the north east. The nearest settlement of Riggend is more than 1.1 km to the south west.

2. Proposed Development

2.1 Planning permission is sought to amend the wind turbine model approved for this site under the previous planning application 11/00891/FUL. The approved turbine had a power output of 500 kilowatts (kW), a height to hub of 50 metres, rotor diameter of 54 metres and overall height to tip of 77m. The proposed turbine model is an Enercon-53 which has the same power output but a height to hub of 60 metres, rotor diameter of 26.5m and an overall height of 86.5 metres.

2.2 The principle of a wind turbine in this location was established in the previous planning application.

3. Applicant’s Supportina Information

3.1 The applicant has submitted several updated supporting documents to supplement the information submitted with the original application including a shadow flicker assessment, noise assessment, visual assessment and ecology report. In addition the applicant has provided justification for the proposed change of wind turbine model. In short the reasons for the proposed model change are that the proposed model manufacturer is a market leader in the wind turbine field offering high planning security with regards to availability, build and repair costs and maintenance. The applicant has found financing options for the approved wind turbine difficult due financial institutions being more stringent in their requirements and that model not being highly recognised in the UK. The Enercon brand however is more widely accepted by financial institutions due to it being more widely used in the UK, offering a longer manufacturer warranty and offering a guarantee on turbine availability with a credit note for yield loss caused by shortfall in their technology. Although the manufacturer is established in the UK, the proposed turbine model is new to the market and was not available at the time of the original application hence the proposal of the previous model.

4. Site Historv

4.1 Planning permission was approved on 6 June 2012 for a wind turbine with a maximum tip height of 77m. This application looks to amend this approved wind turbine.

5. Development Plan

5.1 This application is of no strategic importance and the application will therefore be considered in relation to local plan policy.

5.2 This site is designated as NBE3A (Assessing Development in the Green Belt) within the Adopted North Lanarkshire Local Plan 2012. Policies DSP 3 and 4 (Impact of Development and Quality of Development) and EDI 3 (Assessing Economic Development and Infrastructure Proposals) including the Supplementary Planning Guidance 12 (SPGI 2) document ‘Assessing planning applications for wind turbine developments’ are also of relevance.

6. Consultations

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

MOD NATS BAA Greenspace Development (Ecology and Access) NLC Traffic and Transportation Greenspace Development (Landscape)

6.2 Protective Services have indicated that they are in general agreement with the findings of the noise assessment submitted by the applicant. Protective Services however has requested that validation of the noise assessment is carried out after the erection of the wind turbine to verify there would be no noise impact on any sensitive receptors.

7. Representations

7.I Following the standard neighbour notification procedure and an advert in the local press no letters of representation were received.

8. Plannina Assessment

8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 as amended requires that the application be determined in accordance with the development plan unless material considerations indicate otherwise. As the application is not of strategic importance it shall be considered against the Adopted North Lanarkshire Local Plan 2012.

8.2 Local Plan - Adopted North Lanarkshire Local Plan 2012: The application site is zoned as NBE 3A Assessing Development in the Green Belt in the Adopted North Lanarkshire Local Plan 2012. The principle of a wind turbine within this land use area has already been established in the previous planning permission where a wind turbine on this site was considered to accord with policy NBE3A.

8.3 Policy EDI 3 (Assessing Economic Development and Infrastructure Proposals) is also relevant. This states that ‘the Council supports, in principle, all forms of renewable energy generation subject to these meeting the criteria contained in the approved supplementary planning guidance relating to issues of scale, cumulative impact, community benefit and restoration’. The principle of a wind turbine in this location has already been established in the previous planning permission and therefore only the impact of changing the dimensions of the wind turbine and increasing its height need be considered for this application. This policy is supported by the Supplementary Planning Guidance 12 (SPGI 2) document ‘Assessing planning applications for wind turbine developments’ which outlines the material considerations for this type of development. The compliance with this policy and each relevant consideration shall be discussed through the report. Impact policies DSP 3 (Impact of Development) and DSP 4 (Quality of Development) would also be relevant for this application and will also be considered throughout the report.

8.4 Landscape and Cumulative Impact: Within the SPG12 wind farm areas of search map this turbine is located within zone 3 which indicates that this area has the capacity for medium scale wind turbines of between 40-1OOm. Although this turbine falls within the required criteria, as there are several other wind turbines consented and constructed in this zone a further cumulative visual assessment is required taking into account the increase in turbine height. The visual assessment shows that this model would be visible in much the same context as the approved turbine with only a relatively small increase in the amount of North Lanarkshire that this turbine will theoretically be visible from compared with the approved turbine. The greater visual impact from this turbine relative to the approved turbine would be suffered in a small area to the south of and north of . Although the amendment would lead to the turbine being slightly more visible to the wider area it is considered that this increase in visibility would be minimal and insignificant considering the distances involved, climatic factors and the geometry and vegetation cover between the site and these areas. As with the previous application it is considered that the visual impact of the amended turbine model would be primarily local in context and as before the local views of the turbine would be screened by topography and vegetation within the immediate area. It is conceded that the increase in turbine height would make the turbine more visible from certain viewpoints in the immediate area but this is not considered to be significantly detrimental to the visual amenity of the area. Given this, it is also considered that the amendment would not negatively alter the assessment made on cumulative impact in the previous report. It is acknowledged that more of the wind turbine would be visible to the most immediate neighbours however as previously assessed the turbine would only be positioned to the periphery of their views from their properties with the views towards Gain and Shankburn Road remaining unobstructed and the views to the fields to the south being mostly unaffected. Therefore although the turbine would increase in height from the approved turbine the likely visual impact on the immediate neighbouring properties would not be significantly increased. Therefore it is considered that this turbine model would not lead to a detrimental visual impact both individually and cumulatively in this area.

8.5 Natural Heritage: The change to the turbine dimensions and increase in turbine height would not lead to any increase in risk to the ecology and biodiversity of the area according to the ecological report submitted by the applicant. Greenspace Services have confirmed that they are content with the findings of this report and have no objections to the application.

8.6 Noise: Noise would still be a key consideration for this application as it is noted that the amended turbine model has the potential to be slightly louder than the approved model. The applicant has used the background readings taken for the previous application to show that the proposed turbine model would still be within acceptable noise limits in accordance with ETSU-97 which is the Scottish Government’s prescribed guidance on wind turbine noise. On the most part the turbine noise would not exceed the likely background noise levels at the nearest sensitive receptors however it is noted that the wind turbine may exceed background noise levels at night when wind speeds are at around 6 - 7 m/s. The turbine noise would only slightly exceed the background noise at these wind speeds but would still be within the 5dB limit above the background noise. The 5dB limit takes into account the increase in noise that would be required before it would be perceived by the human ear. So although the noise from the turbine might be above background levels at some wind speeds it is unlikely that this noise would be perceived by the human ear above the background noise level. It is therefore concluded that this amendment would not lead to any significant noise nuisance or disamenity in terms of noise.

8.7 Shadow Flicker: An updated shadow flicker assessment has been undertaken taking into account the increase in height of the turbine and the change to the length of blades. The shadow flicker assessment showed that the nearest dwelling would be affected by shadow flicker for at most 30.9 hours of the year (depending on climatic conditions) which is less than the 32 hours of the year for the consented application. Although the turbine is higher any potential impact from shadow flicker would be less due to the decrease in rotor diameter and the higher hub. The applicant has provided mitigation options to combat this issue in the form of switching the turbine off when the issue is likely to occur. As this issue can be adequately mitigated and the impacts would be less than the consented turbine it is considered that shadow flicker would not be a significant issue for this development subject to the same conditions as the previous application.

8.8 Distance from Road, Ice Fall and Malfunction: The previous assessment noted that the turbine site would be within the recommended stand off distance from a road prescribed within SPG12. The amended turbine model would not reduce this potential impact. It was considered in the previous application that the supporting statement submitted by the applicant provided sufficient justification to show that the turbine would be unlikely to cause any significant impact to the road network from malfunction or distraction. It is considered that the arguments made for the approved wind turbine are just as valid for the proposed wind turbine model and therefore the change in turbine model would not lead to any additional risk to the road network even taking into account the increase in turbine height. Ice throw was considered in the previous application and this assessment would not be altered by the change in turbine model.

8.9 Aviation, Radar and Electromagnetic Interference: No additional issues were raised from the previous application.

8.1 0 Cultural Heritage, Transport Route, Access and Infrastructure: There are no sites of cultural or historical interest near to the site that would be affected by this development. In terms of the proposed turbine route it has been indicated by the applicant that although the turbine would be larger in height, the same number of deliveries and vehicles would be required as with the previous application. This turbine would not lead to a greater number of vehicle movements compared to the approved turbine. The proposed turbine therefore would not adversely affect the transport network. The required ancillary infrastructure and works such as grid connections and foundations would be similar to the previously approved turbine and would be unlikely to cause any significant harm to the amenity of the area given the options available to the applicant and that the immediate area is not particularly sensitive in nature.

8.1 1 Consultation responses: Protective Services have indicated that they are content with the findings of the noise assessment and are in general agreement with the conclusion of the report that there would not be any significant noise impact from this development. They have however requested that these findings be validated following construction of the wind turbine. Given that the findings of the report have been generally accepted by Protective Services and that the noise from the wind turbine would be within acceptable limits it is considered that a noise limit condition would be adequate to control the impact of the development. Given that noise has been assessed as part of the application any validation of the findings following the approval of planning permission may be considered unreasonable and may not meet the tests of a planning condition. The noise limit condition would ensure that the turbine would be adequately controlled and switched off if necessary should the noise limits be exceeded. None of the other consultees had any objection or indeed any comments to make on the proposed amendment.

9. Conclusions

9.1 Taking the foregoing into account it is considered that the amended wind turbine model including the change to the turbines dimensions and height would accord with the terms of the Adopted North Lanarkshire Local Plan 2012. The principle of a wind turbine in this location was established in the previous planning permission and the applicant has made some valid arguments for the change in model type. It is considered that the proposed turbine model would not lead to any additional impacts in terms of visual or residential amenity when compared with the previously approved wind turbine given the minimal increase in height. Consequently the proposed amendment to the turbine model is therefore considered acceptable in this instance subject to the attached conditions. Application No: Proposed Development:

12/00991/FUL Erection of a Steel Memorial Sculpture for Steel Workers and Associated Works including Hedge Planting, Re-alignment of Fence, Sign Relocation & Lighting

Site Address:

Land Adjacent To Ravenscraig Sports Facility 1 O'Donnell Way Motherwell ML1 2TZ

Date Registered:

20th September 201 2

Applicant: Agent: New Lanarkshire Ltd North Lanarkshire Council New Lanarkshire House 366 Hamilton Road Dove Wynd Motherwell Strathclyde Business Park MLI 3ED Bellshill ML4 3AD

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 01 8: Motherwell South East And Ravenscraig No letters of representation received. Kaye Harmon, Thomas Lunny, Gary O'Rorke & Alan Valentine

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed development is considered to be in accordance with the criteria set out in the relevant policies of the North Lanarkshire Local Plan. The proposed statue and associated works will not adversely affect the setting of the Regional Sports Facility and it will improve the visual amenity of the site and surrounding area by creating a focal point at this particular location of Ravenscraig.

Proposed Conditions:-

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

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

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

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

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

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

4. That the development hereby permitted shall be carried out strictly in accordance with the approved details submitted as part of the application and no change to those details shall be made without prior written approval of the Planning Authority. For the avoidance of doubt, no planning permission is hereby given for the advertisement signage and these shall be subject of a separate advertisement application.

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

5. 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. For the avoidance of doubt, the existing boundary fence for the Regional Sports Facility shall be relocated prior to the erection of the statue and any landscaping works taking place.

Reason: In the interests of visual amenity and to protect the amenity of the adjacent sports facility and surrounding area.

6. That before the development hereby permitted is brought into use, all the fences, or walls, as approved under the terms of condition 5 above, shall be erected.

Reason: In the interests of visual amenity and to protect the amenity of the adjacent sports facility and surrounding area.

7. Notwithstanding the requirements of Condition 5 and 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; and (b) a scheme of hedge and shrub planting surrounding the statue, incorporating details of the location, number, variety and size of hedge and shrubs to be planted. (c) a timetable for the implementation of these works.

Reason: To enable the Planning Authority to consider these aspects in detail. 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 landscaped garden being brought into use, 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.

9. The before the development hereby permitted is brought into use, details of all external lighting, including any provision for CCTV Cameras, to be located within the site shall be submitted to and approved in writing by the Planning Authority before any lighting or CCTV are installed, and any lighting or CCTV cameras shall be installed in accordance with the details approved under the terms of this condition.

Reason: In the interests of visual amenity of the site and the general area. Backaround Papers:

Representation Letters

None

Consultation Responses:

Memo from Land Services (Landscaping) received gthOctober 2012. Memo from Transportation dated 4thOctober 2012. Memo from Protective Services dated 8thOctober 2012.

Contact Information:

Any person wishing to inspect these documents should contact Miss Heather Gebbie at 01 236 632494.

Report Date:

1Oth October 201 2 APPLICATION NO. 12/00991/FUL

REPORT

1. Site Description

1.I The application site is located adjacent to the roundabout at the junction of New Craig Road and O'Donnell Way on the Ravenscraig Spine Road and within the south west corner of the grounds of the Ravenscraig Regional Sports Facility at 1 O'Donnell Way, Ravenscraig. The Regional Sports Facility is an isolated leisure development within the centre of Ravenscraig and is only bounded by the public road network on all sides with the land beyond classed as open brownfield land. The site currently comprises of open maintained grassland, a 2 metre high green wire mesh fence and the footpath network which is the main pedestrian route along the Ravenscraig spine road. There is also a directional sign associated with the Sports Facility located within the site. In terms of site levels, the site is gently sloping downwards in a north east to south west direction.

2. Proposed Development

2.1 The applicant proposes erect a stainless steel statue approximately 6.7 metres high in memory of Scottish steel workers who lost their lives working in the industry. The statue is designed to mimic a steelworker standing on top of a steel girder. The applicant also proposes to plant hedging and lighting surrounding the statue. In order to accommodate the statue and associated works, the applicant would require to remove the existing Sports Facility boundary fence and NL Leisure signage. The applicant proposes to erect two new signs near the statue area however these do not form part of this application and would require separate advertisement consent. The proposed statue and surrounding area would still be visible from the road network approaching the Sports Facility at the adjacent main roundabout on New Craig Road.

2.2 It should be noted that the Council owns the land subject of this application.

3. Applicant's Supportina Information

3.1 The applicant has a design statement in support of this application.

4. Site Historv

4.1 The following planning applications are relevant to this application:

01/00758/OUT: Mixed Use Development Comprising Residential Areas, Primary Schools/Community Uses, Business and Employment Uses, Open Space, a New Town Centre Including Retail, Leisure, Business, Housing and Hotel and Associated Transport Infrastructure granted 1 1th March 2005. 07/01431/REM: Erection of Regional Sports Facility for a Multi Functional Use, Which Includes a Full Size Indoor Football Pitch, Running Track Sports Hall, All Weather Outdoor Sports Pitches and Ancillary Uses granted 1gth January 2007. 0 09/00357/FUL: Access Road and Drainage for Regional Sports Facility granted 31"JuIy 2009. 0 10/01121/ADV: Installation of External Signage granted 31'' December 2010.

5. Development Plan

5.1 The site is zoned under Policy HCF1 B1 (Community Facilities) in the North Lanarkshire Local Plan. 6. Consultations

6.1 Transportation, Protective Services and Land Services (Landscaping) have objections regarding this application. Land Services (Landscaping) have also offered comments in relation to the location of the artwork and inclusion of a gate and direct pedestrian access to artwork area from the sports facility.

7. Rewesentat ions

7.1 No letters of representation have been received in relation to this application following the neighbour notification process and press advertisement.

8. Planninq Assessment

8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The application raises no strategic issues in terms of the Glasgow and Clyde Valley Strategic Development Plan Area 2012 and in turn it can therefore be assessed in terms of local development plan. The site is zoned under Policy HCFI B1 (Community Facilities) in the North Lanarkshire Local Plan. The proposed development also requires to be assessed against Development Strategy Policies DSPI -4 which include DSPl (Amount of Development), DSP2 (Location of Development), DSP3 (Impact of Development) and DSP4 (Quality of Development).

Development Plan

8.2 The site is zoned under Policy HCF1 B1 (Community Facilities) which seeks to protect such facilities which also include town parks and community parks. In this case, the proposed development lies within the curtilage of the Ravenscraig Regional Sports Facility (RSF) and it will create a further community facility in the form of public artwork and an open landscaped area for members of the public to use and enjoy. It is therefore considered that the proposed statue and associated works are considered to be in accordance with this local plan policy.

8.3 With regard to Policy DSPl (Amount of Development), as it lies within an existing community facility and will involve a further such facility in the form of public artwork. It is considered that the amount of development is acceptable. Furthermore as the site is small in size, there is no significant loss of land from the Regional Sports Facility which would significantly impact on its overall function and amenity. In view of this, it is considered that the proposal complies with Policy DSP1.

0.4 Policy DSP2 (Location of Development) requires planning applications to be considered against a list of relevant locational criteria and in this case the relevant criteria are: 4- Accessibility and 5-Community. The proposed statue and landscaping works will be open and visible from the main Ravenscraig spine road therefore all vehicular traffic and pedestrians would have access for use and members of the public would be able to enjoy the community facility, particularly in view of the reasons for the statue which is in memoriam of former Scottish Steel Workers. It is considered that the location of the proposed statue is acceptable in that it is adjacent to an existing community facility (RSF) and will be on a main route (O’Donnell Way) which will link to the future retail and town centre within Ravenscraig.

8.5 Policy DSP3 (Impact of Development) considers the impact of the proposed development in terms of its requirements for additional community facilities or infrastructure which is necessary to meet future demands on existing provisions. As the proposed statue and landscaped areas are located on Council owned land and the site will remain under the maintenance of the Council, there will be no additional infrastructure or facilities required as a result of the proposed development. It is therefore considered that the proposal complies with Policy DSPB.

8.6 Policy DSP4 (Quality of Development) requires development proposals to only be permitted where high standards of site planning and sustainable design are achieved. Proposals require to demonstrate that an appraisal has been carried out of the existing character and features of the site and its setting, existing rights of way or features or historic environment interest will be safeguarded or enhanced and the proposed development takes account of the site appraisal and any evaluation of design options and achieving a high quality development against a list of detailed criteria. In this case, the applicant has submitted a design statement which includes detailed analysis of the proposed design of the statue and the proposed setting within the centre of Ravenscraig. The design of the statue has been chosen to commemorate the Scottish steel workers who lost their lives within the steel works. The location is considered appropriate in terms of its physical relationship to the former location of the steel work buildings and also the nearby central location for the future retail and town centre which will lie to the east. The site is also clearly visible to members of the public and readily accessible for pedestrians via the existing public footpath network which lies to the front of the site and via private/public transport. The proposed artwork will create a focal point on the route of the Ravenscraig spine road and it will improve the visual amenity of this particular brownfield location by adding a further community facility. Furthermore the proposed use of stainless steel is appropriate in the context of the design and purpose of the statue and it will compliment the backdrop of the Regional Sports Facility which is similarly constructed of steel and grey cladding. The use of hedging around the rear of the landscaped area, which is close to the boundary with the Sports Facility, will allow the statue to have an appropriate landscape setting for the users of the facility. A planning condition is recommended with regard to the submission of a detailed landscaping scheme. The applicant has advised that external lighting will be used to appropriately light the statue and a planning condition is recommended to ensure the submission of lighting details prior to any works commencing. It is considered that the proposed development will enhance the Regional Sports Facility in view of screening provided by the proposed hedge planting and relocation of the boundary fence, which would ensure that the artwork is segregated from the grounds of the RSF building therefore not significantly affecting its character and amenity. There is an existing sign within the site which requires to be removed to facilitate the proposed development and the applicant intends to erect two new signs. These signs will require a separate advertisement consent application and do not form part of this application. Taking account of the above, it is considered that the proposed statue and associated works are considered of a high design at this particular setting. It is therefore considered that the proposal accords with Policy DSP4.

Consultations:

8.7 With regard to the comments received from Land Services (Landscaping), it is considered that appropriate pedestrian routes existing surrounding the Sports Facility and any visitors would utilise the existing footway network. It is therefore considered that an additional access from the artwork area to the Sports Facility is not required. Landscaping also commented on the position of the artwork in relating to the existing steel columns at the Sports Facility. It is considered that the location of the artwork is appropriate and will not adversely impact the setting of the adjacent building.

9. Conclusions

9.1 In conclusion, it is considered that the proposed statue, landscaping and associated works are acceptable from a planning viewpoint and the proposed development complies with the relevant policies of the North Lanarkshire Local Plan. It is considered that the proposed artwork and landscape area will provide a positive community facility which will improve the visual amenity and character of this location and will enhance the setting of the adjacent Regional Sports Facility. It is therefore recommended that planning permission is granted subject to conditions.